Homicide is murder but not all homicides are illegal some are considered justified homicide an example of justified homicide is when its done as an act of self defense. Homicide is a heinous crime that is very serious and will result in going to jail for a long time.This is what homicide is. Scenario Two: What is the most serious offense Lori can be convicted of? Explain. Lori committed a controversial crime that many people believe was the right call to make but a crime is a crime you can’t break the law just because you don't like it and in this paragraph i will explain to you what law Lori will most likely be charged for.
Prison time is an effective deterrent to a point, with some people more time is needed. Prosecutors should have the option of using a variety of punishments in order to minimize crime. The most fundamental principle of justice is that the punishment should fit the crime. When someone plans and brutally murders another person, it would seem that justice would be better served if they too were killed as they had planned to kill another human being. Our justice system shows more sympathy for criminals than it does victims and this should be altered.
This argument can be broken down into a premise and a conclusion. The premise is ‘for felony capital murder’ and the conclusion to this premise is ‘Singleton was to be executed’. There is an additional premise ‘became insane while in prison’. This premise has the same conclusion ‘Singleton was to be executed’. In this case, we should be aware of the past tense verb ‘was’.
An article published by the A-level law review, written by Ian Yule and entitled ‘Murder most foul?’ has two very important statements in the opening paragraph from people or groups who have first-hand knowledge of what is failing the British legal system when it comes to the decisions regarding cases of murder and voluntary manslaughter. Ken Macdonald QC, the director of public prosecutions, stated that ‘There should be degrees of homicide, not just murder and manslaughter but three or four degrees’. It is evident that our existing homicide laws are in urgent need of reform when even the Director of public prosecutions criticises them. The second is from the Law Commission itself in 2004 published a report relating to the partial defences for murder declaring ‘the present law of murder in England and Wales is a mess’ and also in the same report the Law Commission said that there was ‘a pressing need for a review of the whole law of murder rather than merely some partial defences’. The current law serves to confirm and underline how seriously flawed the present law on homicide is.
With respect to murder, the penal code under section 200 explicitly states that any person who of malice aforethought’; thus, demands the need of the mens rea. Malice aforethought relates to the state of mind of the accused person at the time he caused the death of the deceased. malice aforethought may be either express malice which demands an intention to cause death or do grievous bodily harm, implied malice which entails proof of knowledge (knowledge that may be accompanied by indifference) that the act or omission will probably result into causing death or grievous harm to the person or constructive malice which requires the accused person to cause death while attempting or committing a felony. On the other hand, the mens rea of murder which is malice aforethought is not linked to manslaughter. This is why manslaughter is a less serious offence than murder.
Michael Rea March 22, 2011 Koch vs. Bruck "Is capital punishment an adequate and necessary form of payback for the crime of murder? And will it prevent the occurrence of future murders? These are the vital issues argued by Edward I. Koch in his article, "The Death Penalty is Justice," and David Bruck's "No Death Penalty." In my opinion, Koch is able to ideally show the need for capital punishment, while Bruck is ineffective at justifying his stance that the death penalty is an unsuitable punishment for the crime of murder." In "Death and Justice: How Capital Punishment Affirms Life", readers view the opinions toward the death penalty in today's world.
It is self-evident that our existing homicide laws are in urgent need of reform when even Ken Macdonald QC, the director of public prosecutions, criticises them and is echoed by several senior judges. In an interview, he proposed that there should be degrees of homicide, not just murder and manslaughter, but three or four degrees. The government has acknowledged this and has asked the law commission to widen its approach from just examining the law on provocation to consideration of the whole law on homicide. The law commission itself commented on the current Homicide law (provocation) and stated that the present law of murder in England and Wales is a mess. The Homicide Act 1957 has been criticised mainly under these following premises.
Preparatory Crime For a case to be inchoate the person that is accused of the crime must have a guilty mind, or a mens rea, to have all conspiracy against them repelled. Though for them to be guilty of all crimes they must have had intended for the crime to have happened. For a murder to be intent the defendant must have intended for the victim to have been killed. In a case of inchoate, for the defendant to be cleared you need proof of mens rea. Though they may have threatened to kill them.
On the one hand a single offence of homicide, or unlawful killing could exist. The state of mind or intent of the accused being relevant only to punishment. Such a suggestion raises the question of the role of the jury, and would put more power into the judge’s hands. Currently the sentences on murder are a full life term for a serious murder such as a premeditated murder, 30 years for a murder with a firearms, sexual or sadistic killings or killings aggravated by racial or sexual orientation, and 15 years for any other murders not falling under those categories. There is also an issue with the implied malice rule which was brought to attention in 1957 in the case of R v Vickers where the defendant struck the victim with several blows and the victim eventually died from shock due to general injuries, it was held that as he killed a person with the necessary malice aforethought being implied as he intented to cause GBH, but it is impossible to say that the
Capital Punishment, also known as Death Penalty, is when a judicial system punitively undertakes the execution of a convicted criminal. Currently, Death Penalty is employed by few countries commonly recognized as “democratic”, the United States and Japan being the major exceptions (Pearson Education, 2013). The severity of the crime equivalent to receiving the Death Penalty varies amongst its practitioners, likewise does its methods. Whilst one must normally perpetrate murder in the USA in order to be sentenced to Capital Punishment (Death Penalty Information Center, 2013), any act of homosexuality is sufficient in Saudi Arabia (UNHCR, 2013). Should one subsequently face legal execution, the method may vary in dignity.