What is the Law on Murder in Kansas and What are the Punishments For it?
In Kansas, the centermost state of America, the common law of felony murder rule, is given under K.S.A. 21-3401. Homicide can be defined as the act of one person killing another. There needs to be a volitional act by one man that has resulted in the death of another human being. Homicide does not always require to be intentional it may be a result of negligence, reckless driving, or accident as well.
Homicide, Murder, and Manslaughter
Most people use the terms' murder', 'homicide,' and 'manslaughter' synonymously, although it needs to be understood that they are different crimes with different legalized punishments for it. Murder is when a person plans the death of another and acts on the plans, thereby taking the life of the other person in the process. Manslaughter, on the other hand, is considered to be less culpable than actual murder.
The determining difference between manslaughter and murder often comes down to the state of mind of the accused while committing the crime. It could be manslaughter when the accused only intended to cause or inflict harm without the intention of actually killing the victim. Homicide is thus an umbrella category under which falls various intentional and unintentional acts of killing.
According to such details, the state of Kansas has seven separate categories of criminal homicide
capital murder, voluntary manslaughter, first-degree murder, second-degree murder, involuntary manslaughter, assisting suicide and vehicular homicide
The circumstances of the killing, therefore, ultimately justify whether or not it is ultimately considered a criminal offense and to what degree. Discussed below are the two of the most severe categories of homicide:
Capital Murder in Kansas
The definition of murder slightly differs from one state to the other in the U.S.A. Although generally, it comes down to unlawful killing of one human being by another human which can be intentional or unintentional. Like most of the other states, in the state of Kansas, the most serious types of murders are categorized under Capital Murder. It falls s under the section 21-3439 of the Kansas Code.
When a person has conscious plans and kills another man under the following circumstances:
- When the intention was to hold the victim for ransom. That is while committing aggravated kidnapping or just kidnapping
- If the accused is a patient of some kind of correctional institution already
- During the commitment or commission of criminal sodomy, rape, aggravated criminal sodomy, or the attempt thereof
- In an agreement to commit the murder or is a part of any such deal
- if the sufferer or the victim is a law enforcement officer or public servant
- When the dead is a minor aged below 14 years, and the act was committed during kidnapping to sexually abuse or rape the minor
- When the victim count goes to two or more people; or if two killings can be linked under one common plan
Penalty for Murder in Kansas
- Capital murder once proved in the Kansas Court is punishable by death. Capital punishment is given out for committing Capital murder.
- Only sometimes, Capital Punishment falls under Off-Grid Crimes. Conventionally all the Off-grid crimes are extremely serious criminal offenses. The Off-grid crimes are punishable by life imprisonment or the death penalty in the court of Kansas.
First-degree Murder in Kansas
The killing that is premeditated to take life but does not fall under Capital murder is categorized as First-degree murder. Even when the murder is committed under the premise of some other dangerous and severe felony, the crime can be charged as first-degree murder.
They are generally punished by imprisonment for life.