Legal & Social Dimensions of Personal Crime Homicide

Legal&amp Social Dimensions of Personal Crime: Homicide

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Legal&amp Social Dimensions of Personal Crime: Homicide

In chapter 7 i.e. Legal &amp Social Dimensions of Personal Crime:Homicide of their book, Criminal Law Today, FrankSchmalleger, Daniel Hall, and John Dolatowski provide a comprehensiveaccount on the meaning of homicide and its different categories.Schmalleger, Daniel &amp Dolatowski (2010) assert that homicide is ascenario where a human being kills another human being or a slayingof a person by the doing, procurement, or error of another person.For example, most jurisdictions perceive mercy killing as homicide.Schmalleger, Daniel &amp Dolatowski (2010) categorize homicides intothree types i.e. criminal, excusable, and justifiable homicides wherecriminal homicides are killings that have criminal liability i.e.they are neither justifiable (permitted under law) or excusable(involve fault but lacking criminal aspects).

Homicides exist in three categories i.e. manslaughter, murder(unlawful slaying with malevolence aforethought), and negligenthomicide, although there exists dissimilarities between first andsecond-degree murder, and voluntary and involuntary manslaughter. Themain difference between manslaughter and murder is that although bothare unlawful and involve killing, there is no malice in manslaughter.People commit voluntary manslaughter in response to provocation,which must be is adequate and lead a person to lose control.

The alive requirement is the most significant element of a criminalhomicide since the target need have existed alive prior to the deed.However, the definition of death cultivates numerous challenges indefining criminal homicides and the indispensable element of killing. Still, many prerogatives have embraced the UDDA in delineatingdeath. Further, criminal homicides must be caused by omission toaction, a confirmatory act, or an unlawful negligence, although otheracts may be in play. The corpus delicti (i.e. the criminal act causedthe death) is a significant factor in establishing the guiltiness ofa person in criminal homicide charges.

References

Schmalleger, F., Hall, D. E. &amp Dolatowski, J. J. (2010). Criminallaw today (4th ed.). Upper Saddle River, NJ: Pearson Learning