...Ch. 3 Homicide Manslaughter= killings which lack malice aforethought; or where malice is mitigated -In some cases, a killing is manslaughter because there is simply no intention on the part of the killer to cause the death of another but death results from a reckless act. -In other cases, killing is intentional but is mitigated, or reduced, from murder to manslaughter because of the surrounding circumstances. Malice Aforethought= the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. Voluntary Manslaughter Voluntary Manslaughter= killings that are the natural and probable result of the defendant’s recklessness, or conscious disregard for human life or safety. *An unlawful killing caused by a willful act done with full knowledge and awareness that the person is endangering the life of another, and done in conscious disregards of that risk is voluntary manslaughter or murder. -California Penal Code 192(a) defines voluntary manslaughter as the “unlawful killing of a human being without malice.” * Heat of Passion Killings: killing in response to legally adequate provocation (malice is mitigated) * Imperfect Self-Defense : killing with an honest but unreasonable belief in the right to use deadly force (malice is mitigated) Elements of Voluntary Manslaughter: * Actus reus- the intentional killing of another * Mans rea- the killer acted either: ...
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...act presents or does not. Some say abortion is a mother’s right that cannot be taken away while others say that is a cruel selfish act to kill an unborn child or lack their of. Is abortion moral and should it remain legal? Aside from maybe a few homicidal maniacs it is safe to say that killing another human being is immoral and frowned upon. What makes it moral to kill an unborn child then? Is it human? One of the biggest struggles that pro-life participants have is what an unborn child is classified as. The definition of a human being according to (Google Dictionary) is as followed. A human being, esp. a person as distinguished from an animal or (in science fiction) an alien, a homosapien. A child whose mother is a homosapien is a human. There is no way around it. Some say that an unborn baby is a human but is not a person. This is quite confusing seeing as how the definition of a “person” is a human being regarded as an individual. Most pro-life individuals say that an unborn child is not human. How can a baby or even a fetus not be a human if it is being born from a human, it is clearly not an alien, I hope. And how can it not be a person if it is human. Just because it depends on the life of its’ mother? Children from the time they are born till the time they decide they are ready to leave depend of their parents or guardians in some way or another. A born child who depends on their parent is no different from an unborn child who depends on their mother. It is simply two...
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...Marquis observes that there is a stalemate in the arguments that both anti-abortionists and pro-choicers put forward about abortion: 1. The anti-abortionist argument 1) It is always prima facie wrong to take a human life. 2) A fetus is a human life from the moment of conception. 3) Abortion involves taking a human life, and is therefore prima facie wrong. A Problem with this argument: i) A cancer cell culture is also a human life (it is both living and human), but we don’t think it wrong to destroy cancer cell cultures. The anti-abortionist can try to overcome this problem by changing her argument to: 1) It is always prima facie wrong to kill human beings. 2) A fetus is a human being from the moment of conception. 3) Abortion involves killing human beings, and is therefore prima facie wrong. 2 problems with this argument: i) Are fetuses really human beings? ii) What is so special about human beings that makes it wrong to kill them? Why is killing human beings wrong, while killing rats or chickens is not? 2. The pro-choice argument 1) It is prima facie wrong to kill only persons.. 2) A fetus is not a person. 3) Therefore, abortion does not involve killing persons, and is not prima facie wrong. Problems with this argument: i) Newborn babies and very young children are also not persons. Does this mean it is okay to kill them? ii) What is so special about persons that...
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...possibly in rare cases, seriously immoral”, what he meant was that not all abortions are wrong. He did not discuss about the exception of “… abortion before implantation, abortion when the life of a woman is threatened by a pregnancy or abortion by rape” Regard of that, Marquis has claimed, “… It is in the same moral category as killing an innocent adult human being.” He inquires the reason of killing a human being is wrong. Marquis explains the killing is not just cause of pain and perceive of loss to the victim’s family, moreover it includes the basis loss to the victims themselves as “the loss of one’s life deprives one of all the experiences, activities, projects, and enjoyments that would otherwise have constituted one’s future”. With the respect of Marquis’s theory, it is the loss of a valuable future like ours that respond to the question of why killing a human being is morally wrong. Moreover, Marquis also stated in his article “…the future of a standard fetus includes a set of experiences, projects, activities, and such which are identical with the futures of adult human being and are identical with futures of young children…” The fetus can be seen as a potential human being. The fetus only lacks of the nerves system to be considered as a fully term of human but “…why is it wrong to kill human beings after the time of birth is a reason that also applies...
