ATTACHED NEEDS REVISED
ORIGINAL WORK ONLY
Follow the assignment guidelines as discussed in the syllabus. Susie leaves school and, while driving home, hits and kills her criminal law professor. Outline a changing set of facts and circumstances which would make this an offense of capital murder, voluntary manslaughter, involuntary manslaughter, and negligent homicide.
iF YOU SUBMIT A DOCUMENT WITH LESS THAN 700 WORDS AND FOUR REFERENCES YOUR SCORE WILL BE REDUCED AUTOMATICALLY.
Written Assignments – Topic Papers The students will be presented with scenarios that require a resolution by the student based on information in the textbook. Grades for problems will be based on the student’s ability to recognize and discuss the issue. Each assignment is worth 50 points. (50 points X 2 assignments = 100 total points). The ultimate answer is not as important as the student’s ability to recognize the issues and apply the law to the facts in the scenario. The response should include a statement of the law relevant to the issue and application of that law to the facts. These answers should be at least 700 words, double-spaced 12 point font, one inch margins. Students shall reference the text at least FOUR (4) times in each paper and include a word count and bibliography (i.e., formal citation of the textbook) at the end of the paper. Internet sources will not be allowed. References must ONLY come from the text. However, the references must be independent (no doubling up of references). Written assignments are designed to aid you in critically thinking about a variety of criminal justice topics and to get you engaged in the problem solving process. They may be utilized in the discussion board to stimulate dialogue and to prompt any questions you may have about the criminal justice system. Your responses should be thorough and scholarly. Avoid jargon and street language as you are completing each of the responses to these questions. For instance, “cop” is generally unacceptable, “police officer” is preferred. A person may be “mentally ill” or “legally insane,” not “nuts”. Complete responses must be submitted by 11:59 P.M. EST pm the date due by posting through Blackboard. It is YOUR responsibility to make sure you have correctly attached the file and submitted the work. You can do this by going into your grade book and clicking on the green asterisk (!) to see what files attached. Scoring Rubric – 50 points total · Length, grammar construction of paper – 10 points Paper less than 700 words, poor grammatical usage, poor document construction – 0- 3 points. Paper 700 + words, many grammatical problems, moderate document construction 4 – 6 points Paper 700+ words, few grammatical problems, good paper construction 7 – 10 points · Theoretical Source work – 10 points No theoretical component, insufficient cites used, internet sources, no bibliography, theory cited not explained. Uses no references, the wrong references (internet, Wikipedia) or uses the same cite repeatedly. 0 – 3 points Theoretical component lacking substance. Theory referenced but not explained mistakes with theory/citations. References not clearly marked. Some overlap on citations used. 4 – 6 points Well cited, four references well marked in the text including page numbers, Citations/theory cited correctly. Bibliography well documented. 7-10 points · Critical thought 10 points No expansion of theory – no insight. Does not relate own experience/observations to paper. 0 – 3 points Some expansion of theory – little to moderate insight. Relates experience somewhat accurately. 4-6 points Expands theory to own experiences and observations. Questions/confirms text/citations with own insight. 7-10 points. · Fits Assignment Parameters 20 points Assignment not followed. Does not address topics as noted. 0 – 5 points Follows some aspects of assignment, but does not address all topics sufficiently 5 – 15 points Addresses all aspects of assignments and goes beyond parameters as spelled out in the assignment 15 – 20 points · Referencing examples: Direct – As stated by the Schmalleger, “At common law, all attempts were punishable as misdemeanors. (Schmalleger, pg. 117). Indirect – Schmalleger (2006 pg. 117) notes that all attempts were punishable as misdemeanors at common law. Bibliography page: Schmalleger, Frank (2006). Criminal Law Today An Introduction with Capstone Cases, 3e. Upper Saddle River, NJ: Pearson / Prentice Hall. Internet sources and information will not be used.
It is interesting to know how the law operates. This paper will look at a case where a driver hits a criminal law professor who then was confirmed dead. According to the law, this lady can be charged with four different crimes despite having just committed one crime. Some of the charges that the driver could be found guilty of are as follows. One of the charges is capital murder, secondly, voluntary manslaughter, thirdly, involuntary manslaughter, and finally negligent homicide. These charges are some of the cases where the driver could be found guilty. This could lead to a sentence or rather, the decision of the court varies depending on the evidence given. The following paragraphs describe the reasons why he could be charged with the different mistakes in the court of law.
According to (Byrd et al. 2016) Capital, murder can be defined as the act of killing someone without a reason or justification. In this case scenario, the driver hit the criminal law professor and kills him. He had no reason to kill him. In most cases, the only time you can be forgiven over capital murder is during self-defense. In this case, they were not in a conflict but the professor died after he was hit by the car. The driver may be charged with capital punishment or a life sentence. Capital punishment is allowed when a criminal was involved in the killing of other people. The law statement states that a person shall be charged with capital murder after being found guilty of killing someone. The accused will be charged with the death penalty or given a less time sentence of prison time.
The driver could also be charged with voluntary manslaughter. Voluntary manslaughter is committed when a person kills the other person knowingly Arisaka says. This could be triggered by the misunderstandings they had or else, emotions. The court is against voluntary manslaughter. In the court of law, voluntary manslaughter s charged with a very high penalty. The accused can be fined $20,000 or even more. Probation can also happen. Else the accused can be jailed for a minimum of three years up to eleven years. The law statement against voluntary manslaughter states that any person found to be guilty of committing voluntary manslaughter will be fined under the title or imprisoned for not more than 15 years or both.
Involuntary manslaughter can also be charged against the driver. Involuntary manslaughter is the act of killing someone due to recklessness. In this case, the driver could have been driving carelessly and therefore led to the death of the criminal law professor. The driver could be imprisoned, fined, or given probation. According to (Adside, 2018) The lowest jail imprisonment for involuntary manslaughter could be eight years imprisonment, other charges include fines, probation, or any other, depends on the court and the country you are in. The law states that any person who is found to be guilty of committing involuntary manslaughter will be fined under the title or receive imprisonment of not more than 8 years. The person can also be charged with both fine and imprisonment.
Negligent homicide is a criminal charge against a person who unintentionally allowed the other person to die. This is mainly through criminal negligence. The act of the driver hitting and killing the law professor can be concluded to be a negligent homicide. You can assume that the driver was texting and lost control to hit the professor. The charges against negligent homicide vary in different countries. According to statute, the average jail penalty of negligent homicide ranges from between six months up to ten years. The statute states that whoever is found guilty of negligent homicide will be fined under the title and will be imprisoned for not less than six months.
In conclusion, Learning the law and understanding the basics of the law can help a person escape from committing offenses. It is saddening to see how a single crime can be turned into many accusations. It is not a wonder to see the court charge a person for all the charges, the criminal has been found guilty of after doing only a single crime. The law could have been implemented to protect us, but it is evident that in a way, it violates or manipulates the people it is protecting.
Adside III, C. (2018). The Innocent Villain: Involuntary Manslaughter by Text. U. Mich. JL Reform, 52, 731.
Arisaka, R., & Satoh, K. (2016, November). Voluntary manslaughter? a case study with meta-argumentation with supports. In JSAI International Symposium on Artificial Intelligence (pp. 241-252). Springer, Cham.
Byrd, G., Coleman, S., & Price, K. (2016). Examination of Capital Murder Jurors’ Deliberations: Methods and Issues. Administrative Issues Journal: Connecting Education, Practice, and Research, 4(2), 42.