Free Essay

Unlawful Homicide

In: Other Topics

Submitted By CTK12
Words 2804
Pages 12
Liability for Alice's Death

I am asked to advise in relation to the death of Alice, as it appears that Noah may have contributed significantly to this death. According to the facts, the death of Alice appears to have been caused by the events preceding Noah leaving the vessel in the life raft. The question is whether this act would amount to involuntary manslaughter, given that there would be insufficient grounds for a charge for murder given the lack of intent.
The modern test for involuntary manslaughter is requires the proving of four key substantive elements, which can be described as follows: • Whether Noah owed a duty of care to Alice in these circumstances; • Whether Noah breached that duty of care; • Whether that breach caused Alice's death; and • Whether the breach was sufficiently serious to constitute gross negligence.

Given the fact that Noah was the pilot of the vessel at the time of the incident, and Alice was a retail assistant, there is some doubt over whether Noah in fact owed Alice a duty of care at the time. However, applying the reasonable man test that is prevalent in a tort of negligence, one could argue that a reasonable person would have owed Alice a duty of care in ensuring that she was able to board the life raft safely. Additionally, as captain of the vessel, one would argue that Noah was responsible for ensuring that all persons were able to board life rafts. Therefore, it would be reasonable to conclude that Noah owed Alice a duty of care, and has breached it, causing her death. It can most likely also be argued that Noah's breach constituted a gross negligence given that, when compared to a reasonably competent captain of a vessel, he failed in his duty to execute safety procedures in the event of an emergency. Given that Noah would have to have possessed some sort of special skill in his situation to be a pilot of the vessel, the standard of comparison should be a reasonably competent captain. Therefore, Noah appears to be liable for the death of Alice by involuntary manslaughter.

Re: Liability for Bob's Death

I am asked to advise in relation to any liability that Noah may have in relation to the death of Bob. According to the facts of the event, it would appear that Bob passed away after swimming to shore following the sinking of the vessel he was on. Also according to the facts it would appear that the significant cause of death was the fact that he was dropped on a stretcher by paramedics, which loosened a blood clot which travelled to his brain. Based upon these circumstances, it would appear that Noah has played no role in the factual causation of these events, and hence is not liable in this regard. However, one must also consider the possibility of legal causation, which may mean that Noah could be liable if it could be proven that he ‘set in train' the events causing the death of Bob.
There are probably two main legal principles that need to be considered in this circumstance. The first is the substantial cause test, which provides that the event must have had more than a minimal cause of the death. Indeed, in order for Noah to be held liable in this circumstance, it must be proven that he was the cause of the sinking of the vessel, which in turn caused Bob to swim for safety. It is questionable as to whether Noah caused the sinking of the vessel, as it had been checked by a maintenance crew before sailing, as well as its upkeep being the responsibility of Tony, as the managing director of Cruising for Pleasure Ltd. While Noah may have had opportunities to prevent the incident himself, the fact is that he took all reasonable steps to bring it to the attention of the company before the vessel departing, and thus should not be held personally responsible. Also, it would appear that the chain of causation has been broken by the intervention of the ambulance officers treating Bob, and hence Noah could not be held liable under this argument either.

Re: Liability for Caitlin's Death

I am asked to advise in relation to the death of Caitlin, and whether Noah has any liability accordingly. According to the facts presented, Caitlin was one of the persons who swam for shore from The Fluke, and hit her head as she dove off. According to medical reports, she was in a stable condition and doing well, although the ambulance was involved in a crash on the way to the hospital and Caitlin died as a result. In order for Noah to be held liable for Caitlin's death, it would again need to be proven that there was a causal link between the actions of Noah and the death of Caitlin, either in fact or in law.
In regards to law, it would be my advice that Noah could not be held to have been the cause of Caitlin's death under the causation tests. This is because the chain of causation has been broken by the intervention of the ambulance officers, and that the death occurred as a result of Caitlin being in the ambulance and not as a result of the actions of Noah. One could not successfully argue that Noah's actions were the substantial cause of Caitlin's death for two reasons. The first reason is that the death occurred outside of the control of Noah, and that Caitlin was doing well upon being transferred to the ambulance. The second reason is that it is questionable whether Noah was actually responsible for the sinking of The Fluke, and thus does not satisfy the substantial cause test in any case.
Factually, it would appear that Noah cannot be held liable, due to the clearly stated fact that Caitlin died on the way to the hospital as a result of the car accident, not from swimming to shore from the vessel. Therefore, Noah escapes liability for Caitlin's death.

