Homicide and Number - Research Paper Example

? Homicide and number submitted Introduction The most sensible man will be wondered when analyzing the increasing number of the homicide all over the world. Newspapers and television day by day exposes certain such issues occurring in the neighborhood. Movies, books, plays, and documentaries are now filled with homicide depictions. One is really puzzled to realize the fact that ‘the average American by age 18 will have viewed 250,000 acts of violence, including 40,000 murders on television’ (Malmquist, 2006 p.vii).This is quite alarming to note that the death rate due to homicide is increasing. Many have identified that the actual number of the criminals and serial killers are increasing by challenging he laws and the authorities. As such, the study of homicide deserves greater importance for the researchers and the general public. An overview of the various books and other writings published on this issue unveils that there has been many attempts to identify murder and homicide. However, even after various studies over this issue, one can still view it as an argumentative issue among the researchers and the intelligentsia. Only a thorough wider analysis and research, one can make clear certain issues regarding homicide and or murder. 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 homicide. Considered the most heinous crime that could be committed in society, the intentional or unintentional act of murder brings lasting affects to the families of the victims and the murderers and their families. The consequences of these heinous actions have the potential to also affect the current laws that are in place, possibly having them amended. The proposed research seeks to explore certain realities concerning homicide and will conclude by analyzing the various types of homicides and the negative effects which may hamper the lives of modern people. 1. HOMICIDE - KILLING OF ANOTHER Homicide has often been identified as the killing of one human being by another human being due to various factors. Homicide is broader in scope than murder, though it has often referred as synonymous it. An overview of homicide reveals that murder is a variety of criminal homicide which is punishable where other forms of homicide might not constitute criminal acts. Other forms of homicides are often accounted as justified and excusable. Law has clearly defined or categorized various types of homicides which includes killing intentionally, murder for self-defense, planned murder, and so on. Individuals may engage in murder for self-defense, ‘kill a person who threatens them with death or serious injury, or they may be commanded or authorized by law to kill a person who is a member of an enemy force or who has committed a serious crime’ (The free dictionary, 2011). As per the laws existing in majority of the world nations, it is the circumstance surrounding a killing that decides whether a man is a criminal or not. The more specific legal terms takes into account the intent of the killer to regard his/her action as criminal homicide which is generally considered as murder or man slaughter. Regarding homicide, it can be brought under two main categories called Lawful killing and Unlawful killing. a. LAWFUL KILLING As per the legal statutes, English courts developed the body of Common Law on which U.S. jurisdictions already depending to develop their verdicts concerning homicides. The legal dictionary identifies the two types of homicides when it writes thus, “Early English common law divided homicide into two broad categories: felonious and non-felonious. Historically, the deliberate and premeditated killing of a person by another person was a felonious homicide and was classified as murder” (The free dictionary, 2011). It has also identified that “Non-felonious homicide included justifiable homicide and excusable homicide.” The U.S. law regards justifiable homicide as a crime, but here the offender has the possibility of getting a pardon from the court. Excusable homicide was not considered a crime where the offender will be protected by the existing law. Regarding justifiable or excusable homicide one can see that they are depending on the surrounding circumstances. Generally, in such occasions, the homicide will not be considered a criminal act. A justifiable homicide is a homicide protected by law and it is often executed either by the command or authorized by law. The killing of the enemy soldiers during war time can be aptly considered as one of the best examples of justifiable homicide. Here the soldiers are protected by the law, unless they do not belong to the soldiers’ duty. In the case of mass murder during war time, a public official is justified in carrying out a death sentence because the execution is commanded by state or federal law (The free dictionary, 2011). Thus one can see that justifiable homicide cannot be treated as a criminal offence. The killing of a person by another person in attempt of self-defence or in defence of other also has been included under justifiable homicide. If the available evidences clearly expose the fact the murder was absolutely necessary, the murderer will certainly be protected by the law on the condition that it was an attempt to protect him or others from death or preventing a serious harm. If there remained any possibility for avoiding the murder with a reasonable safety, some states the person to retreat before using Deadly Force. But majority of the states do require retreat if the individual is attacked or threatened in his or her home, place of employment, or place of business (The free dictionary, 2011). Some do not require retreat; if it has been unveiled the murder was committed due to some provocation or harm. Here the law will certainly engage in a clear analysis aimed to explore the underlying reasons that lead to the murder. The police officer will inquire about the instincts behind the murder and prevent the felon from fleeing if ho/she has used a deadly weapon to commit the crime. The police will also analyse the serious injuries and certain other factors before presenting the suspect in the court. Excusable homicides differs from the justifiable homicides are on the basis that it involves some fault on the part of the person who ultimately uses deadly force. For instance, if a person provokes a fight and subsequently withdraws from it but, out of necessity and in self-defense, ultimately kills the other person, the homicide is sometimes classified as excusable, rather than justifiable (The free dictionary, 2011). Usually, the existing laws do not make much distinction between the justifiable and excusable homicides and one can see the term justifiable homicide is widely used. b. UNLAWFUL The unlawful killing includes the death of a person caused by another person. It will be regarded as the breach of law and may either sentence for death or imprisonment. The unlawful killing has been considered as part of the criminal law, in other words homicide. Unlawful killing generally includes murder, manslaughter, infanticide and causing death by reckless driving. The unlawful killing will certainly be investigated by the police force and during investigation no individual