CRJ306 Respond No person shall cause the death of another as a result of committing another criminal act, Law Assignment Homework Help
Response 1
Wright (2013) writes, “No person shall cause the death of
another as a result of committing another criminal act” (3.1).Unlike first
degree murder, where plotting and planning is involved, manslaughter is different.
When pertaining to manslaughter, the death caused by another is accidental, but
is still the taking of another’s life. There are different types of
manslaughter, including involuntary manslaughter, which the text describes as
killing another person without intention and during the time when an additional
crime is being committed. Let’s say, I am attempting to steal a very expensive,
very sharp steak knife, from a high-end store. While attempting to flee (the
store), I accidentally run into a customer stabbing him in the chest and
killing him instantly. I, therefore, would be charged with involuntary
manslaughter. Negligent homicide occurs when another human being dies because
of the utter criminal carelessness of someone else. For instance, Sally takes a
Soma, which is a potent muscle relaxer that causes drowsiness, and decides to
go for a drive on the local expressway. She arrives at a local bar and opts to
only have two drinks. After her drinks, Sally then gets back into her car and
on the expressway to head home, but falls asleep. Sally awakens, a few hours
later, in the hospital, handcuffed to a gurney. After she had fallen asleep at
the wheel of her car, Sally collided with another car killing the driver and
all of her (the other driver’s) passengers. The officer at Sally’s bedside
informed her that she was under arrest and is being charged with the negligent
homicide of three people. This type of manslaughter (or killing of another) is
also not deliberate. Although these kinds of killings are not done deliberately
and/or with malevolence, they could be considered felony murders if the other
crime that was committed, at the time of the killing (of another), was a
felony. Those who commit these types of offenses are penalized, but less
harshly than evil, calculated murderers.
Daniel, M. (2010). Contemporary Exercises in Criminal Law.
Mason, Ohio: Cengage Learning
Wright, R. (2013). Introduction
to Law and Criminal Procedure. Retrieved from http://content.ashford.edu/books/AUCR306.13.1/
Response 2
Voluntary Manslaughter states “No person shall
knowingly, while acting under the heat of passion brought on by serious
provocation, cause the death of another” (Wright, 2013). Voluntary manslaughter is often referred to
as the “crime of passion” and is the most complicated of crimes involving
murder. This type of homicide occurs
during the heat of the moment and the person is out of control, the person’s
actions are not premeditated. An example
of this would be a couple of guys arguing over a game, the argument gets heated
and turns into a fight that gets out of control to where one person shoots and
kills the other. Involuntary
manslaughter states “No person shall cause the death of another as a result of
committing another criminal act” (Wright, 2013). Involuntary manslaughter occurs when the
offender commits a crime and causes the death of another person. An example of this would be a person who has
committed a robbery and shoots and kills someone while trying to escape. Negligent homicide states “No person shall
negligently cause the death of another” (Wright, 2013). This type of homicide occurs when a person
has the responsibility to act but acts negligent instead and ends up resulting
in a death. An example of this would be
someone that gets distracted by talking or texting on their phone and causes an
accident that kills another driver.
Felony murder states “No person shall intentionally cause the death of
another while committing or attempting to commit or fleeing from the commission
of a felony” (Wright, 2013). The
offender must be committing a crime, attempting to commit a crime or fleeing a
commissioned crime that results or causes the death of another person. This rule could apply to voluntary and
involuntary manslaughter.
References:
Wright, R. (2013). Introduction to criminal law and
procedure. San Diego, CA: Bridgepoint Education, Inc.
Response 3
The crimes of robbery and extortion are both alike and dissimilar. Likewise,
both crimes are equally wounding to its sufferers. The text explains
robbery as the unlawful taking of another’s property by way of bodily force or
by the implication that bodily harm would be inflicted. Wright (2013) states,
“Extortion is also referred to as blackmail” (5.3). Extortion is when one
compels another (via threats and/or threats of bodily injury) to give money
and/or other goods to them in order to avoid the exposure of his or her
unfavorable act or behavior. They are both alike because they are harmful, and
they put the victim(s), of these crimes, well-being and/or mental state in
jeopardy, they both take from another by using sinister and/or aggressive
tactics and they both leave their victims in a panic. They differ because the
impairment of robbery victims is more immediate, but the damage to the victims of
extortion is, often times, more distant and reoccurring. Victims of robbery (or
robberies) do not want their property taken from them, but extortion victims
are more inclined to hand over their property (to avoid exposure).
Unfortunately, oftentimes, victims of crimes are blamed when violated. Some
robbery victims, such as those who are victims of home invasions, are,
sometimes, blamed for not fortifying their home efficiently. Even if all doors
are unlocked and windows are wide open, never is that permission for someone to
enter into another’s house and rob him or her. Extortion victims are also
blame, at times, because of what they did. In my opinion, no matter the
circumstances, it is inexcusable to place guilt on the ones who were violated.
Each and every one of us is responsible for our own actions, good or bad.
Wright, R. (2013). Introduction to Law and Criminal Procedure.
Retrieved from http://content.ashford.edu/books/AUCR306.13.1/
Response 4
There are multiple types of robbery such as armed robbery and unarmed
robbery. A typical armed robbery statute
might read: No person, while committing a theft offense shall use, display,
brandish, or threaten the use of a deadly weapon (Wright, 2013). In an unarmed
robbery, the robber uses verbal threats and physical force to get what they
want. A sample extortion statute might
read: No person, with the purpose of obtaining a valuable benefit, shall
threaten to expose another to ridicule or to damage their reputation (Wright,
2013). Extortion is the same as blackmailing someone, the extortionist
will threaten to expose something embarrassing or humiliating from the victim’s
personal life if they don’t hand over what they want, usually money.
Both types of these crimes are harmful to the
victim in many similar and different ways, they can both create long lasting
psychological issues in their victim’s lives. Robbery would be more
physically harmful to the victim, this could range from being beaten or stabbed,
to possibly being shot and killed. A robbery is usually quick and fast
and you only lose the valuables that were on you at the time of the robbery.
Extortion can last days or even weeks and cost the victim thousands
of dollars if they choose to pay. Even after the victim pays the
extortionist, they can still turn around and request more money from the victim
or they can still expose what the victim wanted to hide and keep secret.
Extortion could be more psychologically stressful if the extortionist keeps
preying on their victim for more and more money. Robbery and extortion
are somewhat similar in some aspects and different in others. Both crimes
involve a thief that tries to steal valuables from the victim. The
difference is that a robbery uses the threat of physical force, while extortion
uses the threat of embarrassment and ridicule on the victim to get what they
want. The victims of both of these
crimes should not be held responsible for the crimes that were committed
against them, even if the may have made themselves an easy target for these
crimes. If the victim was doing something illegal that helped single them
out for extortion, they should be charged with the appropriate offenses along
with the extortionist.
References:
Wright, R. (2013). Introduction to criminal law and procedure. San Diego,
CA: Bridgepoint Education, Inc.