Hi, need to submit a 1750 words essay on the topic Homicide.Download file to see previous pages…
This category in criminal law is characterized by some similarities in the description of the homicide. Characteristics of Homicide Categories There are common characteristics that are displayed in all categories of homicide as discussed. Unlawful killing must be established in al cases of homicide. In some instances, killing may be lawful for instance if the killer was acting in self defense. The other principle characteristic of homicide is that the killing must be committed to a human being, implying that the killing of any other creature cannot amount to a homicide. Controversy has marred the debate in abortion mainly on the fact of establishing if a fetus is a human being and at what age. Homicide is also governed by the “year and a day rule” where the death in question has to be established if it was caused by bodily harm committed within a certain duration of time. Another characteristic depicting a homicide case is causation where evidence must be adduced to ascertain that the death actually occurred as a result of a certain commission or omission by the defendant. This is as directed by the element of actus reus. can be established through two ways namely. causation in fact and causation in law. Among these characteristics, causation is the most delicate
To ascertain the criminal liability against the defendants, I will use the approach of exemption and implication by virtue of the defendants’ involvement in the death of the diseased. In this explanation, the obvious elements of homicide are assumed, for instance corpus delecti. The facts of each case are accompanied by explained criminal liability of the defendants.
In this explanation, the obvious elements of homicide are assumed, for instance corpus delecti (showing of actual death of the victim). The facts of each case are accompanied by explained criminal liability of the defendants. i) Vince vs. Ann In the first case, Ann who is eighteen years old visits Vince who is sixteen years old at his place of residence. In this case, Vince gets unwell while in the company of Ann who does nothing to assist him apart from putting him to bed. Several hours later, Vince decides to jump out of the window from the third floor and dies from the impact of the fall. First, due to the fact that the diseased died upon impact after jumping out of the window from the third floor, the defendant can be exempted from omission. If the death of the diseased occurred from the initial sickness where the defendant failed to alert rescuers, the blame can squarely be placed on her hands. However, if it can be established that the act of jumping through the window was as a result of the progression of the disease, the defendant can have a case to answer. The element of actus reus is not clearly established in this case hence the defendant appears exempt. Secondly, the diseased could have committed suicide which is not a liability in the hands of the defendant. Alternatively, it is difficult to ascertain if the defendant knew or aided in the commission of the crime. Alternatively, the defendant in this case will escape liability due to the fact that the initial crime she intended to participate in together with the defendant is not the same crime with what caused the death of the diseased. in this case suicide.Hide
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