First Degree Murder Vs Manslaughter
Topic: First Degree Murder Vs Manslaughter
In the paper, I will be explaining about 1st Degree Murder and Manslaughter: the differences between them, the branches of them, and when they will be applied into different situations. In order to help explaining, I will insert in diagrams and simulate cases into this paper. And there will also be Cases Analysis as the second part of this paper.
Homicide is the killing of one human being by another. If the killing is not excusable or justifiable, then it is called criminal homicide. Murder and Manslaughter are the two general categories of criminal homicide. In most countries, First Degree Murder is the most serious crime that people can commit, where manslaughter is a less serious criminally …show more content…
It requires the intent to cause death or serious injury, but the potential liability for murder is mitigated by the fact that the accused was subjected to a level of provocation sufficient to drive an ordinary person to kill in the heat of passion, or suffering from diminished responsibility. Very usually, defendant will argue that they had committed a justifiable homicide rather than a voluntary manslaughter because justifiable homicide will exclude the liability of homicide. The concept of justifiable homicide in criminal law stands on the dividing line between an excuse and an exculpation. It can excuse the defendant from all criminal liability or treats the defendant differently from other intentional killers. In eighteenth century English law, it was considered a justifiable homicide if a husband killed a man raping his wife, but modern law treats this as only a circumstance that will mitigate murder to a conviction for voluntary …show more content…
John was trying to put in 2 defenses against his charges. He argued that killing a criminal want would be considered as justifiable homicide. Refer to the law about justifiable homicide, homicide to a criminal want is excusable only if a legally sentence of death is imposed on the criminal want. His second defense, which was defense of others, is also not an effective defense. It is because the stranger was walking toward his daughter’s direction, at that point, the action wasn’t threatening anyone. Deadly force should not be used. John was being over-sensitive to the crimial want anouncement. He should have followed the instructions in the news, and call 911 instead of killing the criminal want. His over-sensitiveness in this case is considered as the provocation for his voluntary
In the paper, I will be explaining about 1st Degree Murder and Manslaughter: the differences between them, the branches of them, and when they will be applied into different situations. In order to help explaining, I will insert in diagrams and simulate cases into this paper. And there will also be Cases Analysis as the second part of this paper.
Homicide is the killing of one human being by another. If the killing is not excusable or justifiable, then it is called criminal homicide. Murder and Manslaughter are the two general categories of criminal homicide. In most countries, First Degree Murder is the most serious crime that people can commit, where manslaughter is a less serious criminally …show more content…
It requires the intent to cause death or serious injury, but the potential liability for murder is mitigated by the fact that the accused was subjected to a level of provocation sufficient to drive an ordinary person to kill in the heat of passion, or suffering from diminished responsibility. Very usually, defendant will argue that they had committed a justifiable homicide rather than a voluntary manslaughter because justifiable homicide will exclude the liability of homicide. The concept of justifiable homicide in criminal law stands on the dividing line between an excuse and an exculpation. It can excuse the defendant from all criminal liability or treats the defendant differently from other intentional killers. In eighteenth century English law, it was considered a justifiable homicide if a husband killed a man raping his wife, but modern law treats this as only a circumstance that will mitigate murder to a conviction for voluntary …show more content…
John was trying to put in 2 defenses against his charges. He argued that killing a criminal want would be considered as justifiable homicide. Refer to the law about justifiable homicide, homicide to a criminal want is excusable only if a legally sentence of death is imposed on the criminal want. His second defense, which was defense of others, is also not an effective defense. It is because the stranger was walking toward his daughter’s direction, at that point, the action wasn’t threatening anyone. Deadly force should not be used. John was being over-sensitive to the crimial want anouncement. He should have followed the instructions in the news, and call 911 instead of killing the criminal want. His over-sensitiveness in this case is considered as the provocation for his voluntary