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Paper Topic:

murder law in north carolina/crime against persons

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Murder Law in North Carolina

Introduction

Murder is a crime that has been with us since the time of creation when Cain killed Abel

Under common law the definition of murder came from case law and it was set out as a constituent of two elements , the guilty intention or mental element (mens rea ) and the guilty act or physical element (actus reus

Legal systems which adopted common law were therefore restricted to the two elements as the chief components of a

crime of murder . Some legal systems have however changed the elements which are used to define the crime of murder . In the state of North Carolina the statutes have more elements which are necessarily required to be present for the crime of murder to have taken place . The changes have gone further to severe the crime of murder into two categories comprising of First and Second degree murder . These two categories are different because one requires all of the elements whereas the other requires two

The foregoing not withstanding , the definition of murder is not satisfactory and therefore some changes need to be made

Elements of Murder in Common Law

Under common law murder is defined as any act or omission which results in the death of another person . However there are some elements which have to be present before such an act can be classified as murder , these are : the guilty act (Actus Reus ) and the guilty mind (Mens Rea

Actus reus...

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