Re: Liability for Daisy's Death

I am finally asked to advise Noah in relation to possible criminal liability for the death of Daisy, as a result of her being a passenger on The Fluke when it capsized. According to the facts of the case, it appears that Daisy cut her leg on some form of rusty metal which was present in the water, and died in hospital as a result of a misdiagnosis by a junior doctor, who neglected to take into account her possible allergy to penicillin. Based on legal principles, it would be difficult to hold Noah accountable for the death under the relevant causation tests, given that Noah was not the substantial cause of the death. If more information could be presented which suggested the cut on the leg arose from the negligence of Noah in placing Daisy in the life raft, then there may be a case to answer, as this would obviously satisfy not only the substantial cause test, but possibly the substantive elements of a charge of involuntary manslaughter.
Based on the facts presented, the intervention of the doctor also breaks the chain of causation which means, in any event, Noah cannot be held liable. This is a similar situation to the abovementioned cases of Caitlin and Bob, as the intervention of third parties creates too many variables for the death to be attributed back to the sea accident anyway. Part B

Traditional Rules of Corporate Liability

The concept of corporate liability for criminal offences was only recently established at common law, with the courts handing down the foundation decisions for this principle in 1944. The main rationale behind this development is the fact that directors and shareholders of a company often enjoy the limited liability façade that incorporation of a company creates, meaning that often only the company itself should be held liable for any wrongs or actions. The courts, however, enjoy a great deal of discretion in terms of imposing sanctions against a company which is found to be guilty of a criminal offence. Some of these limitations include: • Some offence cannot be committed by a corporation (eg. Rape); and • The courts will often refuse to convict a corporation of a criminal offence where the only sanction available to it is imprisonment (eg. Murder and treason).
The courts have often referred to the ‘identification' principle, which essentially means that the actions of a company are often those of its senior management and directors, therefore whatever the directors do, the company does. Take the following dictum by Lord Denning, for example:
A company in many ways can be likened to a human body. It has a brain and nerve centre which controls what it does. It also has hands which hold the tools and act in accordance with directions from the centre. Some of the people in the company are mere servants and agents who are nothing more than hands to do the work and cannot be said to represent the mind or will. Others are directors and managers who represent the directing mind and will of the company, and control what it does. The state of mind of these managers is the state of mind of the company and is treated by law as such.
Therefore, a company can be found guilty of a criminal offence where such an offence has been committed by its senior management, who in turn act as an agent of the company (and are authorised by its constitution to do so).

How do the traditional laws relate to killing?

The fact is that the traditional laws on corporate liability do not allow for corporations to be held liable for offences where the only punishment available would be a term of imprisonment. This limits the available convictions to any charges of manslaughter.
The new Corporate Manslaughter and Corporate Homicide Act 2007
The recently introduced 2007 Act of Parliament essentially creates the new offence of ‘corporate manslaughter', which does away with the requirement to rely on the common law ‘identification' principle, discussed above. Section 1(1) of the Act details the substantive elements of the offence, which is quite similar to the current common law test that exists for involuntary manslaughter by gross negligence, requiring proof that the company owed a duty of care to the victim, that there was a breach of that duty of care, the cause of death was a result of the way the organisation's affairs or activities were managed, and that the failure by management amounts to gross negligence. Section 1(4)(b) of the Act gives an indication as to whether a breach of the duty of care amounts to being ‘gross' negligence. Essentially, the Act codifies the already existing common law test for manslaughter by gross negligence, but directs it solely at organisations, ensuring that they cannot escape the operation of the law, and clarifying the operation of the ‘identification' principle.
Essentially, the new law recognises the influence that senior management have over the control of the company, by holding the company liable should the directors play a significant role in causing the company to commit the act. While this was perhaps already present in the ‘identification' principle at common law, there is now no longer a requirement that a director of a company needs to be guilty of an offence in order for the company to be guilty. In fact, the only requirement is that the management of the company have played some role in the actions of the organisation that caused the incident, such as a poorly organised event or similar. Therefore, the new law not only creates a new offence primarily aimed at companies, it also reduces the reliance upon the directors being found guilty of a criminal offence in order for the company as a whole to be held liable, making it easier to secure a conviction against a company under the corporate liability principles.

