The accused is a man who is a cold-blooded murderer and is being charged with 1st degree murder. Ladies and Gentlemen of the jury. The accused is a nefarious man who killed another man who looked a little different in his mind. The accused was hired to be the victim’s Caretaker and was trusted to help him and do right by him. The accused, spent a lot of time with the victim and over time the victim began to trust The accused. Then one day, The accused, came up with a plan to spy on the victim during the night when he slept and did the unthinkable. He killed the victim and began dismembering the body and hiding it under the floorboards of the victim’s bedroom. The accused is a quite peculiar man and tells exactly how he did the crime which …show more content…
Her manufactured excuse and flushing of the toilet indicate planning. The act of shooting Tim four times shows that Joannie has a specific intent to kill and a strong and calculated desire to bring about Tim’s death. Note that timing is not an issue here. Even a few minutes are enough to carry out a premeditated murder if the proper facts are present.” (“Example of a Willful, Deliberate, Premeditated Murder opentextbooks”).Joannie Knew she was going to kill him before she did it just like the accused. The accused has had time and has thought about killing the victim and planning for 8 days (Mr Heart's Testimony). The accused Planned to kill for 8 days. “Planning, plotting or deliberating before doing something. Premeditation is an element in first degree murder and shows intent to commit that crime.” (“premeditated legal-dictionary”). Premeditation is when you plan what you are going to do. The accused plotted and deliberated about killing the victim and his reason for it was because of the victim’s eye. (Mr Heart's Testimony) The accused is very odd and plans to kill the victim. “Most states require premeditation, and many also require deliberation, for a conviction of first degree murder.” (“what is deliberate and premeditated conduct legal encyclopedia”). Premeditated is when someone thinks about this continuously. For a premeditated murder you will also have to be convicted of malice because they both mean you know what you are doing. (Mr Heart's Testimony). For someone to be charged with Premeditation they also have to be charged with
In the words of Jack Kevorkian “In quixotically trying to conquer death doctors all too frequently do no good for their patients’ “ease” but at the same time they do harm instead by prolonging and even magnifying patients’ dis-ease.”. His excellent quote shows one that mercy killing can help a person stop suffering with a prolonged death.In Stienbecks novella Of Mice And Men Lennie falls victim to his impulses and makes himself suffer and George suffer the concequences. George reveals how mercy killing is necessary in some cases because it stops suffering, prevents worse from happening, and may help society continue working.
In California, two friends travel together to attempt to achieve their life long dream of owning their own farm. As they are traveling, they encounter situations that affect their future plans. During the Great Depression, George and Lennie, the main characters, begin searching for work to pay for their dream. As they search for work, George notices that Lennie can’t control his own strength. When they find work, they face many problems on the job especially with the bosses son, Curley. In Of Mice and Men, Steinbeck uses Foreshadowing as a unifying device to reveal future events that may occur later in the story.
To conclude, despite all the possibilities and other theories of Mrs. Maloney committing the crime out of anger or severe frustration towards Mr. Maloney, there is no credible way to prove it. Mrs. Maloney simply killed her husband as a result of mental anguish, self defense and trauma inflicted upon her. Mrs. Maloney did not plan to kill her husband. She was simply a victim of her situation and could not control her actions. Mrs. Maloney should not be spending time in jail, but safe at home grieving the loss of her husband.
Is There Mercy in Murder? Of Mice and Men, by John Steinbeck, is about two men who care for each other very deeply. They have financial struggles and one partner with mental disabilities. They battle their hardships together, but when Lennie, the mentally disabled, makes a mistake and kills someone, it forces George to have to take away Lennie’s life. Critics believe George Milton committed cold-blooded murder when he killed his close companion, Lennie Small.
To convict one of murder, there must be subjective intent for the accused to be considered guilty. Due to the fact that murder is the most hateful crime of the law, all defendants should have the right to be innocent until proven guilty. There must be verifiable evidence to prove the mens rea.
“Whether a killer acted with the deliberation and premeditation required for first degree murder can only be determined on a case by case basis. The need for deliberation and premeditation does not mean that the perpetrator must contemplate at length or plan far ahead of the murder.”
