The Butler did it With the Candlestick
Introduction
The US criminal law provides for a difference between the two crimes of murder and manslaughter. The law describes manslaughter as the killing of a person without any malicious intent (Manslaughter Law, n.d.). As per the US common law, murder was construed to mean killing intentionally with malice aforethought or just killing unlawfully (Homicide: Murder and Manslaughter | Nolo.com, n.d.). Manslaughter may be voluntary or involuntary. Involuntary manslaughter involves committing an act that does not add up to a felony, acting lawlessly or without due circumspection or caution or a death-causing act. On the other hand, voluntary manslaughter results from an in-the-heat-of-the-moment act. This paper is an analytical discussion of Oscar Pistorius’ crime.
Oscar Pistorius’ Case
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On 12th September the following year, upon appealing the charges, Oscar was tried and not found guilty of murder but rather manslaughter. The judge issued a five-year sentence jail term to Pistorius. In his narration, Mr. Pistorius told the court that on Valentine’s Day, the couple had spent the evening doing various activities: dinner at 1700H GMT and watching television and retiring to bed between 2100H and 2200H. On the following morning, he woke up early and Reeva asked him, "Can't you sleep, my baba?" (Oscar Pistorius trial: Evidence - BBC News, n.d.) He further narrated to the court audience that he had brought two fans from the balcony to keep him comfortable as he could not sleep. Thereafter, he had heard noise coming from the bathroom. Oscar said, "That's the moment that everything changed," he said. "I thought that there was a burglar that was gaining entry to my home." (Oscar Pistorius trial: Evidence - BBC News,
On February 26, 2012 an unarmed black man is shot and killed by a neighborhood watch captain. Trayvon Martin, 18 and unarmed, was strolling through a neighborhood when he was then approached by George Zimmerman, an armed neighborhood watch captain. Not all of the details are clear, but it is known the two had a physical altercation. Suddenly, Martin gets shot and dies. Zimmerman claims he shot him for self defense.
‘“I can accept the shooting was a mistake,” Jones said about his daughter’s death as a bleary-eyed Stanley sat motionless next to him. “But I can’t accept it because they lied about it. I can’t heal properly because of it. It was all for the cameras. I don’t want no apology from the police. It’s too late”’ (LeDuff, 122).
Reasonable people will generally go a long distance to protect their loved-ones. However, most reasonable people would believe that killing someone in order to protect their loved ones would be immoral and harmful. In the case of R v. Buzizi [2013], a man killed another in a supposed effort to protect his cousin. On an early morning in Montréal, the accused’s cousin and the victim ensued in a brawl (Casey). The initial fight was broken up by a third party. A few moments later, the accused, Mr. Buzizi, who saw the initial assault from afar, intervened and pushed the victim (Casey). Then, Mr. Buzizi noticed that the victim had an exacto knife, and that his cousin had a serious wound on his neck (R v. Buzizi, para 24). For fear that the
Many people in North Carolina are outraged after a police officer killed a deaf man. The man, whose name was Daniel Kevin Harris, was driving on the freeway when an officer attempted to pull him over for speeding. Daniel did not know that the officer was trying to pull him over, and he continued driving. The officer followed Daniel to his home and shot him.
Filho was born in a farm at Santa Rita do Sapucaí, Brazil, on June 17, 1954. He was born with a damaged skull, which was indirectly caused by his father when he physically abused Filho's mother while she was still pregnant with him. Filho was also physically abused by his father during his childhood. While he was still a child, Filho attempted to murder his cousin by pushing him into a sugar cane press, but he was unsuccessful. Pedro Rodrigues Filho was a Brazilian serial killer who might be classified less a random murderer of innocents and more a vigilante. His victims were not the usual helpless sorts that serial killers tend to target. Instead, Filho chose his victims specifically from among those he saw as needing justice, albeit justice of a sort that matched his own interpretation.
Orenthal James Simpson, commonly known as "O.J." or "The Juice," famous for the Heisman trophy and football hall of fame. He became a wanted man after police found his former wife Nicole Brown and Ronald Goldman brutally murdered at Nicole’s condominium in Los Angeles. With his back ground of violence and his temper, police had their guy or so they thought. The trail had the world on the edge of their seats and taking sides. The first thing Yeltsin said when he stepped off his plane to meet President Clinton was, "Do you think O. J. did it?”. On October 3 everyone was glued to their TV anticipating the vitric to come.