Arguments For and Against Corporate Liability

There could be a number of arguments tendered which would both support and criticise the idea of corporate liability for criminal actions. For a start, a benefit of corporate liability could be that persons are not able to hide behind the limited liability of a company in order to escape liability for criminal actions and, while maybe not being personally liable, may well be as good given that a company may have been founded by that person, with their own money, and hurting the company will in turn hurt the person. Perhaps the most overriding concern is the fact that a corporation cannot be imprisoned, which means that the only realistic option available for sentencing a company would be to subject that company to a heavy fine, which may have little to no impact on large companies. This would be primarily due to the fact that many companies have quite large bank balances, and hitting them with a fine may not get the message across, as a lot of these companies may still be able to write a fine off as the cost of doing business. Another concern of the new law is that it does not automatically include personal liability for directors where a company commits a criminal act of manslaughter. In order to secure a conviction against a director, one would need to prove that the director had the appropriate mens rea for the offence of being an accessory, which requires different burden of proof elements to the principal offence of manslaughter. Under the traditional rules, there was a requirement that in order for a company to be liable for an offence, a director had to be guilty of the same offence under the ‘identification' principle. The modification of this principle in the new law means that the Crown needs to work harder to ensure maximum effect, although it is substantially easier to secure a conviction against a corporation itself under the new law.
All in all, it would appear that corporate liability for an offence has its benefits; however the law certainly has some shortfalls. In an attempt to cover the base of charging corporations, the lawmakers have had to retract on the ability for a director to be held personally liable, thus further entrenching the notion of the strict veil of incorporation, and limited liability, that directors of a company enjoy.

Liability of Cruising for Pleasure Ltd

As a final task, I am asked to advise in relation to the possible liability of Cruising for Pleasure Ltd for the deaths of the abovementioned persons who were passengers on their cruise liner. This is, of course, to have regard for the previously discussed laws of criminal liability. As such, I will tender my advice based on the relevant sections of the newly enacted Corporate Manslaughter and Corporate Homicide Act 2007.
In order to establish the liability of Cruising for Pleasure Ltd, it is a requirement that four statutory tests be satisfied. Firstly, it needs to be established that a duty of care existed between Cruising for Pleasure Ltd, and the passengers that were killed. This quite clearly falls within the scope of section 2 of the Act, as Cruising for Pleasure Ltd owes the passengers the duty of care to ensure that the vessel is sea-worthy and properly maintained, which it quite clearly was not in these circumstances. This meant that Cruising for Pleasure Ltd breached the duty of care owed to its passengers, as it did not take all reasonable steps to ensure the sea-worthiness of the vessel it was operating. Thus, this breach was caused by the manner in which it operated its business affairs, and satisfied the third limb of the statutory test. Finally, and perhaps most crucially, it needs to be found that the negligence by Cruising for Pleasure Ltd amounts to ‘gross' negligence under the Act. The jury would need to have regard for certain factors, such as how the failure of policies within the company may have contributed, as well as the degree of risk of death that this posed to the passengers. On this basis, it would be difficult to suggest that it was not a gross breach, given that if the craft was properly maintained, this accident would most probably not have happened.
Given the circumstances of this case, it would be reasonable to conclude that corporate liability can be attributed to Cruising for Pleasure Ltd in accordance with the relevant provisions of the Corporate Manslaughter and Corporate Homicide Act 2007. As such, Cruising for Pleasure Ltd must bear some, if not most, of the responsibility for the accident due to their poor maintenance of the vessel and, if proper maintenance procedures were put in place and followed, this whole tragedy could have most probably been avoided.…...

Similar Documents

Premium Essay

Dc Homicides with References and Citations

...DC Homicides in the News Again According to an article by the Washington Post, “D.C. Homicides: In 15 Percent of Closed Cases, No Charges and No Arrests,” there have been many closed cases that were not approved by the families of the victims: “A Post examination of nearly 2,300 homicides in the District between 2000 and 2011 finds that police closed at least 189 cases without an arrest, leaving some families of victims wondering” (Thompson 1). Also, the protocol of most investigations is to conduct interviews with the suspects and victims of each case, with integrity and honor. This has not been the case with Washington, D.C. police officers according to many victims: “A Washington Post examination of nearly 2,300 homicides in the District between 2000 and 2011 found that police closed at least 189 cases without an arrest — 15 percent of the 1,288 total closures. Cases solved without an arrest are known as “administrative,” or “304.1s ,” after the section in the police general orders that refers to the procedure. They are counted the same as an arrest in closure statistics, which are the main measuring stick for homicide detectives and police chiefs” (Thompson 1). Police misconduct is not restricted to the bad behavior of police officers; misconduct appears when police officers simply do not do their jobs, as in the case of many reports relating to the Washington, D.C. police department. There have been many instances of police misconduct in the news, as early as...

