Crimes Vs. Civil Wrongs Civil Term Paper

Length: 4 pages Sources: 2 Subject: Criminal Justice Type: Term Paper Paper: #46516521 Related Topics: Crime, Crimes, Civil Law, Tort Law
Excerpt from Term Paper :

A misdemeanor is punishable up to a year in a country jail (Cooley).

In the case of Bill and Joe, Bill's action fulfills all the four elements required to prove a criminal threat. If Bill became successful with his threat, he could have killed or severely injured Joe with the bat. His words conveyed his intent to kill Joe. The intent was clear and complete from his utterance. The threat was fatal. Second, Bill's utterance expressed a specific intent to kill Joe and that he meant Joe to receive it as such. Bill may or may not have been able to carry his threat out, but his intent was clear and complete from his very statement. Third, the context and circumstances in which Bill made the threatening statement also convey the same fatal intent. Bill had been giving Joe a hard time about the latter's tardiness for several days. Bill could have taken suspected that Joe intentionally retaliated when Joe accidentally hit him with a ball. And fourth, the verbalized threat was unmistakably clear, unconditional, immediate and specific. The words were precise and to the point. They sounded immediate, as Bill already held the bat in his hand and charged at Joe. The threat of death or grave bodily hard was specific upon Joe. Bill's clear words and the act of charging Joe and with the bat in hand also presented the factor of immediacy. The weapon was present and visible and accompanied the verbal threat. Bill need or need not demonstrate the immediate ability to carry out his threat. But the words he used were of an immediately threatening nature and conveyed the immediate performance of the fatal or serious threat. Bill's verbal threat and act of charging Joe with a bat were enough to evoke sustained fear in Joe. The conditions were enough to prove a criminal threat against Bill.

Negligent homicide is the killing of another person through gross negligence or without malice, while unintentional homicide or killing is conduct, which creates substantial and unjustified risks of death (Collins 2002)....

...

It is classified into criminal reckless manslaughter, criminal negligence manslaughter and unlawful or misdemeanor manslaughter. The Mens Rea element consists of the creation of risk, which results in the killing or serious injury of another person, whether out of negligence or recklessness. The Actus Reus, on the other hand, is the act itself, which constitutes the criminal offense of killing another person. The circumstance is the death, which occurs as the consequence of the unlawful act. Its cause is any act, which sets off the chain of events, leading to the death of the person. A person commits manslaughter if his act leads to the death of another person in circumstances, which would constitute murder except under some reasonable excuse. Extreme emotional disturbance is reasonable excuse (Collins).

The unlawful killing of a human without deliberation is involuntary manslaughter. It is an act, which is performed under duress, force or coercion. Although involuntary manslaughter is unintentional, the person who commits is can be charged if he or she intentionally encouraged an act, which results in someone's death. The charge may also be made against a person who intentionally encourages the performance of a reckless act, which results in the death of another person. This can be committed by providing support or abetting and despite the requirement for intent or purpose (Collins).

The court decides whether an act constitutes involuntary manslaughter, negligent homicide or depraved-heart murder (Collins 2002). Subjective fault is deemed worse than objective fault. The guilt is stronger if the act is performed despite the awareness of a risk and only out of lack of concern. It is legally and morally worse (Collins).

Bibliography

1. Coleman, J. (2003). Theories of Tort Law. Stanford Encyclopedia of Philosophy. http://plato_Stanford_edu/entires/tort-theories

2. Cooley, S. (2001). Stalking and Criminal Threats. California Penal Code 422. Los Angeles County District Attorney's Office. http://da.co.la.ca.us/pdf/stalking.pdf

3. Collins, K.M. (2002). Negligent Homicide/Involuntary Manslaughter. International Encyclopedia of Justice Studies. http://www.iejp.com/Law/Criminal_Law/Negligent_Homicide-Manslaughter.htm

Sources Used in Documents:

Bibliography

1. Coleman, J. (2003). Theories of Tort Law. Stanford Encyclopedia of Philosophy. http://plato_Stanford_edu/entires/tort-theories

2. Cooley, S. (2001). Stalking and Criminal Threats. California Penal Code 422. Los Angeles County District Attorney's Office. http://da.co.la.ca.us/pdf/stalking.pdf

3. Collins, K.M. (2002). Negligent Homicide/Involuntary Manslaughter. International Encyclopedia of Justice Studies. http://www.iejp.com/Law/Criminal_Law/Negligent_Homicide-Manslaughter.htm


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