Homicides Case Study

Good Essays
For our sixth week Portfolio Milestone I am choosing to explore Option # 1: If I were the Prosecutor, with what form of homicide would I charge Richard? Types and characteristics of Homicides There are four types of homicide;
1. Justifiable homicide, which relates to self-defense, defense of others, defense of home. Police use of deadly force.
2. Excusable homicide, which denotes insanity, diminished capacity, or by infants.
3. Murder, which is neither justifiable or excusable.
4. Manslaughter, all homicides without malice aforethought that are committed without justification or excuse. (Lippman, 2012, pg. 310).
A prosecutor must base their case on that which is provable. This is one reason why there is plea bargaining. Another reason probably is the expense to the state of trials, and also probably the backlog within the court system. Prosecutors prosecute the slam dunk cases or at the minimum the ones which have enough solid evidence to obtain a conviction. The last thing a District Attorney wants is to take a case with borderline evidence to court and lose. In Richard’s case he admits killing his mother and disposing of the
…show more content…
Their original intent in Colorado at least was aimed at stemming the crime and violence associated with hardened gang members, much the same as Rico laws and three strike laws, repeat offenders who commit many and varied types of crime on a continuing basis. Not every child who is mal-adjusted or commits a heinous act once. Author Gardner further states in her article, Direct Fail, “Less than 5 percent of direct file cases since 1999 have gone to jury. In other words, in 95 percent of direct file cases, the Das choose the charge, venue, and-thanks to mandatory sentencing-the punishment. And all this “due process” is without the input of a judge or jury. (Gardner, N.,

Related Documents

  • Decent Essays

    Main Juror Jury Functions

    • 1854 Words
    • 7 Pages

    The court officials need the proper person to remember all the testimonies and evidence obtained so a fair verdict could be given (Gardner and Anderson, 2010). The last thing the Justice System wants is to have a mistrial. In other words, a mistrial is likely if it 's later determined the Juror pool consisted of impaired people. The last and final principle that will eliminate a person from a capital case is if it 's determined that the judge treated a mentally incapable person unfairly (Gardner and Anderson, 2010). Even if the person 's…

    • 1854 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Simmons, I disagree with the Supreme Court’s decision in favor of Simmons. I believe that Simmons deserves the death penalty, there was no reason in Simmons’ claims and agreement about how the execution of minors violate the prohibition of cruel and unusual punishment. Yet, the defendant premeditated the crime and did not consider the victims’ life. The defendant enters into the victim’s home, robbed the victim, then tied up the victim and threw the victim off a bridge. In addition, the defendant stated that he assured that he would get away with the crime because he was minor.…

    • 1040 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    The Leonard Peltier Case

    • 631 Words
    • 3 Pages

    Peltier took part in seizing the lives of two innocent FBI agents following protocol. There is a substantial amount of evidence that indicates that Leonard Peltier is guilty of these murders, and therefore, should remain in prison unpardoned for this horrendous crime. The arguments made by his supporters should all be disregarded as they are inadequate reasons for a pardon. The release of a evidently guilty murderer would also be an unjust decision. Agents Coler and Williams will never get the privilege of going home.…

    • 631 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Withholding evidence, witness tampering, introduction of false evidence and improper closing arguments are just a few of the tactics used by prosecutors to ensure that they win their conviction. It is hard to understand why a prosecutor would want to deliberately withhold evidence of a person’s innocence. It is this egregious misconduct which leads to the conviction of innocent people. What does the prosecutor have to gain by this misconduct? Unfortunately, all too often prosecutors fall under the spell of conviction-seeking no matter what.…

    • 1434 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    The textbook defines the harmless error doctrine as an incident where “an appellate court can affirm one’s conviction despite the presence of of serious prosecutorial misconduct during the trial” (p. 52). This doctrine exemplifies how prosecutors can practically feel inclined to engage in misconduct seeing that it is very difficult for the court system to punish them for such behavior. Furthermore, this doctrine may also apply to serious cases such as death penalty trials, demonstrating the potential for prosecutor misconduct to negatively effect the outcome of any case, large or small. The author of the chapter provides his suggestion considering the current method in which the criminal justice system deals with motions of trial misconduct. He suggests, “motions for retrial based on false testimony presented by prosecution witnesses should be governed by a standard drawn from newly discovered evidence and prosecutorial misconduct” (p. 52).…

    • 652 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Juveniles As Adults

    • 1527 Words
    • 7 Pages

    Kyanna Payne & Lisa Lovell Mrs. Dyer English 12 01 October 2016 Trying Juveniles as Adults Crime has been around longer than anyone on this earth, so it is nothing new. Crime is more related to adults, but over the years the term “juvenile” is widely known as a child offender. These juveniles commit most or worst than the same crimes as adults but do not receive the same sentencing or punishment. Through series of research over the years, the theory of trying these juveniles as adults is in need to be enforced throughout the country. There are various laws that deal with judging if a juvenile is to be tried as an adult, such as “ Texas adopted a law called “The Common Law of England”; and under the harsh law children over seven would…

    • 1527 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Anti Death Penalty Essay

    • 2862 Words
    • 12 Pages

    The predicament with those in the world who refute the death penalty is that they have forgotten about the victims. Dejectedly, the victim 's voice is often suppressed by the grave. Murderers on death row chose their course, a decision made the first time they took someone’s life. They pay no attention to human life and must endure the consequences for taking that life. Why should a murderer be permitted to breathe as his or her victims lie 6 feet under?…

    • 2862 Words
    • 12 Pages
    Decent Essays
  • Decent Essays

    Justifiable Homicide Essay

    • 1062 Words
    • 4 Pages

    This is because John’s death was in self-defense through justifiable homicide and Xavier was an excusable homicide. However, Dan is guilty of the misdemeanor for the possession of the revolver without a permit. To first understand why Dan is not guilty of both homicides, it is important to understand what justifiable homicide and excusable homicide is. Justifiable homicide is considered “the necessary killing of another in the performance of a legal duty, or the exercise of a legal right when the slayer was not at fault” (Chamelin & Thomas, 2012, p. 105). In the case of John, he invaded Dan’s small grocery store with the intent of robbing him and used a gun as a means of to startle Dan to do so without protest or interference.…

    • 1062 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Kant’s belief on the right of punishment is grand and far reaching. To him, the right of punishment is a supreme power of the government. The government has only the right to punish those who have committed a crime; no punishment may be ordered “merely as a means for promoting another Good” of society or an individual (355). Punishing an innocent man breaches the principles of justice; only criminals (of both private and public crimes) are to be punished. Kant warns us that the Penal Law is a categorical imperative—it is unconditional and non-circumstantial.…

    • 957 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Malice Liability Case

    • 4029 Words
    • 17 Pages

    Hatred or the emotional equivalent is a person’s feelings or opinions and goes directly to subjective intent to kill. B. False. There does not have to be a “specific period of deliberation” or a showing that the defendant “extensively planned” for there to be premeditation (Woolman, Planned Murder). In State v. McArthur, the court held that three things are to be considered to determine if a murder was premeditated: the evidence of planning activity, the motive evidence, and evidence of the manner of killing (State v. McArthur).…

    • 4029 Words
    • 17 Pages
    Decent Essays

Related Topics