...Criminal Law Essay on Homicide According to the latest official statistics, there are more than 500 000 cases of homicide every year. More than 30% of all cases occur in Africa. Americas are on the second place. Asia is known for 5% of all the cases of homicide that are reported in the world annually. What is homicide? Why does this problem exist? How can it be solved? Criminal homicide is the action of killing a person by another person. The killer could have killed the victim intentionally and unintentionally. Despite the actual intention, both variants are treated like homicide and are punished strictly. When you try to analyze the problem of homicide, you will learn that there are many types of this crime. I will try to analyze them below. Homicides are divided into murder, manslaughter, killing at war, artificial death or euthanasia and execution. All these cases belong to different sorts of crime. Murder is the easiest and the most understandable kind of homicides. A murderer is the criminal who kills intentionally. Who wants to kill the definite person or group of people and does his best to reach this goal. He has a specific plan of his actions and possesses specific tools for it. Of course, there are spontaneous murders but the source of this action is the same. A person has decided to murder another person. Murder is a serious crime and it is punished strictly. If we speak about the USA, murderers receive life imprisonment or life penalty. The first punishment is the...
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...Liability for Alice's Death I am asked to advise in relation to the death of Alice, as it appears that Noah may have contributed significantly to this death. According to the facts, the death of Alice appears to have been caused by the events preceding Noah leaving the vessel in the life raft. The question is whether this act would amount to involuntary manslaughter, given that there would be insufficient grounds for a charge for murder given the lack of intent. The modern test for involuntary manslaughter is requires the proving of four key substantive elements, which can be described as follows: • Whether Noah owed a duty of care to Alice in these circumstances; • Whether Noah breached that duty of care; • Whether that breach caused Alice's death; and • Whether the breach was sufficiently serious to constitute gross negligence. Given the fact that Noah was the pilot of the vessel at the time of the incident, and Alice was a retail assistant, there is some doubt over whether Noah in fact owed Alice a duty of care at the time. However, applying the reasonable man test that is prevalent in a tort of negligence, one could argue that a reasonable person would have owed Alice a duty of care in ensuring that she was able to board the life raft safely. Additionally, as captain of the vessel, one would argue that Noah was responsible for ensuring that all persons were able to board life rafts. Therefore, it would be reasonable to conclude that Noah owed...
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...1 Criminal Homicide v. Non-Criminal Homicide Criminal V. Non-Criminal Angela Lesher Davenport University Legal 211 Dr. Willing June 20, 2015 2 Criminal Homicide v. Non-Criminal A homicide, whether it is accidental or intentional, can tear a family apart. The results of such a tragedy not only affect the family, but trickle down to friends, co-workers and even a whole community. A homicide is defined as “the killing of a human being by another human being.”(Schmalleger & Hall, 2014, p. 210) Under early common law, established by English courts, homicide was either felonious or non-felonious. Justifiable homicide and excusable homicide were considered non-felonious and felonious homicide was distinguished as murder. U.S. courts adopted English common law, and as time went on, modified felonious or criminal homicide into various categories. Today there are three types of homicide. They are justifiable, excusable, and criminal. Justifiable homicide and excusable homicide are considered noncriminal homicides. Criminal homicide can be further broken down into three categories, murder, manslaughter, and negligent homicide. According to the Bureau of Statistics, the homicide rate in the United States has declined since 2000 and has fallen to levels last seen back in the 1960’s. (bjs.gov) Males represent the highest percentage of victims, and the percentage of men who were the victims of a homicide is three times higher than that of a female victim. Men...
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...David Tiley 2007 The police inquiry into rapist killer A police force has begun an inquiry into its handling of a convicted rapist who murdered his disabled fiancée and her carer while under its supervision. Hampshire police and other agencies are conducting a review of their monitoring of David Tiley, who was sentenced to spend the rest of his life in jail yesterday for the "brutal and evil" killings in March this year. Tiley, 47, who had previously served a prison sentence for rape offences, stabbed his girlfriend and mother-of-five Susan Hale, 49. She suffered from cerebellar ataxia, a degenerative brain disorder, which caused her difficulties in walking and speaking. The carer was bound, raped and stabbed when she visited Miss Hale’s ground floor flat in Southampton for an appointment to bathe her. Tiley was convicted at Winchester Crown Court in 1995 of two counts of rape, and a further serious sexual offence, against a woman and was jailed for six years Subject to three exceptions (see Voluntary Manslaughter below) the crime of murder is committed, where a person: * of sound mind and discretion (i.e. sane); * unlawfully kills (i.e. not self-defence or other justified killing); * any reasonable creature (human being); * in being (born alive and breathing through its own lungs - Rance v Mid-Downs Health Authority (1991) 1 All ER 801 and AG Ref No 3 of 1994 (1997) 3 All ER 936; * under the Queen's Peace; * with intent to kill or cause grievous...