Words: 969 - Pages: 4

Premium Essay

R.A. 7877 – “an Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for Other Purposes”

...2. Discuss in 150 words your critical understanding of R.A. 7877 – “AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES”. RA 7877 was enacted to prevent and lawfully punished any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment." Its concerns were to value the dignity of every individual, enhance the development of human resources, guarantee respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Any person who commit work/education or training related sexual harassment was imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. 1. Prepare a comprehensive analysis of the three systems of education namely: a. Basic b. Technical c. Tertiary Basic Education Technical Education Tertiary Education Government Agency Provider: DepEd Government Agency Provider: TESDA Government Agency Provider: CHED Legal......

Words: 1395 - Pages: 6

Free Essay

Aquinas Unlawful

...Age limit? I’m a responsible citizen, so I follow the laws our country expects us to follow. However, I don’t think we should follow the law stating we must be 21 years or older to drink alcohol. First of all, our countries military is 18 years or older. Meaning, we have 18 year olds fighting for our freedom whom are declared responsible enough by our government to not only handle live firearms but end a persons life with said firearm. If our government believes them to be responsible enough for that then they should be responsible enough to consume alcohol. However, that has nothing to do with why Aquinas wouldn‘t agree with following this law. Aquinas believes a law should preserve life and ward off its obstacles. Not for the individual, but for the common good of all people. So I must ask myself, does putting an age limit on alcohol consumption help preserve life and ward off its obstacles for the common good? The answer is no. In no way does telling us when we can and can’t consume alcohol preserve life or ward off obstacles for the common good. When you consume alcohol you are the only one consuming this alcohol. You aren’t forcing anyone else to consume this alcohol. So, if you were to consume too much you would only be effecting yourself. If you were to do something stupid while under the influence you wouldn’t be effecting the population as a whole. As humans, in order to keep the human race going we need to reproduce. To aid in the success of keeping our race......

Words: 703 - Pages: 3

Premium Essay

Corporate Manslaughter

...Corporate manslaughter * Homicide – this is when any act which results in unlawful killing of a person. The main criminal charges for homicide would be murder, voluntary manslaughter and involuntary manslaughter. However all homicides require the killing of a living person. * Murder – this is when a person unlawful kills another person under the queens peace, with malice aforethought, either expressed or implied by the law so as the victim wounded or hurt etc, if they die due to the wound within a year and a day the defendant would be charged with murder. * Actus Reus of murder would be if the defendant did the act or omitted to do a legally recognised duty. (An act or omission), the act was deliberate, the act was unlawful. (As opposed to killing in self defence), the defendants act was the significant cause of the death, the death was of a human being. * Mens Reus of murder would be having the clear intention to kill another human being. * Voluntary manslaughter – * Provocation - This is when a person is provoked by things done or said or sometimes both which may lead to a sudden and temporary loss of self control which leads the defendant into committing the crime. Provocation is such that a reasonable person would lose self control. * Dimished responsibility – This is when a person is suffering from abnormality of mind (whether arising from arrested or retarded development of mind or any inherent causes or induced by......

Words: 886 - Pages: 4

Premium Essay

Why Price Fixing Should Remain Unlawful

...In today’s economy it is generally said that supply and demand determine prices on goods and services. In order for this to be true the free market cannot be interfered with. The New York Times article, “Taiwan Company Fined $500 Million for Price-Fixing,” highlights some of the issues that can arise when it comes to price fixing. In this essay I will explain what the antitrust law says regarding price-fixing agreements, and what impact these regulations have on businesses. I will give my opinion on the law, discuss the arguments for and against it, and explain why I believe unlawful price fixing has to remain illegal. I argue that without a law against price fixing the free market will not be protected, having negative consequences on our society. Many of the world’s largest LCD screen manufacturers, including Taiwanese company AU Optronics, were charged for violating the antitrust law regarding unlawful price fixing. AU Optronics was fined $500 million and its former president and executive vice president were sentenced to three years each in prison. Judge Susan Illston said that the three-year sentences were enough since “they acted not for personal gain but out of their belief that they were aiding a troubled industry plagued by overproduction and plummeting prices.” Au Optronics had together with seven other competitors been convicted of sending company executives to quarterly meetings from 2001 to 2006 to determine prices and production levels for their LCD screens.......