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...INTRODUCTION What if killing is legal? Would you remain in your house, or start to hide and run for your very precious life? According to Rawls Principle of Justice, many different kinds of things are said to be just and unjust: not only laws, institutions, and social systems, but also particular actions of many kinds, including decisions, judgments, and imputations. Do you think first before you act? Are you sure that your action does not violate the rights of others? Well, as a person, there are lots of things need to be consider as an unjust action. One example that is said to be unjust in our society is killing. When we say KILLING, it is the act of depriving someone or something's life. When you kill, you’re taking away their rights, not only right to live, but even small things such as right to smile, right to be free and right to love. You are not allowing them to continue their journey and mission as a human. In short you’re ending everything on them. Killing involves decisions and judgments. Judgment if you really going to kill him/her and decisions in deciding how will you kill or what is your way of killing. In every society in our world, it has been set in our minds that killing is prohibited. Once you killed someone or anyone, law will put you to imprisonment for you to pay the sin you've done and the consequences of it. But let me point these things out, even though all of the human race know that killing is forbidden, still there are instances of killing all around the...
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...p. 8 Religion and the Sanctity of Life The Sanctity of Life p. 12 A critique of the Sanctity of Life: Jonathan Glover p. 14 Christian perspectives: Methodists and Catholics p. 16 ‘Ensoulment’, soul, and the sacredness of life p. 18 Religious views in conflict: liberalism and conservatism p. 19 Philosophical Problems in Abortion An argument against abortion p. 20 Personhood p. 21 A ‘person’ as rational and self-conscious: Peter Singer p. 24 Moral rights: the foetus and the mother p. 26 A woman’s right to an abortion: Judith Jarvis Thomson p. 28 ‘Why abortion is immoral’: Don Marquis p. 29 Anthology of Texts Unit 2 model answers: ethics (Edexcel) ‘Why abortion challenges us all’: Rowan Williams ‘Contraception and abortion within Protestant Christianity’: Gloria Albrecht ‘Virtue theory and abortion’: Rosalind Hursthouse Appendix: sample exam questions and level descriptors Notes Pages A Modern Controversy: the Case of George Tiller Profile: George Tiller (2009) To some anti-abortionists George Tiller, who was shot dead on Sunday, was a mass murderer known as "Tiller the Killer". To his patients and many pro-choice supporters, he was a hero committed to women in need of help. For two decades, Dr Tiller spent his life looking over his shoulder. He had become a lightning rod for anti-abortion activists and in 1993 survived an attempt on his life. He rarely talked about his work for...
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...since the fetus is a human with a life. On the other hand, others feel that parents have a right to choose whether to see a pregnancy to full term or to terminate it before it's due. This argument is usually centered on the notion that removing a fetus or an embryo from the uterus cannot be compared to murder as this is not yet a baby. The major controversy about abortion lies in the definition of what stage of development the fetus is in and at which point...
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...Assisted killing is a divisive issue in contemporary society for a number of reasons including political, economic, and religious factors. The concept of someone welcoming death is contradictory to basic human nature and it can be hard to initially come to terms with. The Right-to-Die movement cites the daunting possibility of a life filled with pain due to ailments and sickness and promotes assisted killing as a favorable alternative when quality of life is below a certain standard. Supporters of this cause also reference the staggering costs of the continued medical assistance needed simply to keep a person alive. Individuals who choose to live while battling terminal or long-term illness will often pay higher premiums for insurance and their...
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...murdering a human embryo. If abortion is legal then why isn’t murder? It is both the same in a way. Abortion is a safe procedure but can also be fatal and dangerous if not done professionally. Murder is illegal so I think abortion should be too. It’s taking innocent lives away and it’s cruel. Many people also think the human embryo isn’t a human because it hasn’t been born yet. Many people think abortion is okay and do not think it’s hurting anyone or killing a human being, but there is good supporting information stating that abortion is wrong and why. Abortion is the killing of an unborn human being. The United States government considers unborn...
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...Are Individual Rights More Important Than Human Life? By Talha Sajjad English 161: Academic II Dr. William Ford University of Illinois at Chicago May 3rd, 2010 There are protests and demonstrations held every day, yet somehow abortion is still legal in the United States. In the decision of the Supreme Court case Roe v. Wade, it was ruled that women have the right, given to them by the Constitution, to have an abortion in the early stages of pregnancy (Infoplease). Hundreds of protesters gather outside clinics that offer abortions and try to present their position on the issue, but it seems as though their cries and complains are never heard. The main question that we must decide on is this: is it just to take away human life before it even has the chance to be lived? Several countries around the world have outlawed the practice of abortion. When deciding the abortion issue, its women’s rights as citizens of the United States versus the religious beliefs of a majority of citizens. What is more important, the sanctity of life or allowing murder on the basis of one’s right to choose? Given the abortion procedure allows women sexual and reproductive freedom, it has unconsciously led to a trend where abortion is being used as a method of contraception. In the United States, 49% of the pregnancies are unintended and American women used abortion as a tool to terminate almost half of these pregnancies (Infoplease). Abortion was not meant to be used in accidental...
