Ethical formalism that is a deontological system because its determinant is motive or intent and not consequence. This is the system that the cops chose because they believed their motive was in fact good and they weren’t worried about getting caught. All the police officers where worried about in this situation was getting drugs off the street and taking off some of the pressure they were being put under by society. I believe that if Detective Griffiths would have not gotten shot and killed and this was a normal raid and drug but this situation never blows up like it did. It was a very unfortunate accident where everything that could go wrong went wrong and it ended up with a dead officer and a criminal that got to walk away with no punishment at all.
Homicide defines a person or persons that were killed / deceased as a result of another individual (s); it is an actual killing of a person caused by another person. To commit a homicide does not mean it is murder. Most killing’s usually are defined as a homicide until the realization of facts come about such as, “how did the killing occur”? “Why did the person or persons get killed”? “Who actually did the killing, and was the killing premeditated or not”?
The death penalty is a good punishment The death penalty, also called capital punishment is the execution of criminals who have committed a major crime. The death penalty doesn’t just punish someone for killing someone but for murder. There is a difference between the two. Murder is defined as “the unlawful and malicious or premeditated killing of one human being by another (Carmical).” the death penalty doesn’t punish someone for killing that is done my self defense. The death penalty is a lawful killing of a criminal and is not done by an individual but by the government.
Leo Coates June 2013 Q4 - Involuntary manslaughter Involuntary manslaughter is defined as the unlawful killing of a reasonable creature under the Queen's peace without malice aforethought. It is a less serious crime than murder as it does not require the full mens rea – intent. There are three types of involuntary manslaughter, which are committed in different ways – reckless manslaughter, gross negligence manslaughter, and constructive manslaughter. Robert is potentially guilty of constructive act manslaughter, where there is an unlawful killing that occurs when another crime is taking place intentionally or recklessly. The case of Franklin (1883) demonstrates that for a defendant to be found guilty of constructive manslaughter, the
This is why manslaughter is a less serious offence than murder. Nevertheless, manslaughter is in two types, usually referred to as voluntary and involuntary manslaughter. In case of involuntary manslaughter, the accused lacks malice aforethought while in voluntary manslaughter both the actus reus and mens rea of murder exists, but additional factors that may be present such as provocation or diminished responsibility which operates as a partial defence to murder reduces it to
All that an investigator would really need is a second piece of ammunition shot from the same gun that committed the crime in the first place. So how do they get another piece of the suspects ammunition and what if they don't have the correct gun? The answers are simple. If they have the ammunition that was used, they just need a duplicate piece of ammo which can be bought in any local store. If they have the wrong gun, then the “toolmarks” on the replicate bullet won't match those on the damaging ammunition.
There have been murderers that admitted to murder after being pronounced innocent. In his critique of double jeopardy, John Fitzpatrick states: At present, the rule against double jeopardy or the plea of autrefois acquit or autrefois convict, means that nobody can be tried twice for the same offence. It is the acquittal part, of course, that is most important. In effect, the prosecution has just one go. If you are acquitted, it cannot come back for a second bite.
These defences are available only to murder. They are also only partial defences: this means that the defendant is not completely acquitted. Instead, when one of these defences is successful, the offence of murder is reduced to manslaughter. This is important because it means that the judge has discretion in the sentence which he imposes. When a person is found guilty of murder
... We cannot know whether the murderer on death row suffers more than his victim suffered; however, unlike the murderer, the victim deserved none of the suffering inflicted. ... Although penalties can be unwise, repulsive, or inappropriate, and those punished can be pitiable, in a sense the infliction of legal punishment on a guilty person cannot be unjust. ... To regard the
This is because a deadly weapon was actually used. First, even if her husband did threaten her, it was only verbal and was not accompanied by any physical action. There is little perceived fear that we can attach to Sharon and no reasonable basis why she should have been scared. She also had the chance to leave the table and retreat away from her husband but actually chose to hit him over his head with a bottle. In addition, majority of jurisdictions consider force that can lead to serious bodily harm; for example, a bloodied head, as being equivalent to the use of a deadly weapon (Siegel & Senna, 2008).