Words: 1131 - Pages: 5

Premium Essay

Homicide

...Homicide Homicide Forensic science plays a huge part in our criminal justice system today. But where did it get its start? What procedures are utilized today to help investigators solve our everyday mysteries when it comes to crimes? In addition, what forensic aspects in the video “Welcome to Homicide” were used to finally get a confession of murder? This paper will discuss these topics and elaborate on some of the key evidence that was used to close this particular case. First, let’s begin with where and when forensics is aid to have gotten its start. The basic sciences began to develop in the late 18th century, and many of the early developments in forensic sciences took place during the 19th century (Gaensslen & Larsen, 2013). People long ago did not have technological and scientific advancements that we take for granted in the forensic sciences today. Instead, they mostly relied on forced confessions and testimonies of witnesses. This, naturally, allowed for many criminals to walk free while a lot of innocents were wrongfully convicted. The first known instance of forensics being used was in the year 1248. A Chinese man, called a death investigator, used experimentation to determine that a victim's fatal blow had resulted from the strike of a sickle (Dirkmaat, 2012). What we think of today as forensic science may have been born in China, but truly developed in Europe during the 1700's. German medical experts, Swedish chemists, and Italian surgeons......

Words: 1318 - Pages: 6

Free Essay

Homicide

...Homicide Tuba Akhtar Kinlock Due: April 8, 2013 A. Is there a relationship between socioeconomic status (poverty) and homicide? The null hypothesis is that there is no significant relationship between poverty and homicide. The alternative hypothesis is that there is significant relationship between poverty and homicide. From prior research conducted, evidence usually showed that there are significant correlation between poverty and homicide. The theory is that due to the standard of poverty people are more likely to become victims, or even offenders within in the surrounding environment. The null hypothesis will be rejected because previous research exemplifies that socioeconomic status and homicide have a strong connection. B. The research design is correlational because the purpose of the design is to determine if there is a relationship between two variables, which are measured at the rate or ratio level. C. The independent variable poverty was measured in each of the 50 states and listed by percentages for “below poverty” in the year 2010. The dependent variable homicide was also measured in each of the 50 states for murder and nonnegligent manslaughter for the year 2010. Both variables were listed as rate per 100,000 habitats. D. A Pearson product moment correlation will be conducted to analyze the results. This procedure will determine whether there is a relationship between the two variables that are measured at a rate or ratio level. E. Thorough......

Words: 498 - Pages: 2

Premium Essay

The Internet: an Unrestrained Accomplice in Unlawful Search and Seizure

...The Internet: An Unrestrained Accomplice in Unlawful Search and Seizure Word Count: 3,205 How would you feel if someone that had never met you and had never seen your face was able to tell you that your favorite movies were “50 First Dates, 10 Things I Hate About You, and The Princess Bride,” and that you “browse entertainment news and like to take quizzes” (Angwin, 2010). Would you feel your privacy had been sbreached because someone must have spied on you without your knowledge? That is what happened to Ashley Hayes-Beaty. “Miss Hayes-Beaty is being monitored by Lotame Solutions Inc., a New York company that uses sophisticated software called ‘beacon’ to capture what people are typing on a website” (Angwin, 2010). According to PCWorld Magazine (Sullivan, 2012), personal web habits are being tracked by companies such as Lotame Inc. and Facebook, advertisers, and corporations that “stalk” consumers on the web, and then sold to marketers and the government without web users being informed or aware of it. People like Ashley are suing data brokers that “sold consumer profiles to other companies without taking steps required under the U.S. Fair Credit Reporting Act to protect consumers” (Gross, 2012). Digital consumer monitoring is a breach of privacy that needs to be addressed. Personal data is being collected and sold without consumer consent, and the current regulatory environment is weak. As this issue becomes more prominent, a variety of solutions have been proposed,......

