What is malice According to the PA Superior

What is malice? According to the PA Superior Court in Commonwealth v. Levin Malice consists of a "wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured. . " Malice may be found where the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury.

“Woman who fell from high-rise, boyfriend were drinking” If Kevin Eckenrode’s version of events is true, which classification of homicide do you think he should be charged with? Explain why you feel that way. http: //www. poconorecord. com/apps/pbcs. dll/article? AID=/20060227/NEWS/60227006

Eckenrode sentenced for PV grad's fatal fall HARRISBURG (AP) -- The man convicted of involuntary manslaughter in Pleasant Valley High School graduate Rachel Kozlusky's fatal fall from his 23 rd-story apartment window was sentenced Wednesday to 11½ to 23 months behind bars. Kevin P. Eckenrode, 26, will become eligible for work release after serving three months in Dauphin County Prison, and county Judge Richard A. Lewis agreed to let the Scranton native serve his work release in Lackawanna County. At his sentencing Wednesday, he apologized to her family. Eckenrode also was sentenced to 24 months' probation and ordered to perform 200 hours of community service by talking to young people about the dangers of alcohol abuse. He will be barred from consuming alcohol during his probation and required during the first six months to wear an electronic bracelet that alerts authorities if he drinks. http: //www. poconorecord. com/article/20070221/News/70221004

Crimes Essential Questions: What is the difference between a federal offense and a state offense? What is the difference between a felony, a misdemeanor, and a summary offense? How are common Pennsylvania crimes defined?

Federal Offense vs. State Offense A federal offense is a crime against the United States (United States v. Jones). It is a violation of a federal statute created by Congress. These crimes are prosecuted in a federal court, and those convicted are sentenced to a federal penitentiary. Federal Statutes http: //www. law. cornell. edu/uscode/ Pennsylvania Statutes http: //government. westlaw. com/linkedslice/default. asp? SP=pac-1000

Federal Offense vs. State Offense A federal offense is a crime against the United States (United States v. Jones). It is a violation of a federal statute created by Congress. These crimes are prosecuted in a federal court, and those convicted are sentenced to a federal penitentiary. Examples: Kidnapping (across state lines) Mail Fraud Bank Robbery Tax Evasion (federal tax) Counterfeiting Federal Statutes http: //www. law. cornell. edu/uscode/ Pennsylvania Statutes http: //government. westlaw. com/linkedslice/default. asp? SP=pac-1000

Federal Offense vs. State Offense A federal offense is a crime against the United States (United States v. Jones). It is a violation of a federal statute created by Congress. These crimes are prosecuted in a federal court, and those convicted are sentenced to a federal penitentiary. A state offense is a crime against a state (Commonwealth of Pennsylvania v. Jones). It is a violation of a state statute created by the state legislature. These crimes are tried in a state court, and those convicted are sentenced to a state penitentiary. Examples: Kidnapping (across state lines) Mail Fraud Bank Robbery Tax Evasion (federal tax) Counterfeiting Federal Statutes http: //www. law. cornell. edu/uscode/ Pennsylvania Statutes http: //government. westlaw. com/linkedslice/default. asp? SP=pac-1000

Federal Offense vs. State Offense A federal offense is a crime against the United States (United States v. Jones). It is a violation of a federal statute created by Congress. These crimes are prosecuted in a federal court, and those convicted are sentenced to a federal penitentiary. A state offense is a crime against a state (Commonwealth of Pennsylvania v. Jones). It is a violation of a state statute created by the state legislature. These crimes are tried in a state court, and those convicted are sentenced to a state penitentiary. Examples: Kidnapping (across state lines) Mail Fraud Bank Robbery Tax Evasion (federal tax) Counterfeiting Examples: Kidnapping (within the state) Murder Rape Assault Robbery Federal Statutes http: //www. law. cornell. edu/uscode/ Pennsylvania Statutes http: //government. westlaw. com/linkedslice/default. asp? SP=pac-1000

TITLE 18, Chapter 11. Authorized Disposition of Offenders Max. Prison Sentence Max. Fine 1 st Degree Murder Life (or Death Penalty) $50, 000 2 nd Degree Murder Life $50, 000 3 rd Degree Murder 40 yrs. $50, 000 1 st Degree Felony 20 yrs. $25, 000 2 nd Degree Felony 10 yrs. $25, 000 3 rd Degree Felony 7 yrs. $15, 000 1 st Degree Misdemeanor 5 yrs. $10, 000 2 nd Degree Misdemeanor 2 yrs. $5, 000 3 rd Degree Misdemeanor 1 yr. $2, 500 90 days $300 Summary Offense

Criminal Attempt Criminal Solicitation Criminal Conspiracy 1 st Degree Murder 2 nd Degree Murder 3 rd Degree Murder Voluntary Manslaughter Involuntary Manslaughter Homicide by Vehicle Simple Assault Aggravated Assault Reckless Endangerment Terroristic Threats Kidnapping Rape Statutory Sexual Assault Arson Criminal Mischief Criminal Trespass Burglary Robbery Theft by Unlawful Taking Theft by Extortion Receiving Stolen Property Forgery Misapplication of Entrusted Property Trademark Counterfeiting Identity Theft Endangering the Welfare of Children Disorderly Conduct Corruption of Minors

http: //www. legis. state. pa. us/cfdocs/legis/LI/cons. Check. cfm? txt. Type=HTM&ttl=18