What Aspects Of A Case Determine Whether One Is Guilty Of Murder Research Paper

PAGES
2
WORDS
682
Cite

¶ … Murder Kentucky defines murder as "a capital offense" that occurs when a person "with intent to cause the death of another person" does so. Thus, accidental deaths may not be categorized as murder. Also, in this state, if a person kills someone "under the influence of extreme emotional disturbance" and there is a logical reason for the disturbance, the defendant shall not be charged with murder. Manslaughter, however, will likely be the charge. Murder also includes operating a vehicle with "extreme indifference to human life" that results in loss of life to another person (KY Statutes 507.020 Murder, 1984). This law has been on the books for more than 30 years and is still effective in the same modality as when it was enacted in 1984.

From the standpoint of the theory of victim precipitation, the victim himself may actually be an accessory in his own murder if he initiates (actively or passively) the action that leads to his death. Thus, in such a circumstance, the victim would provoke the attack that causes the other person to murder him. Obvious provocation would be active, while unconscious provocation (which would not hold the victim accountable) might include any...

...

In such cases, the crime of murder may be viewed also as a hate crime, which would constitute a separate charge, but does play a role in the categorization of the relationship between victim and murderer.
In Kentucky there is no special categorization of murder that depends upon the relationship of the two individuals involved, though there is a statute regarding hate crime and this may be filed as a separate charge alongside a murder charge. The hate crime statute in KY states that if a person commits an offense "because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals" then that action is a hate crime. Also, if it is found that the primary motive of the offense is hate, then that may be a factor in the severity of punishment, including denial of probation, etc. (KY Statutes 532.031 Hate Crimes -- Finding -- Effect, 2000).

Thus, murder in Kentucky is primarily based on whether there is intent to kill or extreme willful negligence or indifference…

Sources Used in Documents:

References

Ewing, C. (2008). Insanity: Murder, Madness and the Law. UK: Oxford University

Press.

KY Statutes 507.020. (1984). LRC.KY.gov. Retrieved from http://www.lrc.ky.gov/statutes/statute.aspx?id=19717

KY Statutes 532.031 Hate Crimes -- Finding -- Effect. (2000). LRC.KY.gov. Retrieved from http://www.lrc.ky.gov/statutes/statute.aspx?id=20031.


Cite this Document:

"What Aspects Of A Case Determine Whether One Is Guilty Of Murder" (2016, March 07) Retrieved April 20, 2024, from
https://www.paperdue.com/essay/what-aspects-of-a-case-determine-whether-2160528

"What Aspects Of A Case Determine Whether One Is Guilty Of Murder" 07 March 2016. Web.20 April. 2024. <
https://www.paperdue.com/essay/what-aspects-of-a-case-determine-whether-2160528>

"What Aspects Of A Case Determine Whether One Is Guilty Of Murder", 07 March 2016, Accessed.20 April. 2024,
https://www.paperdue.com/essay/what-aspects-of-a-case-determine-whether-2160528

Related Documents

Both Andrew and Abby had been killed in a similar manner -- crushing blows to their skills from a hatchet (Tetimony of Bridget Sullivan in the Trial of Lizzie Borden). Just prior to the murder there was a great deal of conflict at the Borden house. The two living Borden sisters, Lizzie and Emma, occupied the front of the house, while Andrew and Abby the rear. Meals were rarely served

The actual court proceedings in a juvenile court consist of the arrest procedure, search and seizure, and custodial interrogation (Calderon 2006). The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rather than punishment is the court and the system's goal. But the major aspects of the juvenile justice system continue to hound its supporters. One is the cause of serious juvenile crime. Another

Chokshi, Carter, Gupta, and Allen (1995) report that during the critical states of emergency, ongoing intermittently until 1989, a low-level police official could detain any individual without a hearing by for up to six months. "Thousands of individuals died in custody, frequently after gruesome acts of torture" Those who were tried were sentenced to death, banished, or imprisoned for life" (Chokshi, Carter, Gupta, & Allen, ¶ 6). The enactment

Johnson and Johnson issued a public relations response immediately naming their number one priority: to aggressively protect any consumer from the potential hazards that may be present in any of their family of products. Symptoms of the Problem -- Quickly, the crisis reached epic nationwide coverage. The panic that ensued, somewhat as the result of the twenty-four hour media coverage, fueled this panic into a frenzy. One hospital in Chicago,

OJ Simpson Case
PAGES 5 WORDS 2117

O.J. Simpson Orenthal James Simpson, more commonly known as OJ Simpson, became the most popular man in the United States. This popularity was not due to him being a famous football player who had the greatest running backs in America or any of his roles as an actor, but because he was the defendant in the most publicized and popular murder case in American history. It was the 'Trial of the

Richard III was one of Shakespeare's earliest plays, and possibly aside from Titus Andronicus, one of his most brutal. This violence is contrasted with Shakespeare's use of supernatural elements such as dreams and curses, because these supernatural elements grant certain characters power who would otherwise be powerless in the face of the physical violence upon which Richard and his rise to power depend (even though Richard himself shies away from