...t I do not think that the evidence presented is enough for a conviction to sentence any man or woman to death.
Your honor, we the jury are here today to give our decision on the punishment in the case before the court titled the state of Texas v. James Broadnax. Your honor, as you and everyone in the court room here today recalls, the defendant was charged of murdering two people in their mid-to-late twenties. For the record purposes sir, let the record show the two victims go by the names of Mr. Stephen Swan and Mr. Matthew Butler. Let the record also further indicate the defendant goes by the name of Mr. James Broadmax.
Code Ann., Crim. sec. 2-201 (a) (1) 2014. Lt. Manion’s actions fall into this description based on the series of events that led up to the murder of Mr. Quill. Lt. Manion willfully admits that he shot Mr. Quill, but defends that he was warranted in doing so because he suffered from an “irresistible impulse.” From Lt. Manion’s testimony, he clearly understands the criminality of his actions, however; he argues that his actions were out of his control because they resulted from him seeing the trauma his wife suffered. In his testimony, he describes to the court how he purposefully went into his trailer to obtain the gun that was used to kill Mr. Quill before traveling to the tavern to confront the victim, which shows premeditation and intent to commit murder. The defense would have a difficult time convincing the jury that Lt. Manion was incapable of controlling his actions since his actions were thought out and deliberate, which was displayed in his testimony when asked by his defense attorney why he brought the gun, he said “I knew I had to go to Quill’s bar and I thought I might need it” (Anatomy of a Murder
A serial killer's murdering spree is methodical and extremely well planned, and the motive usually is to get even (Douglas, p. 137). A serial killer often plans his crimes extremely carefully. He looks for a certain type...
The murder or homicide must be willful, premeditated, and deliberate. Which willful is used as the intent to commit murder, premeditated murder means to plan the killing of another or think about it beforehand and deliberate means to have a cool head and not act out of rage, fear or passion. Second-degree murder is an intentional killing
In the case of R v Maloney (1985), the defendant and the Victim (stepfather of the defendant), were drunk when they decided to have a contest of who can load and fire a gun more quickly. The defendant shot the victim without aiming as the victim taunted the defendant to fire the gun. Lord Bridge held ‘Foresight of consequences as an element bearing on the issue of intention in murder... belongs, not to the substantive law but the law of evidence’ (Molan, 2001: 95), oblique intent here is held ...
Serial killers have captivated the attention of scientists from the first signs of their existence to modern day. Interested by these killers’ inhumane actions, researchers set out to determine the cause of such graphic, horrific crimes. The brain has been brought into question regarding the motivation of these cold blooded killers. After extensive research, abnormalities of both the chemical composition and material makeup have been identified within the brains of numerous serial killers. These differences are more than mere coincidence, they are evidence that killers do not think in the same way. The killers’ drives and motives are irregular, just as their brains are. Not only are these variations interesting, but they are also crucial to the justice system in regards to the punishment of past, future, and present sequential murderers. It is important that as a society we learn the differences in the mind of a killer, and also recognize and understand them. A serial killer’s brain greatly differs in function from the average citizen’s brain due to physical variations in the brain and a different chemical makeup.
In order for a person to be charged with murder, “malice aforethought” must be present. Malice aforethought is defined as the intention to kill or harm. If malice aforethought can be proved in a homicide case, chances are very high that the person will be charged with homicide. In order to convict a person of homicide, there are many factors that must be proven in a court of law.
A crime consists of an actus reus and a mens rea, in order to obtain a conviction of a criminal charge there must be a concurrence between the actus reus and mens rea. The elements of a criminal act (actus reus) are: act, cause, social harm or omission condemned under a criminal statute (Lippman, 2012). The elements of mens rea: purposely, knowingly, recklessly, and negligently (Lippman, 2012). Attempted murder is the failed attempt to kill another human being deliberately, intentionally or recklessly (USLegal, 2014). “Georgia Code Title 16, Section 16-4-1: A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime. Section 16-4-2: A person may be convicted of the offense of criminal attempt if the crime attempted was actually committed in pursuance of the attempt but may not be convicted of both the criminal attempt and the completed crime….” (Young, 2014, para. 1-2).