This website uses cookies to ensure you have the best experience. Learn more

Criminal Responsibility And Homicide Essay

1349 words - 5 pages

Criminal Responsibility and Homicide

A killing can be either lawful or unlawful. Killings that are lawful
are those by the police, armed services and doctors in strictly
controlled circumstances. An unlawful homicide is considered to be
those of: murder, voluntary manslaughter, involuntary manslaughter,
infanticide and death caused by dangerous driving or careless
driving. Homicide in criminal law is the killing of a human being by
the act, procurement, or negligence of another.

Murder is the ‘killing of a human being with malice aforethought’,
where the person will have the intention to kill or cause serious
harm. It is a common law offence that was developed by judges. When
someone has been convicted of murder, the judge will impose a
mandatory sentence of life imprisonment.

Children between 10 and 14 years of age may be found guilty of a crime
if the court believes they knew what they were doing was wrong.
Children over 14 are assumed in law to know the difference between
right and wrong. For defendants under the age of eighteen that are
detained under her Majesty’s pleasure, is always 12 years. Lord Woolf
has set out guidelines when deciding how long a person should stay in
prison for being released. These starting points are: ‘a whole life
order’, a ‘term of 10 years’ and a ‘term of 15 years’. A whole life
order is where the judge believes that the defendant should never be
considered for release early. The offence must have been exceptionally
high and the defendant must be over 21 years of age. A 30 year order
can be for a defendant that is 18 years or over, however not any older
than 21 years old. This is for cases where the offence is not so
grave. A 15 year order can be considered for any defendants over the
age of 18 years where the offence is not as grave as in the other
categories.

Manslaughter can voluntary or involuntary. Voluntary manslaughter is
an unlawful killing with malice aforethought but reduced to
manslaughter by the Homicide Act 1957. In cases of Diminished
responsibility under s2 of the Homicide Act 1957, Provocation under s3
of the Homicide Act and The Survivor Of a Suicide Pact under s4 of the
Homicide Act. On the other hand, involuntary manslaughter is the
unlawful killing with no malice aforethought. There are two types,
constructive manslaughter and gross negligence manslaughter.
Constructive manslaughter is where an unlawful and dangerous act
results in a death. Gross negligence manslaughter is where the
behavior or omission causing the death is so grossly negligent that
only a criminal charge is appropriate. S2 of the the Homicide Act 1957
states that a person may be found guilty of the lesser offence of
volutry manslaughter rather than murder, if he was suffering from an
abnormality of mind, casused by an inside source, that...

Find Another Essay On Criminal Responsibility and Homicide

juveniles who kill Essay

1980 words - 8 pages shoot. Criminal Justice and Behavior, 34, 846-862. Heide, K.M. (1995). Why kids kill parents: Child abuse and adolescent homicide. London: Sage Publications, Inc. Heide, K.M., & Petee, T.A. (2007). Weapons used by juveniles and adult offenders in U.S. parricide cases. Journal of Interpersonal Violence, 22, 1400-1414. Kelly, K.D., & Totten, M. (2002). When children kill: A social psychological study of youth homicide. Ontario, Canada

Fetal Homicide: Crime or Accodent? Essay

919 words - 4 pages "enable prosecutors to establish, through medical evidence, that a criminal act ended the development of a fetus and to spell out punishments for such crimes" (Gallman).However, there are always two sides of the fetal homicide debate. Some people argue that these laws protect women and their unborn children; the laws allow justice to be served for unborn babies whose lives are snuffed out by the actions of violent criminals, and for the family

Homicide Rates and Prevention in Indianapolis

1254 words - 5 pages If the homicide rates don't continue to decline, the beautiful city of Indianapolis will not just be known for sports and amenities but criminal homicides as well. However, this has changed tremendously over the past four years. The Department of Public Safety Crime Analysis section (DPS CAS) released the criminal homicide statistic rates for the years of 2007-2010. These statistical rates pack a hard punch, for the criminal homicides which took

Crime against People

963 words - 4 pages itself is not considered a crime and sometimes legal, as in the case of self-defense. Unlawful homicide is classified as crimes, like manslaughter and murder. Homicide is a broad subject with different viewpoints and explanations. The patterns in criminal homicide are vague at best. Many researchers have done large studies and experiments trying to collect all the data around homicide. Some have followed the motives, race, religion, social class