Words: 4209 - Pages: 17

Free Essay

Law Enforcement Homicide and Suicide

...Casualties of Law Enforcement: Homicide and Suicide Katherine Nielsen Buena Vista University Online Abstract This work is an overview of the increase in deaths of law enforcement agents: those killed on duty and those who kill themselves. As per a yearly report (Berman, 2014), the number of law enforcement agents killed while working rose almost a quarter this past year compared to years prior, especially ambush-style killings. Police officers across the country face potential dangers on their job, and they are a target simply because they are in uniform. As well, every 17 hours an officer commits suicide (Berman, 2014). This paper explores the correlation of the stress experienced by law enforcement associated with general strain theory (GST). GST is an explanation for suicide ideation for law enforcement officers. Other articles observe that police officers may suffer from post-traumatic stress disorder (PTSD) after a critical incident or a traumatic experience. PTSD awareness is critical for saving lives. Why is there an increase in law enforcement deaths and suicides, and what needs to occur to change this trend? Keywords: post-traumatic stress disorder, general strain theory Introduction There were 50 officers murdered by shootings in 2014, a huge leap from the 32 such deaths a year prior (Berman, 2014). One officer killed is one officer too many, and this trend needs to be reversed. How does society stop this? Altogether, 126 law enforcement officers died in...

Words: 8098 - Pages: 33

Premium Essay

Welcome to Homicide

...Welcome to Homicide Forensic Science is a fundamental component of the justice system. Forensic scientists use scientific techniques and knowledge to assist law enforcement in investigations and solving crimes. They collect and analyze numerous types of evidence, including blood, body fluids; DNA; and human tissue. Forensic scientists assist the decision makers by showing the prosecutor if the issue has merit before it reaches the courtroom thereby reducing the number of cases having to be heard. Their decisions are based on scientific investigations and not circumstantial evidence or unreliable witnesses. Forensic scientists can restore faith in the judicial system with the use of science and technology for facts in criminal and civil investigations. The legal system is established on the belief that the legal process results in justice for all. History of forensic science The history of Forensic science or the applying of scientific principles to legal questions has a lengthy and interesting history. The first recorded autopsy was reported in 44 B.C was on Julius Caesar, where the Roman physician, Antistius proclaimed that he had 23 wounds on his body but only one was fatal. In 1248, a Chinese book entitled “His Duan Yu” (meaning The Washing Away of Wrongs) explaining how to tell apart a drowning from a strangulation. This was also the first recorded use of medicine to assist in solving crimes. In 1590, the first microscope was developed. In 1775,......

Words: 2382 - Pages: 10

Premium Essay

Murder in All Its Forms

...quite frequently however usually incorrectly. Some people say animals or even trees get murdered, but under the law it is not murder unless a human takes the life of another human. Homicide is a lawful term for any killing of a human being by another human being. Homicide itself is not automatically a crime, some homicides are legal, such as the justifiable killing of a suspect by the police or a killing in self-defense. Unlawful homicides are classified as crimes like murder and manslaughter. This paper will explain the important but often overlooked distinctions between murder and manslaughter, and the different variations of both crimes. When we look at “murder” we must also look at the different degrees of murder which are a reflection of the intent or severity of a certain murder charge. The most common degrees of murder are 1st degree murder and 2nd degree murder and in some cases what we call “capital murder”. Regardless of the label on the degree of the murder committed, the general idea is to increase the punishment with the degree. The more inhumane the killing is, or the motive associated behind the killing, then the greater the punishment and degree is for the murder. We must first understand what murder is: Murder is the killing of one human by another that is intentional, unlawful, and done with “malice aforethought” or in other words, premeditated. Malice aforethought is a key element in determining the degree of the murder committed. This state of mind......

Words: 1650 - Pages: 7

Free Essay

An Examination of the Consistency and Uniqueness of the Ritual and Signature Serial Sexual Homicide

...and Signature Serial Sexual Homicide !2 Violence is such an appealing topic that it is embedded in some of the greatest paintings, music, dramas and movies. Not only being presented in art works, throughout human history, violence also serves as a means of entertainment to a certain group of people. Actually, among all species, human beings might be the only one that kills for fun. Mark Twain once wrote, “Of all the animals, man is the only one that is cruel. He is the only one that inflicts pain for the pleasure of doing it.” Certainly, we do not want to be around the sadists without knowing it; however, unlike the fairy tales, serial killers do not always look like devils; instead, they might be the most charming person one could ever encounter. Therefore, in order to track down the criminals hidden in the crowds, people need to know more about their motives and reasons behind the conduct. Despite that there is some randomness in killings, the study of the consistency and uniqueness of ritual (fantasy-driven but unnecessary for the perpetration of the homicide) and signature (distinct or unique ritualistic behavior) can help the police allocate the perpetrator much faster, because such demeanor makes the violence personal to the killers. The research done by Louis B. Schlesinger, Martin Kassen, V. Blair Mesa and Anthony J. Pinizzotto in 2010 was one of the first examinations of the ritual and signature in serial sexual homicide in which they tried to......

