Difference between revisions of "Godlike charged with Murder"
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| − | ==OPTIONAL CHARGES | + | ===GODLIKE CHARGED WITH MURDER=== |
| + | [[Image:Athens GA road.gif|frame|The lonely country road leaving Athens, GA where young Jessie Trundel was found murdered.]] | ||
| + | January ??, 2005 <br> GEORGIA | ATHENS -- ''?????'' <br> -- '''[http://www.onlineathens.com/ Athens Banner-Herald]''' <br> ''[[Godlike charged with Murder - FULL STORY -]]'' | ||
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| + | '''OPTIONAL CHARGES''': per Georgia Law | ||
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===Murder=== - O.C.G.A. 16-5-1 | ===Murder=== - O.C.G.A. 16-5-1 | ||
Murder or "malice murder" occurs when an individual unlawfully and with malice aforethought causes the death of another person. Malice aforethought is defined as an intention to kill another human being. Therefore, in order to be convicted of malice murder, the state must prove that the defendant had the specific intent to kill the victim. This intent may be found in the defendant’s actions toward the victim (i.e., threats, etc.), in his use of a deadly weapon, or in the defendant’s acts which exhibit a reckless disregard for human life. | Murder or "malice murder" occurs when an individual unlawfully and with malice aforethought causes the death of another person. Malice aforethought is defined as an intention to kill another human being. Therefore, in order to be convicted of malice murder, the state must prove that the defendant had the specific intent to kill the victim. This intent may be found in the defendant’s actions toward the victim (i.e., threats, etc.), in his use of a deadly weapon, or in the defendant’s acts which exhibit a reckless disregard for human life. | ||
| − | * Punishment: Felony, death penalty or life in prison. | + | * '''Punishment''': Felony, death penalty or life in prison. |
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===Voluntary Manslaughter=== - O.C.G.A. 16-5-2 | ===Voluntary Manslaughter=== - O.C.G.A. 16-5-2 | ||
In order for a homicide to be considered voluntary manslaughter, the defendant must have intentionally caused a human being’s death as a result of "sudden, violent, irresistible passion" caused by "serious provocation." The defendant must have intended to kill the victim, but because of "heat of passion" there is no malice aforethought. Thus, voluntary manslaughter is considered less criminal than murder. The statute further states that passion cannot be found if there was a sufficient "cooling off period" between the provocation and the killing. If the defendant had long enough for "the voice of reason and humanity to be heard" he will be guilty of murder, not voluntary manslaughter. | In order for a homicide to be considered voluntary manslaughter, the defendant must have intentionally caused a human being’s death as a result of "sudden, violent, irresistible passion" caused by "serious provocation." The defendant must have intended to kill the victim, but because of "heat of passion" there is no malice aforethought. Thus, voluntary manslaughter is considered less criminal than murder. The statute further states that passion cannot be found if there was a sufficient "cooling off period" between the provocation and the killing. If the defendant had long enough for "the voice of reason and humanity to be heard" he will be guilty of murder, not voluntary manslaughter. | ||
| − | * Punishment: Felony, 1 to 20 years in prison | + | * '''Punishment''': Felony, 1 to 20 years in prison |
Latest revision as of 16:41, 5 September 2005
GODLIKE CHARGED WITH MURDER[edit]
File:Athens GA road.gif
January ??, 2005
GEORGIA | ATHENS -- ?????
-- Athens Banner-Herald
Godlike charged with Murder - FULL STORY -
OPTIONAL CHARGES: per Georgia Law
===Murder=== - O.C.G.A. 16-5-1 Murder or "malice murder" occurs when an individual unlawfully and with malice aforethought causes the death of another person. Malice aforethought is defined as an intention to kill another human being. Therefore, in order to be convicted of malice murder, the state must prove that the defendant had the specific intent to kill the victim. This intent may be found in the defendant’s actions toward the victim (i.e., threats, etc.), in his use of a deadly weapon, or in the defendant’s acts which exhibit a reckless disregard for human life.
- Punishment: Felony, death penalty or life in prison.
===Voluntary Manslaughter=== - O.C.G.A. 16-5-2 In order for a homicide to be considered voluntary manslaughter, the defendant must have intentionally caused a human being’s death as a result of "sudden, violent, irresistible passion" caused by "serious provocation." The defendant must have intended to kill the victim, but because of "heat of passion" there is no malice aforethought. Thus, voluntary manslaughter is considered less criminal than murder. The statute further states that passion cannot be found if there was a sufficient "cooling off period" between the provocation and the killing. If the defendant had long enough for "the voice of reason and humanity to be heard" he will be guilty of murder, not voluntary manslaughter.
- Punishment: Felony, 1 to 20 years in prison
