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Criminal law: liability for manslaughter - Case Study Example

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(A) Fern and Joe are out in the local town, visiting the shops. Fern repeatedly runs into the road and is in danger of being hit by vehicles. Joe warns her of the danger and repeatedly tells her not to do this. Finally, Joe loses his temper and hits* Fern…
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Criminal law: liability for manslaughter
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Criminal law: liability for manslaughter

Download file to see previous pages... In case A we have to deal with an offence. The offence is about Joe, Fern's father, who loses his temper over Fern not listening about the danger of being hit by the vehicles and pushes Fern. She hurts herself and dies.
An offence, according to the law regulations is a "violation of the penal law" where penal law or criminal law is "the body of laws that are enforced by the State in its own name and impose penalties for their violation." Usually an offence can be either a traffic violation which would represent a misdemeanor or a capital murder which would represent a fellow. However, an offence is different from a crime in the fact that there's no typical victim, by "the action remains prohibited by statute."
Nevertheless, in case A we are dealing with an offence called involuntary manslaughter. The reason is because in UK this is called "gross negligence" manslaughter because the intention was not to kill the victim; the result of the Fern's death, even thought was caused by being used and hurting her head, it is a case of death that resulted from "recklessness or criminal negligence."
In the UK the liability for manslaughter due to recklessness is also defined as "wanton blinded ness" in which the culpable person refuses t be aware of the dangers of a particular situation. This applies to the Fern's case in which her father is unaware that by pushing her she could her herself which she did to the point of death. However, because there is no intent to kill the resulting death may not be considered a murder. Nevertheless, this does not mean that the culpable is free of the criminal negligence guilt in which he was aware of the potential dangers of his actions and still he decided to pursue them. Because of this the charge for Fern's father actions, although unintentionally may charge him with second degree murder.
There is a little confusion that results from the first case. Specifically, "Manslaughter is any culpable homicide which is not murder or infanticide." On the other hand, Joe may have been charged with second degree murder, which is different from first degree murder in the sense that:
"it was not planned or deliberate;
it was not contracted;
it was not committed against an identified peace officer;
while committing or attempting to commit one of the following offences (hijacking an aircraft, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping and forcible confinement or hostage taking;
while committing criminal harassment,;
Committed during terrorist activity, while using explosives in association with a criminal organization, and while committing intimidation. "
Nevertheless, being considered second degree murder the penalty that usually applied to such cases is as follows: usually there is mandatory life imprisonment for 10 to 25 years without the possibility of parol ...Download file to see next pagesRead More
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