Words: 962 - Pages: 4

Premium Essay

Homicide

...(1997) 3 All ER 936; * under the Queen's Peace; * with intent to kill or cause grievous bodily harm (GBH). Mens rea for David- intention to kill. Actus rea stabbing, rape. Faced life after admitting to the murder of both girlfriend and carer. Law of Murder A murder conviction carries a mandatory life sentence. The judge passing sentence cannot pass a lesser sentence no matter how mitigating the circumstances might be. There exist three partial defences to murder which may reduce the conviction to voluntary manslaughter which carries a maximum sentence of life and thus allows the judge discretion on sentencing. These partial defences are contained in the Homicide Act 1957 and consist of diminished responsibility, provocation and suicide. Unlawful killing- can be committed by an act or an omission. All unlawful killings are result crims and thus causation must also be established. Some killings classed as lawful- self-defence. The mens rea of murder is malice aforethought. The term is misleading in that it suggests some sort of ill will and pre-planning. Intention to kill, and intent to cause GBH. Covers direct intent but also extends to oblique intent. Consequences for other people Family of the deceased were shocked and were said to believe that the deceased had not deserved death. They were upset and feelings showed that the murderer should serve life. The judge was surprised. Never seen a case like it before. Looking at other previous convictions he......

Words: 512 - Pages: 3

Premium Essay

Homicide

...1 Criminal Homicide v. Non-Criminal Homicide Criminal V. Non-Criminal Angela Lesher Davenport University Legal 211 Dr. Willing June 20, 2015 2 Criminal Homicide v. Non-Criminal A homicide, whether it is accidental or intentional, can tear a family apart. The results of such a tragedy not only affect the family, but trickle down to friends, co-workers and even a whole community. A homicide is defined as “the killing of a human being by another human being.”(Schmalleger & Hall, 2014, p. 210) Under early common law, established by English courts, homicide was either felonious or non-felonious. Justifiable homicide and excusable homicide were considered non-felonious and felonious homicide was distinguished as murder. U.S. courts adopted English common law, and as time went on, modified felonious or criminal homicide into various categories. Today there are three types of homicide. They are justifiable, excusable, and criminal. Justifiable homicide and excusable homicide are considered noncriminal homicides. Criminal homicide can be further broken down into three categories, murder, manslaughter, and negligent homicide. According to the Bureau of Statistics, the homicide rate in the United States has declined since 2000 and has fallen to levels last seen back in the 1960’s. (bjs.gov) Males represent the highest percentage of victims, and the percentage of men who were the victims of a homicide is three times higher than that of a female victim.......

Words: 2392 - Pages: 10

Free Essay

Criminal Law Essay on Homicide

...Criminal Law Essay on Homicide According to the latest official statistics, there are more than 500 000 cases of homicide every year. More than 30% of all cases occur in Africa. Americas are on the second place. Asia is known for 5% of all the cases of homicide that are reported in the world annually. What is homicide? Why does this problem exist? How can it be solved? Criminal homicide is the action of killing a person by another person. The killer could have killed the victim intentionally and unintentionally. Despite the actual intention, both variants are treated like homicide and are punished strictly. When you try to analyze the problem of homicide, you will learn that there are many types of this crime. I will try to analyze them below. Homicides are divided into murder, manslaughter, killing at war, artificial death or euthanasia and execution. All these cases belong to different sorts of crime. Murder is the easiest and the most understandable kind of homicides. A murderer is the criminal who kills intentionally. Who wants to kill the definite person or group of people and does his best to reach this goal. He has a specific plan of his actions and possesses specific tools for it. Of course, there are spontaneous murders but the source of this action is the same. A person has decided to murder another person. Murder is a serious crime and it is punished strictly. If we speak about the USA, murderers receive life imprisonment or life penalty. The first punishment is......

Words: 746 - Pages: 3

Watch movie | Anguilla | Freezing Vibration OVA Episode 2 English Dubbed