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.
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It is interesting to know how the law operates in that with present facts and circumstances, law enforcements differ from its corresponding forms of punishment. The case study discussed is of Susie a driver who hits her criminal law professor who then was confirmed dead. The four different crimes that one is likely to be affected are is capital murder, secondly, voluntary manslaughter, thirdly, involuntary manslaughter, and negligent homicide. This could lead to a sentence or rather, the decision of the court varies depending on the evidence given. However, capital murder is not punishable by death exclusively.
Capital murder can be defined as the act of killing someone without a reason or justification (Byrd et al. 2016). In this case scenario, Susie hits the criminal law professor and kills him however, she 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 states that a person shall be charged with capital murder after being found guilty of killing. 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 and that one can be charged with a very high penalty. The accused can be fined $20,000 or even more and that Probation can also happen. Else, the accused can be jailed for a minimum of three years up to eleven years. The law is 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.
Susie can also be charged with Involuntary manslaughter, whereby the law is against it. 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. The lowest jail imprisonment for involuntary manslaughter could be eight years imprisonment, other charges include fines, probation, or any other, depending on the court and the country you are in (Adside, 2018). 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 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. I have experienced such a case in my life, where a relative was involved in reckless driving and ended up killing the victim, which was charged by the court of law as negligent homicide. According to the statute, the average jail penalty for 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.