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...Homicide Tuba Akhtar Kinlock Due: April 8, 2013 A. Is there a relationship between socioeconomic status (poverty) and homicide? The null hypothesis is that there is no significant relationship between poverty and homicide. The alternative hypothesis is that there is significant relationship between poverty and homicide. From prior research conducted, evidence usually showed that there are significant correlation between poverty and homicide. The theory is that due to the standard of poverty people are more likely to become victims, or even offenders within in the surrounding environment. The null hypothesis will be rejected because previous research exemplifies that socioeconomic status and homicide have a strong connection. B. The research design is correlational because the purpose of the design is to determine if there is a relationship between two variables, which are measured at the rate or ratio level. C. The independent variable poverty was measured in each of the 50 states and listed by percentages for “below poverty” in the year 2010. The dependent variable homicide was also measured in each of the 50 states for murder and nonnegligent manslaughter for the year 2010. Both variables were listed as rate per 100,000 habitats. D. A Pearson product moment correlation will be conducted to analyze the results. This procedure will determine whether there is a relationship between the two variables that are measured at a rate or ratio level. E. Thorough research...
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...November 6, 2011 Mr. Stolker Personal crimes cover a wide range of crimes in the criminal justice system. Personal crimes are crimes that affect a person on a personal level. I will go through crimes such as homicide, assault, battery, mayhem, rape and statutory rape. I will show the link on how these crimes can affect a person on a personal level. Homicide is the unlawful killing of one human being by another human being. There are three different crimes of homicides defined in the text. The first being Justifiable homicides that are permitted by law. The second is Excusable homicides, this type of homicide involves fault of a person killing another, but not enough fault the person is charged with criminal homicide. An example of this type of homicide is if a person driving a car is involved in an accident because of road conditions being icy. The person who lost control of the vehicle because of road conditions killed another person in the car they had hit. They caused an accident, but had no intentions of causing the accident or killing another person. The third is Criminal homicide, with criminal homicide the person who committed the act did so intentionally. Criminal homicide is when justifiable homicide and excusable homicide can be ruled out. Criminal homicide is a personal attack on another human being. (Schmalleger, 2010 Chapter 7 page 192) Assault is a personal attack on another person by either a physical act or verbal attack. Assault is an attempt or a threatened...
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...also legal in the state of Oregon, Washington and Montana. Passive euthanasia is carried out by terminating a medication that is keeping a patient alive or not performing a life-saving procedure. Active euthanasia involves the administration of a lethal drug or otherwise actively ending the life. These two types of procedures carry different moral and social issues. Euthanasia Controversy My opinion or point of view about euthanasia,There is a lot of controversy surrounding the issue and whether or not it should be legal. From a legal standpoint, the Encyclopedia of American Law categorizes mercy killing as a class of criminal homicide. Judicially, not all homicide is illegal. Killing is seen as excusable when used as a criminal punishment, but inexcusable when carried out for any other reason. In most nations, euthanasia is considered criminal homicide: however, in the jurisdictions mentioned above, it is placed on the other side of the table with criminal punishment. Arguments regarding the...
