Negligence Manslaughter - Essay Example

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This research is being carried out to evaluate and present Criminal Law as one of the major bodies of law. It deals with crimes committed against human or public authority. The law is different from civil law, which deals with crimes between individuals…
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Negligence Manslaughter
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Download file to see previous pages The researcher states that murder is an ideal example of a case under criminal law as it is a crime that affects the interest of the public. The laws ensure that there is equality among individuals and the public in general. It prevents the public from negligence, thus facilitating responsibility. Criminal law is distinctive for uniquely serious potential sanctions and consequences for failure to respect its provisions and rules. All crimes have criminal elements, but the difference comes in when one evaluate the magnitude of each crime. An ideal example is capital punishment, which entail the jurisdiction of the most serious crimes. Some criminal offences lead to corporal punishment, and the resultant punishment is whipping or caning. However, many nations discourage such punishments and have made them illegal as a result of irresponsible use of the punishment. This is a crime that is clear and is, therefore, not considered a murder of less degree. There is a vast difference between murder and manslaughter. In murder, there must be the presence of malice while not present in a manslaughter case. Murder can be seen as a more serious case than Manslaughter, but it is not an excusable or justifiable killing to which punishment should be imposed. Under the common law and also current statutes, the case in question is either involuntary or voluntary manslaughter. The difference between this two is that, in voluntary manslaughter, there must be some serious body harm and also an intention to kill. While, in the case of involuntary manslaughter, these cases are not present. ...
This was against the provisions of the constitution, in reference to public health (Gorr And Sterling 1999). It also a crime to neglect medical services of a result of the fear of the unknown; this means that it is an obligation to report to any public hospital in case of ailments. After evaluation of this case, it is agreeable that, it is a case under manslaughter. This is because Paul had no intensions to kill but ended up killing his wife. However, it is under negligence manslaughter where the defendant fails to attend to a singularly serious duty leading to death of another. In this condition, Paul did not fail to attend to his duty because of commitments, as that would be a defense raise on against his judgment; it was all as a result of fear of losing the child because of financial instability. From the scenario, it is evident that Paul has two cases to answer. The first case is going against the provisions of the Public health act, while the other is negligence manslaughter (Harwood, 2000). Manslaughter This is a crime that is clear and is, therefore, not considered a murder of less degree. There is a vast difference between murder and manslaughter. In murder, there must be the presence of malice while not present in a manslaughter case. Murder can be seen as a more serious case than Manslaughter, but it is not an excusable or justifiable killing to which punishment should be imposed (Fletcher, 1998). Under the common law and also current statutes, the case in question is either involuntary or voluntary manslaughter. The difference between this two is that, in voluntary manslaughter, there must be some serious body harm and also an intention to kill. While, in the case of involuntary manslaughter, these cases are not present. Murderer has ...Download file to see next pagesRead More
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