Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention). The actus reus and causation are the first elements that need to be satisfied. The defendant, Harry in this case must be proved to have caused the victim’s death.
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 being, but he did it without malice. Malice usually involves a sense of hatred or spite, which is not the case here as Dale loved his twin brother and was best friends. In the situation of malice aforethought, which is more extreme than malice, requires four states of mind that are intention to kill, intent to inflict grievous bodily harm short of death, reckless indifference of human life, and intent to commit a dangerous felony (National Paralegal College, 2016).
For instance, if Johnston deliberately plans to kill a rival gang member and commits the act, he is guilty of first-degree murders; seeing as his actions were deliberate and planned. Another example of a case involving first-degree murder charges was the case against OJ Simpson, in which he was charged with first-degree murder regarding the death of his wife. It was believed that OJ Simpson killed his wife after a heated dispute, but a lack of sufficient evidence (gloves) resulted in his acquittal.
Firstly, the Actus Reus of Murder depends on conduct, consequence and causation. Generally, conduct is a physical act done by the defendant, and in this case the offence is also capable of commission by omission . In Miller the defendant was guilty for not informing the authorities. In Stone and Dobinson , the defendants were charged for breach of duty to act. Subsequently from Maisie’s stabbing, Jane died 15 minutes later due to the loss of blood and therefore the crime was a result one and there has been a “guilty act”.
O.J. and his wife had divorced to years prior to the murder, so in retrospect, O.J. automatically looks guilty. O.J.’s wife was found stabbed multiple times in the head and neck. There were also wounds on her hands, showing that she tried to defend herself from the assailant.
In “The Cask of Amontillado” first Montresor models the characteristic of a sane murderer by portraying a motive. The definition of motive is “the goal or object of a person’s actions” (“motive”). Motive in a murder is the objective of finding a reason to kill someone; Montresor has a motive. In the first sentence Montresor says “...but when he ventured upon insult, I vowed revenge” (Poe 426). This is the first indication that he had motive to kill.
This sets a standard on how much the courts can take of one person who has been convicted of violent crimes and petty crimes. There are many murders that could have been prevented if this law was enforced before the law was enforced. What brought the idea of this law? A man named Mike Reynolds had a daughter that was going to turn 19 years old. She ended up being murdered on June 29, 1992, in Tower District here in Fresno by a criminal that should have been locked up; he was a repeat felon (Jones).
Then there are of course the people that commit them and what drives them. I will in my paper discuss the different degrees of murder charges and then also classify some famous murderers in history, their charges, and penalty’s. First Degree Murder First off is the first-degree murder charge. Although in some states the penalty is different the term is the same. Pretty much a first degree murder can be classified when someone kills another person and the murder was willing and pre meditated meaning: planned out ahead of time.
He was fifteen years old when he was charged for first degree murder for killing his mother and stepfather, after years of mental, physical and sexual abuse. At the time of the trial, Jacob’s brother explained that the reason why he killed them was in order to end the abuse that had been going on for years. Prosecutors said that he was exaggerating the abuse to give Jacob an excuse to kill. The jury felt sympathy for them, but said that her “hands were tied” at the moment of determining his sentence because there are not any exceptions in the sentencing law for first-degree murder, regardless of age or circumstances surrounding the murder. Jacob was sentenced to life without parole.
Capital punishment (so called death penalty), according to Longman Dictionary, is the legal punishment which involves killing someone who has committed a crime (ldoceonline.com). Authorities are able to kill a criminal who violated against the law, mostly murder. A controversy question comes up from people’s minds: should we allow death penalty? Lots of people know that the only difference between a murder and an execution is law. Murder is a crime in the whole United States, but an execution is just a lawful way to punish murderers.