Manslaughter And Involuntary Manslaughter

Unlawful Act Manslaughter (UAM) and Gross Negligence Manslaughter (GNM) are two types of Involuntary Manslaughter. Manslaughter occurs in many cases in relation to death where a defendant may be liable for manslaughter as a lesser sentence as an alternative to murder. There are elements to each type of manslaughter where they can be assessed in accordance to each case. This project will explore, whether the law is satisfactory in regards to a drug user who has either merely supplied drugs to a user or assisted in administering the drugs. The project will also take into consideration whether the law draws distinctions in relation to the level of assistance given and whether a duty exists between such parties of a drug user.

For gross negligence manslaughter the first critic is the tests is circular as the jury are told to convict of a crime if they think the conduct was criminal, it is not clear as there is no sequence of reasoning as the arguments goes around; it’s a crime because it’s criminal. In addition to this the test is also criticised as it leaves the jury to decide a question of law which would lead to inconsistent verdicts as all depends on what the different juries think. Gross negligence manslaughter was criticised on the fact it was unclear whether the risk had to be of death or whether risk of serious injury was sufficient enough to prove gross negligence manslaughter, this point was clarified in the case of R v Mirza where it was held that the

     Rape is a physical attack, not sex. Rape crisis counselors and researchers define rape as an act of violence in which sex is used as a weapon (Benedict 2). A woman is raped in this country every two minutes. Between 1996 &1999 7,787,00 rapes were reported. The

Prompt 1) Discuss and characterize the differences between committing a crime purposefully, knowingly, recklessly, and negligently (be sure to use examples and to distinguish clearly, in particular, between acting knowingly and acting recklessly). Given this analysis, what might explain why we blame a purposeful crime more than a reckless one?

3. Arkansas Code Ann. § 5-10-104 – (a) A person commits manslaughter if: . . . (2) The person purposely causes or aids another person to commit suicide[.];

The criminal code for manslaughter with a firearm is 4 years imprisonment but for any other case, they can be imprisoned for life.

Sexual Assault described in technical terms is defined as any sort of sexual activity between two or more people in which one of the people involved is involved against his or her will. (3) The description of "against his or her will" extends to varying degrees of aggression, ranging from indirect pressure to a direct physical attack. While sexual assaults are associated with the crime of rape, it may cover assaults which would not be considered rape. What constitutes a sexual assault is determined by the laws of the jurisdiction where the assault takes place, which vary considerably, and are influenced by local social and cultural attitudes. Every year, an estimated 300,000 women are raped and 3.7 million are confronted with unwanted

In the case discussing Jim Aikens when discussing the charges he should face in regards to the mailman he could be charged with voluntary manslaughter. Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill. The situations leading to the killing must be one that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder. On the spectrum of homicides, this offense lies somewhere in between the killing of another with malice aforethought such as murder and the excusable, justified, or privileged taking of life that does not constitute a crime, such as some instances of self-defense.

Women tend to be the overwhelming victims of sexual assault and rape while men tend to be the perpetrators. According to the National Sexual Violence Resource Center (NSVRC), one in five women and one in seventy-one men will be raped at some point in their lives. Unfortunately, the overwhelming majority of victims are women who have been victimized by men. There are two major forms of sexual assault, which includes non-consensual forced physical sexual behavior such as rape or sexual assault. The second type of assault is the Psychological form of abuse, such as sexual harassment, stalking, human trafficking, and indecent exposure and the targets of exhibitionism, especially children.

In the United States the degrees by which a person can be charged with killing another person vary; the degrees of murder include first, second, and third degree murder, the definitions of which can vary in legal terms from state to state. These charges are considered to be legally separate from voluntary manslaughter, involuntary manslaughter, and justifiable homicide which each have their own definitions (Cole, Smith, & DeJong, 2014). Each type of murder, manslaughter and homicide is determined by intent and negligible behavior and each will be examined in this paper (Cole et al., 2014).

     Sexual assault is a term that is used interchangeably with the word rape. The decision on whether or not to use the term rape or sexual assault is made by a state’s jurisdiction. Sexual assault is more readily used in an attempt to be more gender neutral (National Victim Center). Sexual assault can be most easily described as forced or unconsentual sexual intercourse. The individual that is performing these acts on the victim may either be a stranger or an acquaintance. In 1994, 64.2 percent of all rapes were committed by someone the offender had previously known (Ringel, 1997). Regardless, this type of crime can have extreme effects on the victim.

A crime in America that is committed all too often is the act of forcible rape. Forcible rape is not a crime only against women. The definition was recently changed to aid in gender neutrality and to account for forcible rapes among same gender (FBI’s Uniform Crime Reporting Program, 2013). Forcible rape in now defined as, according to the FBI’s Uniform Crime Reporting Program (UCR) (2013), “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Although the act of forcible rape is a serious crime, many incidents go unreported for one reason or another. Some reasoning of why a rape may go unreported include, being embarrassed to tell somebody that you were forcibly raped, the victim knew the criminal and is afraid that further injury may occur if they report the incident to the police, or the victim was possibly drugged and was not aware of the situation. I will describe some of the statistics and trends involved with the act of forcible rape, explain some of the reasoning behind why one feels the need to commit forcible rape on another person, how the social learning theory shaped those individuals into the criminals that they are.

Jane and Steve have been married for five years. Steve lost his job a year ago and has been unable to find employment since then. Jane is a successful hairdresser. Steve has lost his self-confidence and has become so depressed that his doctor has placed him on medication.

The most severe form of sexual offense is rape. The state of Massachusetts defines rape as the penetration of any bodily orifice without consent and with force or threat of force. Over 50 percent of reported rapes were committed by people who the victims knew well. In addition, seven percent of rape victims are male.

p. 69).” rape is violence against women. It is a violation of her body and her trust. According to Burns, a sociologist at Michigan State University, “rape is forced and unwanted intercourse, where sexual assault is used as a power and sex is a method (Mousseau, 2006. p. 1).” Most rapes are committed not by strangers, but by men known to women, perhaps someone they have gone out with or are supposedly their friends. It can be someone she just met or even her fiancé, but often it is an attempt to assert power or anger. A study by the National Center for the Preventive and Control rape claims ninety percent of rapes are never reported. In those that are reported, sixty percent knew their assailants. Of these, women fifteen to twenty-five are majority of the victims. Alcohol and drugs sometimes play a significant factor, especially in date rape or acquaintance rape cases (Mousseau, 2006).