Justice is defined as protecting natural and legal rights and punishing wrong using fairness (Hill, G. & Hill, K., n.d.). Our learning materials define justice as the “principal of moral rightness, or conformity of the truth ” (Schmalleger, F., 2013). I agree with the formal definition, but would likely add punishing wrong using fairness that is variable based on the mitigating or aggravating circumstances. In the case of Dale and Mike, justice was served in the sense that it is unlawful to harm or murder another.
In Illinois, voluntary manslaughter was redefined on July 1, 1987 to 2nd-degree murder, though it is still regarded as manslaughter (Haddad, J., 1988). In the case of Dale, he would likely be charged with second-degree murder, which carries a sentence from four to twenty years in prison. The elements are the same as determining first-degree murder, except the defendant would need to prove that mitigating circumstances that led to the death of Mike. It is evident the first element of murder can be proven, which is Dale did commit an unlawful killing of a human ...
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...ther human being, whether unintentionally or intentionally with or without malice or malice aforethought, is still a grievous crime. But our system of justice wants to ensure that the punishment fits the crime. Therefore, in the case of a death of a human being, elements or components must be met to determine whether there is malice, malice aforethought, or absence of malice. In addition, it examines the mitigating or aggravating circumstances that resulted in the death of another human being. I feel in the case of Dale and Mike that Dale’s intense emotions caused him to act in an irrational behavior. He loved his brother, there was no malice, nor was Dale a depraved individual. Therefore, I feel the charges of premeditated, 1st-degree manslaughter (2nd-degree murder in IL) was fair and appropriate, but did feel he could serve his time a minimum-security prison.
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