Personal Crime Analysis

Personal Crimes Analysis

In this paper I will identify and define the different types of

homicide and how they are associated with other forms of

personal crimes such as assault, battery, mayhem, rape and

statutory rape. Homicide is the killing of one human being by

another human being by the act, omission or procurement. There

are different levels of murder rather a person intended to kill or

not, depending on circumstances of the case will determine what

the defendant will be charged with. Homicide has three different

types; justifiable, excusable and criminal. I will discuss what they

mean and provide examples. Nationwide there were approximately

14,748 deaths in 2010. Personal crimes such as assault which

means the threat of or physical attack can lead up to more serious

crimes such as rape, burglary, battery, mayhem and even murder.

Homicide can be defined in several ways such as justifiable,

excusable, criminal, voluntary or involuntary manslaughter,

murder in the 1st and 2nd degree, but they all mean taking the life of

another human being. Justifiable homicide are those killings that

are permitted under the law, such as soldiers or police officer in the

line of duty either taken down an enemy in war or attempting to

make an arrest and the suspect threatens another's life in any way.

"The killing of a felon, during the commission of a felony, by a

private citizen Because these killings are determined through law

enforcement investigation to be justifiable, they are tabulated

separately from murder and non-negligent manslaughter"

(Government, 2010). The process of execution is

also justifiable, when a defendant is sentenced to death.

Excusable homicides are the killing of another human being

without intent, without evil or criminal activity. In other words a

automobile accident that leaves someone dead without the

defendant being negligent. Criminal homicide is when the

homicide has criminal liability. Homicides that can't be

classified as justifiable or excusable generally fall under criminal

homicide. An example would be a person that gets upset with

another person and decides to kill them.

Under common law murder and manslaughter are graded into two

separate offenses. The presence of malice must be present for a

murder to occur, manslaughter is the absence of malice.

Manslaughter has voluntary and involuntary, whereas murder has

1st degree and 2nd degree. "Voluntary manslaughter is often called

a "heat of passion" crime. Voluntary manslaughter arises when a

person is suddenly provoked (in circumstances which are likely to

provoke many reasonable people) and kills in the heat of passion

aroused by that provocation. That the killing is not considered first

or second degree murder is a concession to human weakness"

(Berman). Although a killer that kills in the heat of passion

very well may kill intentionally, due to the emotional context

that prevents their behavior from fully being in control, reduces

their moral blameworthiness. A person that walks in on their

in the act of committing adultery and kills one or both people from

loss of control of their emotions, without having enough time to

cool of or even think, could be charged with voluntary

manslaughter

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