Monday, September 9, 2019

Degrees of Homicide Assignment Example | Topics and Well Written Essays - 250 words

Degrees of Homicide - Assignment Example dad saw the kidnapper the next day in an interview and in sudden rage, the dad grabbed a revolver from a nearby officer and killed the kidnapper (â€Å"Manslaughter†). Another example is when Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly (â€Å"Manslaughter: Voluntary†). Involuntary manslaughter involves the death of a human being, but without the intent required for murder, comprising elements such as (1) the killing of another human being was unintentional; (2) the death occurred either during the commission of an unlawful act not amounting to a felony or as the result of criminal negligence; and (3) the defendant’s unlawful act or negligence caused the death (Wallace 8). For instance: two kids were street-racing, one lost control and hit a crowd of spectators. Two of the spectators were killed. The one who lost control was charged with involuntary manslaughter (â€Å"Manslaughter†). Another picture is when a driver is running a red light and then crashing into another car, which kills the other driver (â€Å"When†). Negligent manslaughter is a new type of homicide that the Model Penal Code developed in response to the fact that the voluntary and involuntary manslaughter are difficult to apply in certain situations. It is the unintentional killing of another human being caused by the negligence of the defendant including elements that (1) the killing of another human being was unintentional; (2) the death resulted from a negligent act by the defendant; and (3) the defendant’s negligence caused the death (Wallace 8). A case of negligent manslaughter is: D, an anaesthetist, failed to observe during an eye operation that the tube inserted in V’s mouth had become detached from the ventilator, causing V to suffer a cardiac arrest and eventually die (â€Å"Cases†). A different circumstance is when D pointed a gun at V, without

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.