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...Teen Violence In 2002, more than 877,700 young people ages 10 to 24 were injured from violent acts. Approximately 1 in 13 required hospitalization (CDC 2004). Teen Violence causes, incidence, and risk factors. Homicide is the second leading cause of death among young people ages 10 to 24 overall. In this age group, it is the leading cause of death for African-Americans, the second leading cause of death for Hispanics, and the third leading cause of death for American Indians, Alaskan Natives, and Asian Pacific Islanders (Anderson and Smith 2003). In 2001, 5,486 young people ages 10 to 24 were murdered, an average of 15 each day (CDC 2004). In 2001, 79% of homicide victims ages 10 to 24 were killed with firearms (CDC 2004). In a nationwide survey, 17% of students reported carrying a weapon (e.g., gun, knife, or club) on one or more days in the 30 days preceding the survey (Grunbaum et al. 2004). Among students nationwide, 33% reported being in a physical fight one or more times in the 12 months preceding the survey (Grunbaum et al. 2004). Nationwide, 9% of students reported being hit, slapped, or physically hurt on purpose by their boyfriend or girlfriend in the 12 months prior to being surveyed (Grunbaum et al. 2004). In 2001, 79% of homicide victims ages 10 to 24 were killed with firearms (CDC 2004). In a nationwide survey, 17% of students reported carrying a weapon (e.g., gun, knife, or club) on one or more days in the 30 days preceding the survey (Grunbaum...
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...daughter and “free her from misery”. Latimer was charged of first-degree murder and a year later convicted of second-degree murder. This case arose many legal questions including: * Should courts abide by the book or the situation of the accused? * Would a decision favorable to Latimer legalize euthanasia? * Would it put the disabled in danger? The decision of this trial would determine the fate of the disabled. Any leniency towards Latimer would suggest the disabled are regarded as second-class citizens. Other laws such as abortion were referred to the deliberation of this case. The case soon became complex as the idea of ‘compassionate homicide’ vs. ‘cold-blooded murder’ proceeded. After that idea, Latimer was later given a constitutional exception in 2008 due the case being labeled as ‘compassionate homicide’ and the fact that the accused poses no threat in society. Plus, Latimer had killed his daughter for altruistic reasons. Before Latimer’s constitutional exception, it was taken in consideration that Tracy was a relatively a merry child and her rights had been violated by her father. Although, Tracy’s life was very limited it still had quality and value. In the end, Latimer was ultimately released on 2008 with his constitutional exception. Latimer’s leniency did not degrade the disabled since related cases such as battered women who killed their batterer often received leniency from the courts. Laws affecting the outcome of this case may change future...
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...The two suspects fled out of the store and was seen getting into a van on the passenger side in the alley behind the store. Since the two that came out of the store got into the passenger side of the van that would indicate that there are at least three suspects involved in the crime. Detective Tim Entenok and Detective Kathleen Carlin of the Cleveland Police Department are called in to investigate the homicide. Delialah Turner worked at the store and lived above the store. During the investigation the detectives find that there has been other robberies around that convenience store which resulted in another murder during one of the other robberies. There was a surveillance camera in the store where the detectives were able to get still pictures of the suspects and gave it the news stations to put out on the air. The move paid off because the detectives received an anonymous tip of who one of the suspects was. The first suspect was identified as 25 year old Steven Mongo. After 6 week of searching for him, police officers were finally able to track him down and bring into homicide so Det. Entenok and Det. Carlin could interrogate him. Det. Carlin starts off the interrogation by telling the suspect that his name has come up in their investigation. The suspect (Steven Mongo) points at himself and says not me. Det. Carlin tells Steven that he might not be aware but the Ya Ya Market has video surveillance. And then they show him the video. When Det. Entenok shows Steven the video...
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...SHOULD EUTHANASIA BE LEGALIZED IN INDIA? Table of Contents I. Abstract 2 II. Introduction 2 III. The Legal and Social Position in India 5 III.1 Religious Views on the issue of euthanasia 7 IV. Legal and Social Position in Canada 8 V. Comparative Analysis 13 VI. Stance of the medical practitioners as per the medical ethics 15 VII. Conclusion 15 Abstract It is often said that every person has a right to life and that too a right to live with dignity. There have been a number of scholars who have argued that the right to life which has been granted to a person would be useless if certain rights ancillary to the right are not being provided to the individual. A few of these rights include the right to food, right to clean and hygienic environment, right to personal liberty, right to make a choice and right to live a dignified life. But on analysing the right with a liberal view and expanding the scope of the ‘right to life’ a little the question that arises is whether the ‘right to life’ include a ‘right to die’? As per a layman’s understanding, the question that whether you want to live or die is a personal decision. The Constitution or any other Law should not dictate that whether we should exercise that right of ours or not. This is because of the prime reason that because the Government, who is making the Law, does not know the problems with an individual’s life therefore it cannot be competent enough to make a decision. However...
