Criminal Homicide
The student will write a research paper focused on the topic prompt in the research paper instructions and submit it during this Module/Week. The completed research paper shall be a minimum of 5 to 7 pages and must follow current APA guidelines. The page count does not include the title page, abstract, or reference section. It must include 5–7 sources with at least 1 source being the textbook. The student should have a specific section in the paper dedicated to a synthesis of their world view and their topic.
Introduction
According to Vick (2016), criminal homicide refers to terminating another person’s life prematurely. Vick (2016) adds that according to the American criminal justice system, criminal homicide can be defined in many different ways, with various degrees being used to establish the components of homicide and other mitigating factors used to establish the sentencing of individuals who are involved in homicide either voluntary or not. The aim of undertaking this approach is often to ensure that individualistic sentencing is undertaken on every unique case instead of having standardized choices for various criminal homicide cases. Exploring the various degrees of criminal homicide helps understand what is just and affair regarding different levels of sentences given to individuals found guilty of committing this offense. As such, this research paper aims to discuss the different degrees of criminal homicide and how they affect the sentencing of any individual found guilty.
Homicide
In criminal homicide, there is a huge difference between manslaughter and murder. According to Cole, Smith and DeJong (2016), the main difference is often the idea resulting from “malice afterthought,” which is the idea that someone already predetermined their actions before the homicide they already had the intention to commit murder. On the contrary, in manslaughter, these killings tend to be accidental, and in some cases resulting from outside influences or other related circumstances (Cole, Smith & DeJong, 2016). Based on this understanding, it is very important to differentiate between the two aspects of criminal homicide because it plays a huge role in determining the type of sentencing. For example, according to the American justice system, offenders should not be given severe punishment for murder if they did not intend or plan to kill their victim beforehand. As such, if the court establishes that no malice existed in an offender committing the killing and it was purely accidental; such a homicide is considered to be a case of manslaughter. The courts are, therefore, able to determine the severity of a given criminal homicide and sentencing based on this understanding.
The Varying Degrees of Criminal Homicide
According to Vick (2016), criminal homicide exists in varying degrees that Help the court in establishing the type of sentencing for every unique case.
First Degree Murder
The most significant or harshly punished kind of criminal homicide tends to the first-degree murder. As earlier described, Cole, Smith and DeJong (2016) indicate that the types of killings tend to be done willfully or deliberate, with the offender having already designed a clear plan on how to execute the murder. According to Vick (2016), the first-degree murder is based on a combination of tow specific legal terms, namely the actus reus and mens rea, which means the guilty act or the actual physical murder and the guilty mind, respectively. Vick (2016) explains that the mens rea refers to the mental attitude leading to offenders understanding that they intend to kill another person and still go-ahead to commit the murder. Among the cases that fall under this degree may include felony, and Vick (2016) explains that these types of homicides will often receive the strictest form of punishment.
Second Degree Murder
These types of murders are the next step down degree after the first degree, and it tends to fill the gap that might exist between voluntary manslaughter and first-degree murder. However, according to Loveless, Allen and Derry (2018), second-degree murders tend to be somehow accidental but intentional and a display of very reckless behavior that disregards human life. This explanation implies that such a murder is considered accidental because the victim of the killing was never the intended target. Still, someone else got killed in the crossfire resulting from the offender’s direct actions. In other words, although the offender’s intentions were to killing, their plans didn’t materialize as expected, which led to the murder of the wrong person. Such a distinction is still crucial because the offender has to be punished for their actions, although not at the same level as the premeditation involved within the first-degree murder.
Voluntary Manslaughter
Voluntary manslaughter is the type of murder that occurs when someone is killed during a heat of passion. According to Bacigal and Tate (2014), such cases involve a specific and willful intention to kill, although no premeditation is involved. Bacigal and Tate (2014) further explain that such incidences often occur after something angering or traumatic has occurred to the offender to the extent of making them disturbed or irrational. Consequently, they lose control of their minds and actions, a factor that leads to their victim’s death. Voluntary manslaughter is often invoked for individuals whose behavior was uncharacteristic and in a rare state of mind or mood to harm their victims. Bacigal and Tate (2014) add that sometimes it can be very difficult to establish the severity of the punishment to be applied, especially when there is no clear record or tendency for the offender to follow such a pattern, and without any clear indication that such an action would happen again in future. Such sentencing tends to be very complicated because no premedication is involved. However, there are clear indications that the offender intended to kill due to their confused or impaired mental state resulting from their specific circumstances at the time. Bacigal and Tate (2014) give an example. In a situation where an offender found their spouse committing infidelity, it could trigger a confused or impaired mental state that might result in murder. As such, once the court can establish that a specific provocation was enough to make an individual lose their mind or self-control, a second-degree murder conviction is applied.
Involuntary Manslaughter
In comparison to voluntary manslaughter, involuntary manslaughter tends to be more accidental with no premeditation or intention to kill the offender. Under these circumstances, Bacigal and Tate (2014) explain that such murders are accidental, either negligence, impairment or other related factors. Several factors are often involved during involuntary manslaughter, with the common ones being reckless behavior, ignorance and other issues reducing culpability. Involuntary manslaughter doesn’t involve malice, but the offender s held responsible for the victim’s death. As a consequence, such offenders are often given comparatively lighter sentencing compared to first-degree murder offenders.
Justifiable Homicide
When exploring the meaning of criminal homicide, it’s very important to understand the specific instances constituting non-criminal or justifiable homicide. In some circumstances, the American law system excuses individuals to take away others’ lives without being subsequently charged. Instances of these justifiable homicides may include the killings during wartime during military service where American troops have the license within reason for executing the superior’s orders to dispatch the enemy forces without fear of being prosecuted (Bacigal & Tate, 2014). Another justifiable homicide is murder resulting from an act of self-defense since the offender’s actions were necessitated by the need to defend their life from an attacker. In the medical profession, sometimes medics are required to undertake procedures that are considered to be lifesaving, but in the process result in a patient losing their life (Bacigal & Tate, 2014). These factors or incidences constitute to what would be considered a justifiable homicide.
Conclusion
From the preceding, a few varieties and degrees of criminal homicides exist, and their diversity can sometimes make it very difficult to sentence individuals in the American courts. This difference can often mean the death penalty or just a few years locked up in prison. It is very important to differentiate between the different aspects of criminal homicide because it plays a huge role in determining the type of sentencing. In other words, the courts are able to determine the severity of a given criminal homicide and sentencing based on this understanding. However, in my opinion, excusable or justifiable homicide should be reconsidered because value towards human life should always be put above everything in any circumstances. When analyzing the detailing of every situation, it’s often necessary to consider every situation and analyze its details. As such, I believe that the current approach to classifying homicide and its associated classes of a felony is a fair approach that reflects the necessary measures of justice for different degrees of offenses or crimes.
References
Bacigal, R. J., & Tate, M. K. (2014). Criminal law and procedure: An overview. Cengage Learning.
Cole, G. F., Smith, C. E., & DeJong, C. (2016). Criminal justice in America. Cengage Learning.
Ingle, J. (2014). Overview: Criminal law, evidence and procedure. Cambridge Journal of International and Comparative Law, 3(1), 265-268. doi:10.7574/cjicl.03.01.158
Loveless, J., Allen, M., & Derry, C. (2018). 6. Homicide 1: Murder. Complete Criminal Law. doi:10.1093/he/9780198803270.003.0006
Vick, L. D. (2016). Administration of justice and constitutional law.
