Criminal homicide has been rated as the most serious of all the crimes as the life of a human being is taken away without any excuse or any justification. Homicide arises where an individual takes the existence of another whether deliberately or in similar circumstances. It incorporates both by inattention or willful intent along with accidents. In addition, the verdicts for these misdemeanors fluctuate depending on the category of the offenses. The three types of murder include justifiable homicide, excusable homicide, murder and man slaughter (Lippman, 369-371). When criminal homicide is categorized as murder or man slaughter, the distinction comes in the involvement or the absence of malice in the crime. In the case of killing, the crimes can arise from extreme cases of neglect on the part of the perpetrator or as a consequence of criminal act.
Rated as the mainly serious of all crimes, murder can be divided into first as well as second degree murder. The first measure slay occurs where the indicted person planned to end by killing the life of the sufferer. His actions involved intractable and calculated killings. In most situations, the persons who have been convicted of murder will face a death penalty charge. Second-degree murder arises in cases when it is hard to prove that the murder planned the killing but they intended to kill the life of the victim by their actions.
This arises out of accidental circumstances where one can lose their lives. At times, it can be voluntary killing which can be committed in the heat of the moment or involuntary manslaughter which is not done on purpose and the results from illegitimately reckless or neglectful conduct or from low intensity unlawful activities.
In this case, the injured party dies as the murder tried to circumstances surrounding self-protection. The crime can arise in line of duty and may include sate executions, or even homicides by the police when on duty (Emanuel, 72). In addition, death may occur when someone is defending another, for example a family member. The perpetrator of the offense is at all times perceived as noncriminal murderer. Felony murder arises in situation where a person dies when they are omitting a felony. This is despite of whether the passing away is anticipated, accidental, reckless or not.
According to (Gardner and Terry) excusable homicide is the killing of human beings by misadventure or in self-defense of negatively in cases some civil fault, error or omission on the part person who commits homicide (232). The extent of the fault does not fully constitute a crime. At times, the murder may occur as the accused escapes the sight of a criminal act.
Negligent murder occurs when handling things like dangerous weapons, explosives, or fire when a person causes the death of another by neglecting the operational rules in handling those dangerous things. At times, the death may affect an unborn child but this does not apply to health care practitioners operating within their practice.
The social policy behind euthanasia laws
Euthanasia occurs when a person kills another as an act of mercy so as to end their suffering. In this case, the individual purposely or consciously offers the way of demise to a different individual so that the other being can use them to obligate suicide. For instance, prescribing of a toxic remedy to patient who wants to end their life. The common policy is against euthanasia due to the value placed on human existence. McConnell argued that the allowing of active voluntary euthanasia is a consent alienation of the right to one’s living (92).
Emanuel, Steven. Criminal Law. Austin: Wolters Kluwer Law & Business/Aspen Publishers, 2007. Print.
Gardner, Thomas J, and Terry M. Anderson. Criminal Law. Australia: Thomson/Wadsworth, 2009. Print.
Lippman, Matthew R. Contemporary Criminal Law: Concepts, Cases, and Controversies. Thousand Oaks, Calif: Sage Publications, 2010. Print.
McConnell, Terrance C. Inalienable Rights: The Limits of Consent in Medicine and the Law. Oxford: Oxford University Press, 2000. Internet resource.