Criminal Law Study Set 2
Quiz 9 :
Crimes Against Persons I
Brief summary of the case: Mr.S and Ms.D went to a local pub and had a nice time together.After some time they both came out of the club and were standing on the road for a taxi.Suddenly, Mr.S and Ms.D started to have an argument.Mr.S was shouting at Ms.D.After some time, Ms.D moved away from Mr.S. Mr.S pushed Ms.D over a standing truck and assaulted her.Then, Mr.S took a knife from his pocket and cut the throat of Ms.D.Mr.S stabbed Ms.D on her back and on her private parts.The police arrested Mr.S and he was given a death sentence by the court. 1) Definition of the terms: Willful: The court defined the term willful as doing an act with a particular purpose.The act contains a particular intention.The intention and purpose is to cause harm to the life of the individual. Deliberately: Deliberately refers to doing an act in a conscious and in a willful manner.The doer of the act will be conscious while doing the act. Premeditate: Premeditate refers to making a perfect plan before committing a particular crime. 2) The following acts show that Mr.S committed the murder willfully: • Mr.S and Ms.D were having arguments outside the club and Mr.S pushed Ms.D over the truck. • Mr.S's act of taking the knife and cutting the throat of Ms.D shows that the murder was done willfully. The fact that he was drunk cannot be admitted in this case because a drunken man cannot commit murder in such a perfect manner.a Mr.S cut the throat of Ms.D so that she cannot make any noise or outcry.He took her near to gas station where nobody was present.This was done by Mr.S as he wanted to ensure that nobody watches the murder committed by him.This act shows that Mr.S had premeditated the murder. 3) According to the facts presented in the case, Mr.S had committed a first-degree murder.The medical report says that Ms.D had severe injuries on her body.The left nipple of her breast was cut.The parts of her vagina had cut injuries.Mr.S stabbed her many times on her face and on her back. Hence, by considering these facts it is obvious that Mr.S had committed a first-degree murder. 4) The death penalty list: As per section 309 and 310, death penalty should be given to a convict if he had committed a serious felony causing death to the victim.The death penalty is not applicable if the defendant proves that he had not committed the crime willfully or deliberately.In such cases, the defendant is given a life sentence. In the current case, Mr.S had committed the crime willfully and deliberately.The injury in the body of Ms.D was unbearable.The private part of Ms.D was cut by knife.This is considered as a serious crime and hence the defendant should be given a death penalty. Conclusion: The court proved that Mr.S is the culprit.The unlawful killing of a human being constitutes a serious felony and a first-degree murder.The death penalty is the most appropriate judgment which can be given by the court.This capital punishment will stop the other people from committing unlawful murder.
Brief summary of the case: The police arrested Mr.L on the charges of first-degree murder for allegedly killing Mr.J.Mr.L and Mr.J left the gay bar together to Mr.J's room.The roommate of Mr.J came to the room and found that the room was opened, the stereo was playing loud, light was on, and some blood stains were found on the bed. The roommate of Mr.J informed the police and subsequently the police found the body of Mr.J in the bathroom floor in a pool of blood.The police arrested Mr.L after proper investigation. 1) Definition of the terms: Heinous: The court defines heinous as the hateful or indigestible act done by a person especially while committing a murder or any other crime. Atrocious: The court defines atrocious as the fierce, cruel, and unpleasant act done by a person while committing a murder.The atrocious act leaves a shock in the minds of the people. 2) The following are the facts that prove the heinous and atrocious act of defendant: The fact of the defendant in murdering his own gay friend after a gay party is heinous.The act of murdering a friend after a party is indigestible.The defendant murdered his friend in his room.These facts prove that the murder was heinous. The defendant left the lights on, the stereo was loud, and the defendant stabbed the victim all over his body.This shows the act of cruelty done by the defendant.The court can use these facts and declare the murder as heinous and atrocious. 3) Arguments in favor of classifying the act as heinous and atrocious: The fact of the defendant in murdering his own gay friend after a gay party is heinous.The act of murdering a friend after a party is indigestible.The defendant murdered his friend in his room.These facts prove that the murder was heinous. The defendant left the lights on, the stereo was loud, and the defendant stabbed the victim all over his body.This shows the act of cruelty done by the defendant.The court can use these facts and declare the murder as heinous and atrocious. Arguments against classifying the act as heinous and atrocious: The defendant committed the murder by stabbing the victim with his knife.Normally, many murders happen in a worse manner.The victim gets killed brutally by beating to death and cutting the private parts.In some cases, the victim gets gang raped by a group and then killed brutally. However, in this case, the act of the defendant was not much ferocious when compared with the other brutal killing.The court should classify only the brutal and ferocious killing activities as heinous and atrocious.Mere stabbing should not be classified as heinous and atrocious. Conclusion: The murder committed by Mr.L is atrocious and heinous.The defendant killed his own gay partner using a knife in a brutal manner.The defendant killed the victim in his own house.The victim had faith in the defendant and took him to his house but he was killed by the defendant.Hence, Mr.L deserves punishment for the crime committed by him.
Brief summary of the case: Mr.T employed Mr.H, a 19-year old boy, in an oak tree business.The behavior and the performance of Mr.H were not satisfactory.Hence, Mr.T obtained permission from Mr.H's parents for taking disciplinary actions against him.After he obtained the permission, Mr.T took Mr.H nearby the edge of the campus, removed his pants, and beat him with a rubber hose for about 30 minutes. After this disciplinary action, the behavior of Mr.H was good.Later on, the behavior of Mr.H worsened.Hence, once again Mr.T took Mr.H to the edge of the campus and beat him with rubber hose after removing his pants.Subsequently, Mr.H died after 10 days of the punishment.The police arrested Mr.H on grounds of second-degree murder. 1) Facts to prove the mental attitude of Mr.T: Mr.T had a cruel mental attitude towards Mr.H.The act of beating a 19-year old boy after removing his pants shows the ruthless attitude of Mr.T.In addition to that, Mr.T beat him with a rubber hose.Mr.T did this act twice without considering the fact that Mr.H was bleeding to death.This attitude proves that Mr.H had a cruel mental attitude. 2) The elements required for a second-degree murder: The second-degree murder refers to the act of killing without involving the willful consent and deliberation of the murderer.The following are the mental elements required for a second-degree murder: • The offender performs the act of killing or murder without any meditation.The intent to cause harm to the other person was present. • A killing or murder that involves an accidental death while causing harm to the other.The intention to kill exactly was not present. 3) Mr.X's opinion on Mr.T's guilt: According to Mr.X, Mr.T is guilty of murder.Mr.X took Mr.H to some remote place and beat him with rubber hose on his bare body.Mr.H started to bleed after that incident.Later on, Mr.T took Mr.H once again to a remote place and repeated the same cruel act.Mr.H was bleeding and he could barely walk. Subsequently, Mr.T did not give any medical treatment to Mr.H.Some days later Mr.H died and the doctor identified that the harm caused by Mr.H is the primary reason for the death of Mr.H.Hence, Mr.H deserves appropriate punishment. 4) Alternative punishment to Mr.T upon considering the fact that he did not fall under the category of second-degree murder: As per the court, Mr.T is guilty for committing a second-degree crime.If he is not guilty for second-degree murder, then the court should punish Mr.T under criminal homicide.Mr.T has caused a serious harm to Mr.H twice.Mr.H was bleeding and he could barely walk.Therefore, the sentencing of Mr.T for criminal homicide is justifiable. Conclusion: The act of Mr.T constitutes a second-degree murder.He deserves appropriate punishment.The act of Mr.H had cost the life of an innocent boy.The court should find Mr.T guilty and punish him according to the law.