Gunman kills student, wounds another at North Carolina

university
REUTERS
Nov 02, 2015 04:59 AM
INSTON-SALEM, N.C. (Reuters) - A gunman shot one student dead and
wounded another during homecoming weekend early Sunday on the campus of
Winston-Salem State University in North Carolina, police said.
The suspected gunman, identified by local media as Jarrett Jerome Moore, is still
at large, WTVD-TV reported, citing campus police. The university identified the
victim as Anthony White Jr. a second-year student from Charlotte.
"Both victims suffered from apparent gunshot wounds and both are students at the
University," Winston-Salem police department said on an incident report released
to media.
The second victim was taken to hospital and treated for non-life-threatening
injuries, the report said without identifying that person or naming a suspect.
Campus police and a university spokesman did not respond to requests for
information.
The campus was on placed on lockdown for more than three hours before an all
clear was issued, the university said in a brief statement.
"The campus community is advised to exercise caution while on campus today,
and stay away from the restricted areas on campus," it said.
The university said it was providing support for a student vigil on campus on
Sunday evening, and would organize a memorial for White at a later time.

(Reporting by Colleen Jenkins in Winston-Salem and David Adams in Miami;

Editing by Alison Williams and Eric Walsh)

Because the murder suspect is still at large, then the article that is sure to ensnare
suspects remains unclear.
But based on the element of fault, the crime of murder can be distinguished:
1. Killing is done deliberately.
Ordinary murder
Offenses under Article 338 of the Criminal Code is a criminal offense in the form
of goods (Doodslag In zijn Grondvorm), the offense that has been formulated in
full with all its elements.
The formulation of Article 338 of the Criminal Code are:
"Whoever intentionally depriving another person's life, threatened, for murder,
with a maximum imprisonment of fifteen years".
While Article 340 of the Criminal Code states:
"Anyone who intentionally and with plans in advance depriving another person's
life is threatened, because the murder of the plan (moord), the death penalty or
imprisonment for life or for a certain time, a maximum of twenty years."
From this statement, it is our criminal law does not recognize a provision stating
that a murderer would be subject to more severe sanctions for having killed
intentionally persons having certain position or has a special relationship with the
perpetrator.

With regard to elements of the lives of others as well, eliminating the life itself
does not include actions that can be punished, because people who commit suicide
is considered a sick person memory and he can not be justified.
Murder by weighting (Gequalificeerde Doodslag)
It is stipulated in Article 339 of the Criminal Code which reads as follows:
"The killing followed, accompanied, or preceded by the crime and committed
with the intention to facilitate the action was, if caught, to release oneself or
participants rather than punishment, or that the goods were acquired unlawfully
remain in his hands, be punished with penalty life imprisonment or temporary
imprisonment for ever twenty years. "
Differences with the murder of Article 338 of the Criminal Code is: "followed,
accompanied, or preceded by crime". The word "followed" (gevold) intended
followed another crime. The murder was intended to prepare it does other crimes.
The elements of a criminal offense with aggravating circumstances in the
formulation of Article 339 of the Criminal Code are as follows:
a. Subjective elements:
1) intentionally
2) with a view
b. Objective elements:
1) eliminating the lives of others
2) followed, accompanied and preceded by another criminal offense
3) to prepare / facilitate the execution of a criminal offense that will be, is
being or has been done
4) to guarantee can not dipidananya themselves or others (participants) in
the offenses in question

5) to ensure that the objects remain under their control has been obtained
unlawfully, in he / they are caught in time to implement criminal act.
The second subjective element "with the intention" should be interpreted as a
personal intent of the perpetrator; namely the intention to achieve one goal
(element objective), and to be able to dipidanakannya offender, as defined in
Article 339 of the Criminal Code, mean that person need not have been realized /
finished, but this element must be indicted by the public prosecutor and must be
proven in court court.
The second element being objective, "criminal acts" in the formulation of Article
339 of the Criminal Code, it is included also in the sense that all kinds of criminal
acts (the Act) has been established as pelanggaranpelanggaran and not merely the
types of offenses classified in crime- crime. Whereas what is meant by "other
participants" are those mentioned in Articles 55 and 56 of the Criminal Code,
namely those who do (pleger), which is told to do (doenpleger), which moves /
persuade them to commit the crimes in question (uitlokker) and those who assist /
participate implement such offenses (medepleger).
If the elements of subjective or objective that led to the murder was proven in
court, then it is burdensome to the crime, so the penalties are even more severe
than ordinary murder, by a life sentence or forever twenty years. And if these
elements can not be proved, it can bemitigate or even eliminate penalties. In the
murder under Article 339 of the Criminal Code is a special form of aggravated
murder. In aggravated murder, there are two (2) kinds of criminal acts at once,
namely manslaughter and other offenses. Article 339 of the Criminal Code, the
criminal threat is imprisonment for life or for a certain time, a maximum of
twenty years. Sanction the murders, including relatively heavy compared to the
usual murder under Article 338 of the Criminal Code, because in this act there are
two offenses at once.
Murder Planning (Moord)

This criminal offense under Article 340 of the Criminal Code, which states as
follows:
"Anyone who intentionally and with premeditation depriving another person's life,
is threatened because of murder, the death penalty or life imprisonment or
imprisonment for a specified time no later than twenty years. "
Murder done Demand It and Firm by the victim himself.
This type of crime has a special element, at the request of the firm (uitdrukkelijk)
and heartily / real (ernstig). Not enough just by mere agreement, because it does
not meet the formulation of Article 344 of the Criminal Code:
"He who robs life of another person at the request of a very firm and earnest, that
person shall be punished with imprisonment for a twelve-year high"
2. Murder unintentionally.
Criminal offenses committed by accident is a form of crime that result is not
desired by the perpetrator. This crime under Article 359 of the Criminal Code, the
formulation as follows:
"Whoever because of negligence causing the death of another person shall be
punishable with imprisonment of five years or a maximum imprisonment of one
year."

Against crime in violation of Article 359 of the Criminal Code, there are two
kinds of punishment that can be meted out against the perpetrators in the form of
imprisonment of five years or imprisonment for a maximum of one year.
Unintentional (negligent) is a specific action against a person which resulted in
death of a person. The shape of this neglect can be either passive or active actions.
Examples of passive act doorstop for example guard asleep on the train because
there is a train passing the time he did not close the doorstop resulting

tertabraknya passing car. Form of negligence in the form of guard doorstop a

passive act of not doing anything. While examples of active action such as a
person who was cutting trees turned out to happen to other people so that the
death of that person because of falling trees. Lumberjack shape negligence of the
active form of the act.