will be named as responsible. It is only after police investigation and the verdict of the court one is decided as a criminal or not. i. Murder Murder is the unlawful killing of a human being, or a fetus, with malice aforethought (The unlawful killing, with malice aforethought - second degree murder, 2006). Murder has regarded as heinous crime in almost all the communities and is certainly punished by law. As it an attempt from the part of a person with ‘malice aforethought,’ law distinguishes it from other form of homicide. It is common knowledge that the loss of an individual is causing for enormous grief for those who are closer to the victim, and murder is an activity against with existing morale of the society in keeping order and justice. As a result, one can see, most societies in the world are implementing grave punishments for those who are engaging in such criminal deeds. Most of the societies either give a long imprisonment or a death penalty, depending on the seriousness of the murder committed. ii. Manslaughter The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent (Manslaughter, 2011). The law has clearly defined murder and manslaughter. One of the online article writes, “The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter” (Manslaughter, 2011). The article also adds that “It [manslaughter] also differs from murder in this, that there can be no accessories before the fact, there having been no time for premeditation.” One of the significant things to be noted with manslaughter is that manslaughter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act. (Manslaughter, 2011). Law has classified man slaughter as the following types; 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority (Manslaughter, 2011). The deaths occurred as result of the reckless driving also is considered as manslaughter. 2. MURDER: UNLAWFUL KILLING WITH MALICE  Murder with malice has often been regarded as a crime. Such a crime is punishable by law by evaluating certain aspects like the circumstances surrounding the killing, the intention and so on. Under the Common Law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought (The free dictionary, 2011). a. MALICE: TWO TYPES  i. Express: D exhibits intent to kill  This is the preplanned attempt from the part of the murderer. In this context the murderer approaches the victim with the intention of killing. The person who directly involves in the murder and the one joins in the plot also are regarded as equally punishable. iii. Implied: D intentionally performs a known dangerous act with conscious disregard for life This can be included the reckless driving or drunk driving of the person that led to mass murder or the like.  For example, suppose that a man is practicing shooting his gun in his backyard, located in a suburban area. If the man accidentally shoots and kills someone, he can be charged with murder under the depraved-heart theory, if gross Negligence is proven (The free dictionary, 2011). SECOND DEGREE MURDER: In considering first degree murder and a second degree murder there are some difference. A first degree murder is severe and high level of malice is involved in it. In a second degree murder malice is there but the rate of it is less. “ Defendants convicted of second degree murder are often sentenced to a term of years rather than to life in prison, and are almost always eligible for parole.”(Paul,& Sara, p.272) In the trial too, the court may state in this case that the defendant intended to murder but rather he or she acted in a way of highly dangerous situation. In considering this act the mind of the defendant must be taken care of. A person in his attempt to crime might have thought of committing murder but disregard to the first degree murdering the second degree murdering is only optional not fully intentional. MANSLAUGHTER: UNLAWFUL KILLING WITHOUT MALICE: It is also a crime but the amount of malice is here very less. The Oxford Dictionary defines man slaughter as “the crime of killing somebody illegally but not deliberately.” There are two types of man slaughtering. Voluntary manslaughter and involuntary man slaughter. In the first phase a person acts out of his or her passion. In analyzing many crimes of the present world this acts much higher than others. For example if two are arguing on a part of a share in agriculture or business may soon make them arrogant and if a person makes any trash on the other it may add passion in a person. If any problem arises there sometimes this silly matter may cause to man slaughter. Man is put to passion and feelings and so this passion and sudden emotions may take the life of the other. Another section of man slaughter is in voluntary man slaughter. This act may be to save one’s life from a danger. A person while acting some unlawful act which is not felony may come across man slaughtering. This may happen at times. Man slaughtering in doing good things too happens. This we can take in the case of police persons attempting to save a person from some criminals. It happened as they were saving the life of that person, accidently the gun blow off and the innocent man is killed. This also comes in involuntary man slaughter. MURDER DISTINGUISHED FROM MANSLAUGHTER: Murder and slaughtering are entirely different from one another. Man slaughtering may be accidental whereas murder is never accidental, but deliberate. When attempting a crime sometimes a criminal is forced to kill a person or persons to hide his or her attempt from the public eye. Murder is deliberate and pre planned. The whole criminal attitude of a person is reflected in his murdering. With regard to conscious too if a person manslaughters another prick of conscience is much higher in him or her. The police too can trace the criminal easily whereas a murder is difficult to be found out. He or she finds all the loopholes to escape as it is preplanned. In man slaughtering a person never realizes the risk of his acts whereas a murderer understands every prick and cons of it and takes amble measures to escape. With regard to the mind too there is a clear cut distinction from a murderer and a man slaughterer. The mind of the murderer is stubborn and never alters whereas the mind of a man slaughterer is rather flexible. If no measures are taken a man slaughterer can turn to be a murderer soon. In dealing with these two categories adequate steps should be taken care of.   References Bergman, Paul., Berman, Sara. (2009). Edn.11. Nolo, The criminal law handbook: know your rights, survive the system The free dictionary. Homicide. Farlex, Inc. 2011. Retrieved 8 March. 2011 from http://legal-dictionary.thefreedictionary.com/homicide The free dictionary. Murder. Farlex, Inc. 2011. Retrieved 8 March. 2011 from http://legal-dictionary.thefreedictionary.com/murder Manslaughter. (2011). The 'Lectric Law Library. Retrieved 8 March. 2011 from http://www.lectlaw.com/def2/m013.htm Malmquist. P. Carl. (2006) Homicide: a psychiatric perspective. Edn.2. American Psychiatric Pub. The unlawful killing, with malice aforethought - second degree murder (2006). WinYourDUI.com. Retrieved 8 March. 2011 from http://www.winyourdui.com/california_drunk_driving/laws/vehicular_manslaughter/pc_187.html Read More