CRIMINAL LAW AND PROCEDURE
Eclpse1
crj306week4discussion2feedback.docxDefine the crimes of voluntary manslaughter, involuntary manslaughter, and negligent homicide.
Provide examples for each type of homicide.
Evaluate whether the felony murder rule would apply to any (or all) of the three crimes?
THIS ASSIGNMENT ABOVE IS COMPLETE YOUR NEXT ASSIGNMENT IS TO…
Respond to at least two of your classmates’ posts… 200 WORDS EACH….TWO RESPONSES…EQUALS 400 WORDS TOTAL….
WHILE RESPONDING TO THE STUDENT’S FEEDBACK YOU MUST ANSWER THE FOLLOWING QUESTIONS…
Focus on how mens rea affects the type and degree of homicide and how it shapes the charge that can be proven in court.
Remember; do not merely agree with your classmates without additional information. A substantive response advances the discussion in a meaningful way; merely agreeing with your classmates is not a substantive response….
FIRST STUDENT RESPONSE FROM Jhensenn Reyes
Voluntary Manslaughter: "Voluntary manslaughter might be described as "murder with an excuse." The excuse does not relieve the killer from criminal liability, but it does reduce the punishment".(Wright 2013) In my own words voluntary manslaughter is something that happens while enraged, and under a lot of pressure to the point where one might have a nervous breakdown depending on the mental state of well-being of that individual. This may happen if a men or women is maliciously mistreated and abusively towards each other at one point one or the other is going to react with some kind of deadly force.
Involuntary Manslaughter: Involuntary manslaughter is a murder that was cause by negligence. It may have been an accident, but the evidence has to overrule voluntary manslaughter. An example of this is let's say Billy and Bob decide to clean their personal weapons, and one of them accidently discharges his weapon and shoots the other, this is an example of involuntary manslaughter. It was unintentional although the life of a human been was taken by the hands of a human being.
Negligent Homicide: Negligent homicide is somewhat very similar to involuntary manslaughter, but the difference is that in negligent homicide it is simply an accident, or simply an act without malicious intent. For example in the state of Florida there has been many deaths caused by motor vehicles operated by people that are DUI. If this person crashes into another vehicle and kills those people this may be consider a negligent homicide.
I believe all three fall under the felony murder rule they are in fact a homicide. Whether negligent or not it does not change the fact that someone has taken the life of a human being. In some circumstances the severity of each may differ from the punishment that they will be given depending on the statute of law of the state.
SECOND STUDENT RESPONSE FROM: Noah Courtney
Voluntary Manslaughter
Our text describes voluntary manslaughter as “Causing the death of another while acting under the heat of passion brought on by serious provocation by the victim.” (Wright, R. 2013)
For example, if I had entered my house to find my spouse having an affair. Instantly I would be in an outrage, I would be overcome by feelings and emotions that would cause me to lash out. Without thinking and not being in my right state of mind I would kill the person. This is considered me acting in the moment. “Voluntary manslaughter might be described as “murder with an excuse.” The excuse does not relieve the killer from criminal liability, but it does reduce the punishment. Like murder, a charge of voluntary manslaughter requires one to knowingly cause the death of another.” (Wright, R. 2013)
Involuntary Manslaughter
Our text describes involuntary manslaughter as “Though unintentional, are caused by an offender committing another crime.” (Wright, R. 2013)
For example, if I had decided to rob a convenient store and in the middle of this armed robbery I decided to fire my weapon to get the attention and gain control of the others in the store and the bullet ricochets and enters into a hostage. If this individual dies because of the round I fired, it would be considered involuntary manslaughter. “Therefore, in order to prove the elements of involuntary manslaughter, the elements of the other crime must be proved. There must also be proof that the death occurred as a result of the other crime.” (Wright, R. 2013)
Negligent Homicide
Our text describes negligent homicide as “A person acts negligently when he or she has a responsibility to act but does not and the inaction results in death.” (Wright, R. 2013)
For example, if I am cleaning my firearm and decide to leave it on the kitchen table while I walk away to go to the bathroom and a child grabs the gun and shoots another child or themselves with the gun and the injured party dies, I would be guilty of negligent homicide. I would be guilty because I had not properly secured it. “Many states only criminalize deaths that result from negligent behavior if the death is the result of misusing a weapon, a traffic accident, or gross negligence.” (Wright, R. 2013)
Evaluate whether the felony murder rule would apply to any (or all) of the three crimes?
I do not believe that the felony murder rule applies to any of the three crimes. I feel this way because: voluntary manslaughter has no criminal intent or premeditation, it is an act of emotion and rage. “Voluntary manslaughter might be described as “murder with an excuse.” The excuse does not relieve the killer from criminal liability, but it does reduce the punishment.” (Wright, R. 2013) With involuntary manslaughter it is pretty much when one person accidently kills another person. Lastly, negligent homicide would not apply because negligent homicide is not the result of violent intentions but rather negligent actions.
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