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...means as an action which aims at taking the life of another at the latter's expressed request. It concerns an action of which death is the purpose and the result. "This definition applies only to voluntary euthanasia and excludes the non-voluntary or involuntary euthanasia, the killing of a patient without the patient's knowledge or consent. Some call this "life-terminating treatment." Euthanasia can be either active or passive. Passive euthanasia allows one to die by withholding or withdrawing life supporting means. This is a tricky area because ordinary and extraordinary means of supporting life come into the picture. Ordinary means such as nutrition and hydration are never to be withheld since they are one's basic right in order to survive. However, one is not obliged to use extraordinary or 'disproportionate' means to sustain life. Due to complexity, each situation needs to be looked at individually when discussing extraordinary means. However, as a rule, one can discontinue "medical procedures that are burdensome, dangerous, extraordinary, or disproportionate to the expected outcome." One cannot intend death by withdrawing or withholding treatment, but should, however, obey God and let one die a natural death. To withdraw a treatment as a condition worsens is letting one die and not a direct killing. In this case, it is the disease that is killing and not the one who withdraws the treatment. Active euthanasia or' mercy killing' pertains to the Dr. Kevorkian’s' of the day...
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...HONOUR KILLING: MURDER IN THE NAME OF HONOUR CHAPTER 1 INTRODUCTION Honour killing is a deep rooted brutal and burning human rights issue in India and other countries. Women particularly are the victims of the gross violation. They exist all over the world but no religion stipulates them. Outdated traditions and alleged honour violating behaviour are the motive for these crimes. The victims are almost always female. Young, unmarried women can "dishonour" their families easily. Every year hundreds of women are killed in India in the name of honour and many cases go unreported and almost all of them go unpunished. The criminal justice system is unable to combat it though it is claimed that the criminal justice system is the most legitimate institution to control this practice in the country. Honour is the most precious moral attribute of mankind. It is deeply ingrained in its nature. Defence of honour even at the cost of life has been prevalent in human beings since ages. It is a commonwealth of close blood relatives. Defilement of honour is taken as the most atrocious social crime and its redemption becomes a joint and sacred duty of close-knit people. Debased groups have a soft approach towards transgression of honour. The sentimental chord dormant in them may react at times; its degree may vary from group to group. Tradition-bound rural societies invariably react violently for the redemption of their honour. To them honour is dearer than life. Honour killings...
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...means as an action which aims at taking the life of another at the latter's expressed request. It concerns an action of which death is the purpose and the result. "This definition applies only to voluntary euthanasia and excludes the non-voluntary or involuntary euthanasia, the killing of a patient without the patient's knowledge or consent. Some call this "life-terminating treatment." Euthanasia can be either active or passive. Passive euthanasia allows one to die by withholding or withdrawing life supporting means. This is a tricky area because ordinary and extraordinary means of supporting life come into the picture. Ordinary means such as nutrition and hydration are never to be withheld since they are one's basic right in order to survive. However, one is not obliged to use extraordinary or 'disproportionate' means to sustain life. Due to complexity, each situation needs to be looked at individually when discussing extraordinary means. However, as a rule, one can discontinue "medical procedures that are burdensome, dangerous, extraordinary, or disproportionate to the expected outcome." One cannot intend death by withdrawing or withholding treatment, but should, however, obey God and let one die a natural death. To withdraw a treatment as a condition worsens is letting one die and not a direct killing. In this case, it is the disease that is killing and not the one who withdraws the treatment. Active euthanasia or' mercy killing' pertains to the Dr. Kevorkian’s' of the day...
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...Abortion Fact #1: Every abortion kills an innocent human being. Every new life begins at conception. This is an irrefutable fact of biology. It is true for animals and true for humans. When considered alongside the law of biogenesis – that every species reproduces after its own kind – we can draw only one conclusion in regard to abortion: every single abortion ends the life of an innocent human being. Fact #2: Every human being is a person. Personhood is properly defined by membership in the human species, not by stage of development within that species. A living being's designation to a species is determined not by the stage of development but by the sum total of its biological characteristics. Fact #3: Beginning at conception, every pregnancy involves two or more bodies. No matter how you spin it, women don't have four arms and four legs when they're pregnant. Those extra appendages belong to the tiny human being(s) living inside of them. At no point in pregnancy is the developing embryo or fetus simply a part of the mother's body. Fact #4: It is just, reasonable, and necessary for society to outlaw certain choices. Any civilized society restricts the individual's freedom to choose whenever that choice would harm an innocent person. Therefore, it is impossible to justify abortion by simply arguing that women should be "free to choose." Fact #5: The right to not be killed supersedes the right to not be pregnant....
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...Abortion is an act that kills an unborn human. It is poorly affecting our humanity. Abortion is the method of putting a termination to the life of the fetus by killing it in the womb itself. Considering ethics and beliefs, death is morally wrong. Therefore, the killing of unborn baby is morally wrong as well. Abortions, this immoral practice of killing an unborn baby should be illegal everywhere in world because it is same as the murder of an innocent, gives rise to a psychological pain to a woman, and woman to tolerate several medical complications. What is abortion? Most of us don’t want to think about it. The baby is pulled out of the mother. Abortionist harshly pull out the baby out of mother and then vacuums out the brain of baby. It...
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