Violent Crimes Article

1365 words - 6 pages The Criminal Code defines violent crimes as “offences against a person… that are violent in nature and cause harm to the human body.” In specific, the case below deals with murder. In order to further clarify the charges against Mr.Milard, it is essential to understand the two different elements of homicide and murder. Firstly, homicide is classified as the deliberate or accidental killing of an individual by another individual. Seeing as, the

Juvenile Homicide Can Be Prevented

2365 words - 9 pages , fascination with guns, trouble controlling feelings of anger, lack of friends and usual activities, feeling rejected or alone, victim of bulling, poor school performance, numerous past minor criminal offenses, failing to acknowledge to rights and feelings of others (Directorate, 2002). Any one of these warning signs can be fixed, so if we notice it and take care of it immediately we can possibly lower the juvenile homicide rate. These disorders

Victoria's New Defense to Homicide Laws

2033 words - 9 pages Women on Trial: The Battered Woman Syndrome and Its Limitations’ (1992) 16 Criminal Law Journal 369, 372. Victorian Law Reform Commission, Defences to Homicide: Final Report, Report No 94 (2004), 61 [3.8]-[3.9]. Green v R (1997) 191 CLR 334; 148 ALR 659. Victorian Law Reform Commission, Defences to Homicide, Options Paper (2003) 23 [2.36]. Ibid 112 [4.20]. Kate Fitz-Gibbon and Sharon Pickering, ‘Homicide Law Reform in Australia: From

Capital Punishment

748 words - 3 pages ., & Gittings, R. K. (2003). Getting off death row: Commuted sentences and the deterrent effect of capital punishment. Journal of Law and Economics, 46(2), 453-478. Radelet, M. L. (2009). Do executions lower homicide rates: The views of leading criminologists? Journal of Criminal Law and Criminology, 99(2), 489-508. Sarokin, H. L. (2011). Is it time to execute the death penalty? Huffington Post. Retrieved from http://www.huffingtonpost.com/judge-h

Criminal Law Case Study

1892 words - 8 pages The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous

Criminal Profiling

570 words - 2 pages behavior of offenders. The unit has been focusing on investigating and analyzing violent crime that poses serious threats to the fabric of society. It seeks to integrate and incorporate efficient and effective technologies that would assist in cracking down hard on criminal behavior (Federal Bureau Investigation). Criminal profiling helps in crimes like homicide, theft, rape, etc. It also assists in identifying any criminal activity in future

Youth and the Law

1080 words - 5 pages guidance and assistance, other methods than the formal court process should be considered when dealing with young offenders, young people have rights and freedom’s, and parents have the responsibility for the care and supervision of their child. The legislation revised the age limits regarding criminal responsibility, emphasized the need for protection of the society from juvenile crime, and the need for young offenders to be accountable for their

Similar Essays

Who Bears The Primary Responsibility For The Conditions In Prison And The Conduct Of Prisoner;, The Society, The Criminal Justice System Or The Prisoners Themselves?

1295 words - 5 pages thus want to find out who is primarily responsible for people being behind bars and for the conditions they are corrected in.Although we are often told that social factors are no excuse for committing crime, it is apparent that society bears the primary responsibility for criminal conducts and penitentiary conditions because society plays the most important role in shaping an individual's character and social demand is the barometer of the criminal

Early Cases In Homicide Essay

852 words - 4 pages England and in many of our states. However, the significance of each meaning has been varied by the modern legislation from the common law meaning. No act that needs an excuses(s) is justifiable, and no justifiable act can need an excuse(s). The exemption from responsibility is an entire case of justifiable homicide, and for this reason there is no practical importance in the distinction. There is no reason, however, why the distinction should

“Corporate Criminal Liability For Manslaughter Has Finally Been Given Statutory Form And Rightly So.” Discuss

4525 words - 18 pages relating to corporate manslaughter to be riddled with controversy. Despite the fact that academics and policy makers have increasingly clamoured for a major overhaul of this area of law, it has taken two Law Commission papers and a 'decade of wrangling, bartering, debate and delay', for corporate criminal liability to finally have been given statutory form in the Corporate Manslaughter and Corporate Homicide Act 2007. The first part of this essay

Life Without Parole For Juveniles Essay

943 words - 4 pages Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice