MENS REA OF MURDER.

Critically Evaluate the Mens Rea of Murder

Critically Evaluate the Mens Rea of Murder

Introduction

Homicide is the action of a human killing another human being. In most companies, for whatever reason, the act of homicide is considered one of the crimes the most serious that can be committed. Depending on the country, the homicide laws distinguish between different categories of severity. In English criminal law, for example, homicide can have four different legal treatments, corresponding to three degrees with the intent to kill.

The murder, in which a human being kills another intentionally, it is called " murder "if there is no premeditation , and " murder "if it is premeditated;

Wilful violence causing death without intention to kill, which kills a human being without intent to kill, but by making use of violence, it is voluntary;

The manslaughter, where a man kills another by accident while committing a misdemeanour or a felony or criminally negligent.

The accidental killing, when a human kills another while he could not foresee that his act is the cause of death (for example, give someone a product that causes a life-threatening allergy) or this act is involuntary (e.g. fall on and crush a child under his weight).

Murder is the intentional killing of one person by another. It is legally defensible under certain conditions: law enforcement or military duty; self-defence; and carrying out laws of capital punishment. In all societies, a high percentage of murders are committed by persons who know the victims, usually members of the same family, and the acts result from some disagreement or provocation. Often, the murderer is not an experienced criminal but a person with no previous record of any kind. Murder is considered a behaviour, and we can classify as Action Conduct when a person makes the bodily movements necessary to produce the result of the death of the taxpayer, and Conduct Unbecoming Failure or omission, in which the perpetrator stops do what was expected of him as guardian of life and because it occurs as a result the death of the taxpayer. For example, a mother to stop feeding your child, resulting in death, would be a case of murder by omission, since the mother is responsible for keeping a person alive who can not do it yourself (Fox, 2008).

The mens rea of murder is first degree of murder. First degree murder involves intention and is marked by malice aforethought, which includes the intent to kill or inflict serious bodily harm, as well as a reckless indifference to human life. Second degree murder is separate from first degree murder in that it does not involve any premeditation. Manslaughter is the unpremeditated murder of another person without malice. This is a serious crime with heavy penalties.

Discussion

The laws covering murder differ widely all over the world. The most important dividing law in all systems, however, in terms of degree of murder charges is the distinction between socially dangerous conduct and actions that are judged merely ...