On Homicide…..(an essay)



  • Albeit there are variations based of jurisdiction, in most U.S. jurisdictions there is a hierarchy of acts, collectively known as homicide, of which first degree murder and felony murder are the most solemn, followed by second degree murder, followed by voluntary manslaughter and involuntary manslaughter which are less solemn, and ending determinately in justifiable homicide, which is not a malefaction at all. However, because there are at least 52 germane jurisdictions, each with its own penal code, this is a considerable simplification. An example of this is the few states in the U.S. Further distinguish third-degree murder; however they differ significantly in which kinds of murders they relegate as second-degree versus third-degree. Minnesota Penal law defines third-degree murder as depraved-heart murder, whereas Florida defines third-degree murder as felony murder (except when the underlying felony is categorically listed in the definition of first-degree murder).

    First degree is the most serious form of murder of a human being, or a fetus, with malice aforethought or premeditation,” but stipulated that abortion is not murder when preformed by a physician when the mother’s life is in peril. Malice require by the code is a prerequisite either implicitly or explicitly. When a deliberate intention is manifested to take a life illicitly, the malice is expressed. Intent possibly could be implied without provocation appears or under other circumstances indicting malice. The California Supreme Court stated that “When a defendant with wanton disregard for human life, does an act that involves a high degree of probability that it will result in death, he acts with malice aforethought.” Moreover the court has opined that “willful, deliberate, and premeditated,” as utilized in the statue indicates to necessitate as an essential element of first degree murder substantially reflects “than the mere amount of thought to form intention to kill” A couple of jurisdictions, murder submitted by acts, for example, strangulation, harming, or lying in hold up are furthermore regarded as first-degree murder. According to the Supreme Court of Pennsylvania, malice aforethought is “not only a particular ill will, but every case where there is wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and mind regardless of social duty” Many jurisdiction defines first-degree based on premeditation. Florida, for example classifies first degree murder as an homicide perpetrated from premeditated design. An example of first degree murder would be the case where ultra-sadistic serial killer and rapist Joseph James DeAngelo(who was 72-year-old when he was caught) with eight counts of first-degree murder, based upon DNA evidence.

    Second degree murder on the other hand is a murder “perpetrated by any act by any act imminently dangerous to another and evincing a deprived mind and heart regardless of human life” Although it is without of any premeditations the effect to the fatality of the victim unlike first degree murder. It is also does not concur with other crimes (see felony murder) or in the statutory definition of manslaughter. The South Dakota Supreme Court has held “although without premeditated design” distinguishes premeditated murder. Shooting firearms into a crowd or into an occupied house or vehicles are classic examples a crime of deprived mind and heart. But conduct such as parent spanking and shacking of a young child so hard to cause death, such conduct second degree murder, a driver running over a police officer at a roadblock, and many more as deprived mind and heart. The prime example besides the Whipple Dog story described in the book. B
    Now the difference between voluntary and involuntary manslaughter deals simly with intention . Voluntary manslaughter is when the offender has no prior intent to kill and acted in the sur of the moment usually a quarrel, thus causing a person to lose rationality. It is a crime of passion if you will. Examples could include an advocator killing a domicile invader without being placed in a life or death situation. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was elicitation; however, others have been integrated in a multitude of jurisdictions. Involuntary manslaughter on the other hand is homicide without any intent and can either be expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is mundanely divided into two categories, constructive manslaughter and criminally negligent manslaughter, both of which involve criminal liability. Is it legitimate for a jury to find a defendant guilty of manslaughter in a case where there is evidence of premeditation, simply because members of the jury feel that the defendant was somewhat justified in taking the life of the victim?
    To answer this query, there must be evidence of premeditation; the jury is to decide whether the homicide was committed and the magnitude of the circumstances surrounding the crime. Provocation could make a person cause a reasonable person to become emotionally or mentally disturbed thus causing one to take the life of another human being. But words no matter how insulting or gross is not sufficient ton constitute provocation thus murder cannot be reduced manslaughter unless there sufficient provocation to excite in the defendant’s mind to cause such fury that reason is completely disabled. Adultery is the classic provocation for manslaughter.
    “If one spouse discovers another in an unexpected act of adultery, a killing of a spouse or paramour in a hot blood fury may lower the blameworthiness from murder to manslaughter level. The blood however must indeed be hot and, generally speaking, only hot-blooded killer can attest that By an objective standard, moreover, the time frame must be close enough so that an average and reasonable man would not have had an adequate "cooling period" for the first fury to abate.” Maryland Special Court of Special Appeals observed. Indiana’s Supreme Court also observed that; “[A]ll that is required to reduce a homicide from murder to voluntary manslaughter is sufficient provocation to excite in the mind of the defendant such emotions as either anger, rage, sudden resentment, or terror as may be sufficient to obscure the reason of an ordinary man, and to prevent deliberation and premeditation, to exclude malice, and to render the defendant incapable of cool reflection." Simple battery is the most common and basic form of battery (the unlawful use of force) that results in criminal charges against the defendant. “Simple battery is usually set in contrast to “aggravated battery”. Aggravated battery has the same elements of proof listed here, but also involves either: the use of a deadly weapon; serious bodily injury to the victim; or injury to a child, woman, police officer, and (in some cases) elderly victims. Also, criminal battery is distinguished from civil battery, in that criminal battery usually requires that the defended also intended to cause the bodily harm to the victim.” What about instances where mere threat of harm is present but no physical harm was done? Thus the purpose of Assault statues. Like battery assaults is divided into two categories, Simple and Aggregative. Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A individual has committed an aggravated assault when that individual attempts to; have sexual relations with a person who is under the age of consent cause bodily harm, cause serious bodily injury to another person with a deadly weapon, or by irresponsibly operating a motor vehicle during road rage which is referred to as either vehicular assault or aggravated assault with a motor vehicle. Simple assault can be distinguished without the intent of injury upon another person. The infringement of one's personal space or physically contacting in a way the victim deemed inopportune can be simple assault. In prevalence law states an assault is not committed by merely, for example, reviling another; without threat of battery, there can be no assault.

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