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Intermediate English
Hamlet’s Criminal Culpability
William Shakespeare’s play Hamlet, written in 1599, poses many questions of Hamlet’s criminal culpability in the deaths of several characters in the play, specifically the death of Polonius, the King’s advisor. In a court of law Hamlet was found guilty for the murder of Polonius, however, if judged justly by the facts the verdict would have come back differently. The death of Polonius cannot be classified under court definitions as murder; Hamlet is guilty of the manslaughter of Polonius. The legal definitions of murder and manslaughter along with the events of the play show Hamlet’s true criminal culpability.
The United States Code Title Eighteen defines murder as the intentional, premeditated, unlawful killing of another human being. This definition shows that Hamlet cannot be found guilty of murder. The killing of Polonius was in no way premeditated. Throughout the play Hamlet never expresses any thought or sign of wanting to kill Polonius; in fact Hamlet’s attitude toward Polonius shows that he views Polonius as a fool not worth his time. Act Two Scene Two demonstrates this attitude when Hamlet calls Polonius a “great baby” and treats him as a child. Another point depicting Hamlet’s lack of premeditation is in the events right before and after Polonius’s death. The death takes place in the Queen’s closet as Hamlet speaks with his mother. Hamlet believes the two of them to be alone, and so he is very startled when he hears a cry from behind the arras. After running his sword through the arras Hamlet exclaims in reply to his mother’s question, “what hast thou done?” “Nay, I know not. Is it the King?” This shows that Hamlet himself was not sure as to what had happened because it happened so quickly and unexpectedly. Manslaughter is the unlawful killing of a human being without malice and a homicide which occurs without an intent to kill. Further subtopics define