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...Brittany S. Kelley Ms. Leshia Stolt English 105 Research Paper RD 28 April 2009 Death for Dishonour: Lie, Steal, Cheat. Ranjit was 16 when she discovered that her parents were planning to take her to India to marry a much older man. Terrified, she confided in her teacher who contacted a group that helps victims of forced marriages. Taking her courage in both hands, Ranjit (not her real name) went into hiding. Her Sikh family tracked her down and kidnapped her, forcing her to call the police when they got her home to say that it was all a mistake. (Langdon-Down) In the story above, the group against forced marriages informed the police that something might happen to Ranjit. The police then went to her house and saved her from being a victim of a possible honour killing. Although, Ranjit was saved from an honour killing, there are other women and girls that are being killed in the name of “honour”. This is a very important issue that should be addressed now because if we do not, ‘honour killings’ will be considered acceptable as the years go by. Although honour killings are considered a traditional or cultural practice, it is a crime and the perpetrator(s) should be punished. “An honour crime can be defined as any act of violence and abuse, actual or threatened, perpetrated against individuals, mainly women, by male members of the family and community in defense of their honour” (Welchman and Hossain 210). Families and communities commit honour killings...
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...the person requesting assisted suicide feels the grief of suicide more. As required by the laws of many states, family members are required to give consent to such request. Losing a love one through natural death is painful, losing a love one through assisted suicide compounds that pain as family members are left with the emotional turmoil from the trauma. The American Medical Association policy states, “The intentional termination of the life of one human being by another -mercy killing - is contrary to that for which the medical profession stands and is contrary to the policy of the American Medical Association.” Furthermore, the association acknowledges that a person who kills another person under these circumstances is guilty of homicide. A...
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...Attention Getter: Picture your dog having been in a horrible accident. The only options are to let it suffer or to put it down. Most would choose to take the dog out of its suffering. Now, imagine this happening to a family member. What if the family member was asking for their suffering to end? Introduction: Assisted suicide is an intentional termination of life by another at the explicit request of the person who wishes to die. There are current debates on the legality of assisted suicide. Issue Statement: We believe assisted suicide should be legal. Premise 1: Performing assisted suicide on a person is no different than putting a pet down. The American Veterinary Medical Association Guidelines for the Euthanasia of Animals 2013 Edition defines euthanasia as, “Ending the life of one individual animal in a way that minimizes or eliminates pain and distress.” This definition resembles the definition of euthanasia performed on humans. Therefore the same ethics and morals can be applied. We should be compassionate towards humans as we are to pets as far as assisted suicide. Behavioral science professor Barton Ross discusses in his book Pet Loss and Human Emotion: A Guide to Recovery, “A man who was suffering from lung cancer had a dog with the same disease. He was well educated on the options available to him in fighting the disease progressed and chose a similar course of treatment for his dog. As the disease progressed in the dog, the veterinarian recommended euthanasia...
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...It was believed that if suicide was not illegal, then why is physician assisted suicide, or euthanasia, not legalized (Yount 56). In Kevorkian‘s eyes, there was no need to suffer any longer from a condition that was terminal. If an individual was fully ready to end their life, they should be granted the materials to do so (“Jack Kevorkian”, Encyclopedia of World Biography 1). Kevorkian often dodged the law when he was at fault of breaking it. Although arrested on several occasions for murder, in addition to homicide, Kevorkian was never rightfully imprisoned. An estimated 130 terminally ill patients were pursued by Kevorkian’s machine. Upon Kevorkian’s actions, multiple laws were set in place for betting the acts of physician assisted suicide and euthanasia. More interestingly, the physician went on to broadcast and assisted suicide on live television. The worldwide show, 60 Minutes, was broadcasted as Kevorkian assisted in his final suicide (“Jack Kevorkian”, Britannica School 1) . Kevorkian landed a serious sentence, nevertheless, he found his way around the law, serving short time. Kevorkian promised to never assist in the future, but continued to be a part of the right-to-die movement (“Jack Kevorkian”, Encyclopedia of World Biography...
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