New Legislation Of Homicide: Problems With These Particular Offenses (Essay Sample)

New Legislation of homicide
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Abstract
At the beginning of the 21st Century, the California State Government gave an announcement of a review of the Law of murder with the following terms of reference. Through the legislative intent, we can study the various elements homicide cases such as the partial defenses as well the arguments. Also, the relationship between the law of murder and the current proposition of the legislature to completely remove the felony of homicide from the Califonia's State laws of murder and manslaughter. Firstly the legislature of the state of Califonia should take into consideration the prolonged existence of Obligatory life sentence and possibly eradicate it from the Criminal Law of the country. Secondly, provide coherence and flawless offenses which protect the general public. Thirdly, should ensure that the convicted to be suitably punished. Lastly, to be fair as well as nondiscriminatory to all by the state convention of Human Rights Commission (Newburn, 2013). Also, the process will be transparent with inclusive of evidence-based judgment involving procedures such as structures of reviews that include stakeholders, public consultation as well as academics, criminal justice practitioners and also faith groups. The structure of study will consider areas such as secondary participation, culpability, intention and more in their relation to various murder cases. The discussion will only put into consideration t hares of manslaughter, suicide, and euthanasia in as much as they are not they are just part of the law mudder in this debate
Introduction
Homicide is considered to be the worst and most dangerous crime as compared to others in any given state. Murder can be described as the killing of a human being or fetus. As a result, this can result from the guilty individual into severe consequences with the law. Therefore, it is crucial for any practitioner in charge of a prosecution to vividly understand the current state laws of California on the subject of homicide. The prosecutor's judgment should be in the best interest of the public to ensure their safety and protection from vicious criminals as well as the security of a defendant from being inflated by harsh penalties. However, California's Law of homicide is still far from being clear(Newburn, 2013). The California legislative ineffectiveness to take action and improve on the attempts by the court on ancient decrees prompted the California justice system to make amendments to the archaic law of homicide. This paper seeks to critique as well as propose the possible solutions but to serve as a reference point to significant California's developments in the homicide Law of the State and also, clarify on the proposed state laws in those crucial areas affected by the new event in Califonia homicide state laws.
Problem Statement
This paper aims to slightly differ and correct the current proposed state law in areas of homicide and manslaughter respectively. Therefore, this should serve as a gateway to the recent or secondary material to the legal research. The California State legislature is considering an act of disapproving the felony murder rule and also to remove criminal state law of California. However, some considerations should be given to the homicide case against both James and John in which James and John were burglars in the home of Jack White, and James takes it upon himself to kill Jack White when he refuses to cooperate with the burglars (Monroe, 2008). In this case, the big question is why the California legislature considers the removal of homicide from the criminal state law and whether the act sounds policy in any way.
The current California law as well as it's issues
The current California law on homicide is archaic with unstable structures and foundations. Vast numbers of its arrangements have not been altered since ages. Despite its acknowledgment, there is still a dire need for reformation. Although the parliament affected specific reforms that were deemed valuable at the time, they have now been overtaken by various legal changes but still left unreformed. The state of affairs should conclude and not continue. The justice system has recently issued a sentencing guideline for cases such as people with the murder conviction. Supposedly, that there is a rational structure for murder with vivid reflections of the degrees of faults and also provides the court with defenses that are according to requirement and are with the right scope but unfortunately the judicial system lacks in structure (Moreland, 1952). Therefore, the criminal law of reforms should first work on its structure which is an essential part of the changes in the criminal law.
We, therefore, propose that the law of homicide should be rationalized for the first time through legislation.Defences and offenses must take their positions within a coherent environment that is fair and with a proper legal framework. With an appropriate structure, the general public shall be assured of clarity as well as the certainty of the future and also this should allow the non-lawyers to be able to understand and accept the new California legal structure reforms (Price and Connecticut, 2007). The matter stated above shall be discussed in depth but also in brief by comparing its existing laws as well as it's issued at hand.
Offences
The general offenses in homicide are manslaughter and murder which accommodate the different ways in which a person can be at fault for killing another. Crime has had a mandatory life sentence due to the unlawful taking of another's life as compared to the case of James against Jake white which is considered a manslaughter (Price and Connecticut, 2007). Jake knew that he and his accomplice John's conduct involved in risk of killing but still went ahead and murdered, committing a slaughter.
Problems with these particular offenses
We believe that the leading cause of the judicial lawmaking is primarily due to individual cases of murder over the years. Due to the risen developments of the alternative possibilities after several consultations, research and definitions of manslaughter which alter the court's verdict as new cases generate further case laws in the attempt to resolve ambiguities were supposedly missing in the last instances of its nature. The inclusion in the case of murder where the defiant unintentionally killed where he intended to only harm, in the eyes of the jury it's just as severe and highly controversial (Newburn, 2013). On this basis, in a case where their conduct killed some positively and intended for both but no one, and without any serious harm, as a result, may be regarded as a serial killer or murderer.
In the same light, if murder is considered as broad, so is manslaughter. It probably covers an enormous range of various forms of blameworthiness as any crime in the state of California. In the most, cases of involuntary manslaughter such as reckless drivers, the law might be quite lenient with them where the defendant killed a person in the process. However, we believe that the worst case of reckless killing should be convicted of manslaughter (Moreland, 1952).
. On the other hand, the law may be harsh in cases where the defendants are involved in involuntary manslaughter due to an involvement of unlawful acts such as robbery.
For example, In a case where X embarks on a mission to steal a book from the 6th floor of where he's employed. When he saw one of the librarians coming towards him, X quickly threw the book out the library's window facing a busy street. Unfortunately, the book lands on the head of Y who was underneath the library window causing ‘s death. In this cas...