Despite recent reforms on the law of murder and voluntary manslaughter; including the special defence of diminished responsibility and loss of control, there are still inconsistencies present making the law unsatisfactory. This area of the law is in ‘dire need of reform’; as pointed out by the Law Commission in their 2006 report; Murder, Manslaughter and infanticide. The report stated how ‘The Law governing homicide in England and Wales is a rickety structure built upon shaky foundations.’
The Felony Murder Law of Colorado states that a person is guilty of first degree murder if he or she participates in, or is fleeing from, some other crime and a death results, intended or not2. This statute is the reason a 21 year old Colorado resident, Lisl Auman, was sentenced to life in prison without parole at the Colorado Women's Correctional Facility3. This case has drawn national attention and while appealing her conviction, has gained support from actors Sean Penn, Benecio Del Torro and Johnny Depp and the late writer Hunter S. Thompson.
Defences for Murder There are only three partial defences for murder; suicide pact, provocation-the loss of self control and reaction must be instantaneous and diminished responsibility. Amongst the three mentioned two are most frequently used, these are provocation and diminished responsibility, and only one full defence, self defence. These defences are used to reduce the sentence charge by the defendant to manslaughter from murder. In the following text I will be examining how men use provocation and diminished responsibility to walk free from murder.
The eighteenth anniversary of Gianni Versace’s death has past. Though I was only seven at the time of a murder, several years later I’d be learning and reviewing his collections as my own preternatural interest in fashion was all consuming. In reading everything there was about the extravagant life of Gianni Versace, I also learned of his murderer, Andrew Cunanan who eluded Police and lead them on what is deemed “the largest failed manhunt in U.S History.” I was reintroduced to this case when I happened to catch a documentary entitled “The Versace Killer” which provided me with some insight into Andrew Cunanan and his many personas. After viewing this documentary I questioned the reasoning behind Versace’s murder, which I believe had to do
Excusable Homicide Society today is faced with many challenges during the course of their lifetime. At times situation will arise and the person facing the dilemma must make a split second decision as to which path they will choose to go. Humans seem to have the built in mechanism for which they will “fight or flight” when dealt with a hand in which they have never faced before. Working
Thus the author’s account of his experience may be viewed as subjective and open to objection. In the letter, we see that the author does attempt to offer statistical evidence of an L.A.P.D study conducted in 1975 besides his own personal account. Yet still statistically speaking, the numbers of subjects are unrepresentative as the sample population is too small. Nonetheless, author’s view that the justification of the implementation of death penalty is undisputable does have some grounding in theory. Once a person has initiated force against another person, he has in fact deprived himself of individual rights and declared himself as irrational being. Thus it is an act of justice on the State’s part to totally eradicate that irrational being. This is the backward-looking position epitomized in Aquinas and Kant [Pojman]. Yet, if the punishment is imposed on the wrong persons, as exemplified by Carlos Deluna’s case of 1989, and then the death penalty is not justified. In this case, the prosecutors reportedly withheld crucial exculpatory evidence that led to Deluna’s conviction and eventual death. The prosecutor used a tactic that was widespread and went
In the United Staes, over 69% of all murderers are single case casualties; of these, the death penalty is only prescribed in 11% of the cases that came to trial. Of the remaining 89% the convicted murderer is eligible for parole after eight and ha lf years. The average sentence for manslaughter is 20 to 35 years in a maximum security prison with at least one third of the sentence served before the criminal is eligible for parole (Thompson 121). These
Oscar Pistorious is a global sports hero, who had both of his legs amputated at the knee as an infant, ran really fast in a 2011 Nike advertisement. Oscar’s nickname was Blade Runner. He had become “a national sporting hero” in South Africa by being the champion of the paralympics. Oscar Pistorious is being charged with murder after shooting Ms. Reeva Steenkamp multiple times at his residence on February 14, 2013. According to Pistorious he thought that Ms. Steenkamp was an intruder.
Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. Why then, is it thought of differently when the state government arranges and executes a human being, the very definition of premeditated murder? Capital punishment has been reviewed and studied for many years, exposing several inequities and weaknesses, showing the need for the death penalty to be abolished.