This is the act of omitting life of another human being with malice aforethought. There are various elements of homicide, which include; Ken is much convicted of committing a homicide offence. Although he has no intentions of killing, Barbie and considering that he did not give the woman any information about his status, it shows that he intended to infect these women. Ken did not take any precautions to protect himself during the process of sexual intercourse with protective devices like condoms and more so sleeping with not only one woman but also several women. This demonstrates his intention to commit homicidal offences.
Elements of homicide
Justifiable homicide: This is an intentional homicide committed by an individual under circumstances of necessity, having no evil intention or any blame or fault on the person who commits this homicidal offence. Examples of this homicide include; state executions, homicide by police offenders as they perform their duties and self-defense when somebody committing the homicide is not at fault. Though ken has no intention of killing Barbie, the result of his sexual acts with her, Barbie ends up death.
Executable homicide: This is where a person kills a human being either by misadventure or in self-defense, or omission on the part of the person who commits the homicide. It can also happen when there is some civil fault or error. The degree of fault is not enough to constitute a crime (Miethe and Regoeczi, 2004).
Criminal homicide: it also called felonious homicide. It occurs when a person knowingly and unlawfully, negligently or recklessly cause death of another person (Trahan, 2006). This has been further divided by the common law to three types, crime of murder, manslaughter, and negligence homicide. Ken, knowing that he can spread the virus, still engages himself in sexual actions with other women.
If Barbie does not die, there are no charges against ken because the degree of fault is not enough to constitute a crime. This is because he did not intend to kill her.
Elements of crime
According to this scenario, Lori has committed an offence of murder, putting to an end the life of her father. There is no crime without a criminal act- all criminal justice is done to a person who has committed an act of crime and not on what they say or think. The act is the physical action, which is taken by a defendant resulting to the death of another person. There is also a crime committed when there is failure to act. If the person had an obligation to act, for example, a parent has a responsibility to his or her child either to protect them but failure to do this, call for a criminal offence. According to this scenario, the act that Lori takes against his father is shooting him to death.
Intent to crime- this is another element of criminal offences. The defendant must have an intention to commit the act of murder to be called a crime. Their Recklessness and grossly negligent can form an intention if they lack care or reasonable minds. In the scenario, Lori has no intention to kill her father but the request of her father to be put out of misery results to her shooting her father to death.
Actual cause or legal cause of the crime- the cause of the crime should be the reason for the defendant to commit a crime. This cause can be an actual or legal cause. If the defendant is criminally liable, the subsequent test upon the defendant requires proving the legal causation linking the defendant's act and the results of the act (Yeo, 1997). If the act of the defendant fails but the test of the cause of the act is proved, then the defendant is presumed to be criminally liable. The cause for Lori to shot her father is that her father is in terrible pains because of the cancerous diseases and so a plea to be put off.
If Lori is convicted of a less serious offence, the doctors will be blamed of the death of her father. This is because they heard of his cries but took no action either to have him have a counseling session.
Larry is charged with the crime against humanity of sexual violence. In this scenario, Larry forces her girlfriend to have sex with him by force despite the refusal of her; Larry knows that over time, her girlfriend has been refusing to sleep with her, so he is aware of the factual circumstance or cause that establishes the gravity of his conduct. He forces her to have sex because he is tired of her playing games and, refusing to engage in sexual acts. Furthermore, he knows that her girlfriend is drunk and it is getting late at night and so no otherwise rather spent with him. The elements displayed in this crime are the circumstances, which forces Larry to have sex with her girlfriend. In addition, the act of a sexual nature is through force actions.
He also commits a crime against humanity of sexual slavery- we find Larry having some drinks first with her girl friend before taking her to his apartments. Though the girlfriend protest on him having sex with her, Larry goes ahead and forces her to have sex with her. The element of this kind of crime is that the perpetrator exercises any of the power to attack the rights of ownership and causes such a person to engage in an act of a sexual nature. Larry forces her girlfriend to stay in the locked place for 24 hours.
Larry also commits a crime against humanity of torture- after forcing her to have sex with him, the girlfriend protest but, despite her doing so, Larry refuses to let her leave. The girl friend had to accept which afterward tying to leave; Larry removes her and locks her in an upstairs bedroom of his neighbor's vacant room. The element of this crime is that the perpetuator inflicted has to servers a mental or physical pain and this torture comes directly as a systematic attack towards the inflicted. Larry commits this due to the protest made by her girlfriend.
|WASP||Glowing of Addiction|