The Criminal Code defines violent crimes as “offences against a person… that are violent in nature and cause harm to the human body.” In specific, the case below deals with murder. In order to further clarify the charges against Mr.Milard, it is essential to understand the two different elements of homicide and murder. Firstly, homicide is classified as the deliberate or accidental killing of an individual by another individual. Seeing as, the primary intentions of Mr.Milard were to inflict harm upon Mr.Bosma, this was a deliberate act; otherwise classified as a culpable homicide. Secondly, murder is considered as intentional homicide; meaning the act was intentional.
1. == MURDER ====== In order for the accused to be convicted of murder of his wife and 3-year-old child, the prosecution will need to prove: (a)That the accused did an act which caused the death of the two victims; and (b)The accused did so with: i. an intention to cause their deaths, or ii. with a reckless indifference to the probability of death. (Section 12) In regards to the first element, the prosecution must show the accused caused the victim’s death. This is relatively straightforward in the circumstances because it can be said that the victims’ deaths are the ‘natural consequence’ of him stabbing them.
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”.
To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states. Capital first-degree murder or aggravated first-degree murder is categorized in killings viewed as deserving of capital punishment.
There is no legal murder, except for execution. Killing a person is a horrible crime, but execution is a legal revenge by justice criminal system. Traditional thinking, a murderer, who committed heinous, unforgivable crime, should be punished by taking his life away. Recently, the legal action, capital punishment, became a controversy topic and it’s absolutely a profound theme worthy of thinking. 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).
In the play Trifles there is evidence to believe Mrs. Wright took her vows of death do us part to extremes ending the marriage by killing her husband. The law states that any man or woman who means to haram another either on purpose or by accident shall be guilty of murder left up to a jury as to what degree. Mrs. Wright is guilty of murdering her husband because she had opportunity, motive, and means to kill. I intend to use logical, ethical and emotional proof to convict Mrs. Wright of this crime and propose why she should face the death penalty. To begin with, the logical proof that the murder of Mr. Wright could have only been committed by one person who had the opportunity his wife.
SUGGESTED SOLUTION A & B are advised that the state acting under prerogative via the Crown Prosecution Service will seek to juxtapose their actions with the existing scope of the law. Congruence will lead to a conviction of the charge. The charge here is submitted to be in the realm of homicide since there is a fatality upon C. Thus it is the Crown’s burden to prove the unlawful killing with the intention to kill or cause grievous bodily harm beyond a reasonable doubt. DPP v Woolmington. The crown would need here to satisfy both the legal and evidential burden since A and B until then can enjoy the presumption of innocence.
Arthur 's Battery crime will merge with murder if murder is found. END OF ARTHUR AGGRAVATED BATTERY CHARGES IRAC STATE v. ARTHUR Subject Matter ___Murder Charges Pinkerton Liability Rule Guiltiness of a coconspirator exists for all the crimes committed by their coconspirators that were a natural and foreseeable consequence of the conspiracy and done in furtherance of the conspiracy. Conspiracy Exists Supra ___see___ State v. Arthur Conspiracy A conspiracy exists which Arthur is part of. As such, this element is met. Crime Committed by a Coconspirator Infra ___see___ State v. Carl Murder A Murder crime was committed by the coconspirator Carl.
Review Questions 1. What are two of the different legal categories of homicide? Discuss each type and provide an example of a homicide that would fall under the category. Two of the different legal categories of homicide are first degree murder and manslaughter. First degree murder are crimes where the offender planned to kill another person and then carried out the act with “malice afterthought”.