Homicide in “California Criminal Law Concepts”

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Table of Contents

Introduction
The Categories of Homicide
Manslaughter
The Increase of Murder Rates in California
Example of a Penalty for Homicide
Conclusion
References

Introduction

Across the world, homicide has become commonplace; something which is talked about, seen in movies, daily news, and read in books. While the Oxford English Dictionary defines it as the action of killing a fellow human being by another person, it states that it can be both lawful or unlawful (Gilliver, 2016). Further, it expounds by stating that such an occurrence can be deemed to be a homicide if an individual’s negligence and other decisions lead to the death of a person. Hunt & Rutledge (2016) define it as a crime committed by people which leads to the death of others. They divide it into 3 groups comprising homicide, first and second-degree murder, and manslaughter. In addition, manslaughter is sub-divided into three types; vehicular, voluntary, and involuntary. This paper delves into the aforementioned topic by analyzing homicide and its various components as highlighted through various examples of cases of people versus plaintiffs in the California Criminal Law Concepts.

The Categories of Homicide

There are various categories of homicides as highlighted by various writers. Commenting on the topic, Leonetti (2020) asserts that in the new criminal law, murder has become synonymous with homicide. He further expounds that it is divided into murder comprising of the first and second degree, justifiable homicide, and manslaughter. First-degree murder involves the intentional killing of a person by an individual. It does not only require forethought or prior planning but also involves malice or evil intent (Leonetti, 2020). Therefore, such acts are considered the most heinous crimes which are severely punishable through conviction which includes the death penalty or life imprisonment. According to Justia Law (2016), in California, the penal code clarifies a murder into two categories comprising of the first degree which is distinguished through the following 3 ways. It can be classified as a first degree if it is a willful, premeditated, and deliberate killing. The second degree is associated with the use of explosives, mass destruction weapons, poison, ammunition, ambush, or torture. Consequently, the above crimes are punishable by law, and the offenders can be convicted after proven guilty.

On the other hand, second-degree murder involves cases when an individual had prior intentions to kill another person but did not have adequate time to plan the killing. This is referred to as a crime of passion, especially in instances when an enraged lover kills their partner who is in an illicit affair with another person. Besides, death resulting from negligence and recklessness by an individual is considered second-degree murder. In many cases, killing is not intended, although the death of others is foreseeable (Justia Law, 2016). For example, when an individual drives into a crowd or a group of people, thus injuring and killing them. Also, robbery is another example; when the victim does not comply with the robber’s command, thus gets shot as a result. Consequently, it is a serious offense in which the defendant faces long-term imprisonment, but, unlike in the first degree, one is not sentenced to death.

Manslaughter

In criminal homicide, a situation results in manslaughter when the accused has no prior intentions or plans to kill the victim. Therefore, death occurs accidentally due to unavoidable occurrences or circumstances. For instance, a driver who causes a fatal accident, parents who leave their baby in a car suffocating, or a lethal drug prescription by a doctor to a patient are examples of manslaughter. Whereas voluntary manslaughter is similar to murder, there is no ulterior evil motive and premeditation, and it happens instantly after provocation (Hunt & Rutledge, 2016). However, in involuntary manslaughter, the killer does not become agitated after a provocation but rather the death of the victim results from an accident. Additionally, vehicular manslaughter occurs when a driver kills a person with the vehicle without intention or malice; due to a felony and inattentiveness resulting from alcohol or substance influence. Sentences for manslaughter in California vary depending on the events and circumstances surrounding the deaths but are less severe compared to those of second-degree murder.

The Increase of Murder Rates in California

While there have been incidents of homicide in California, there has been an increase after the passage of the self-defense law. Inevitably, the self-defense law is known as ‘Stand Your Ground’ has spiked murder incidents in Florida (Hunt and Rutledge, 2016). Also, according to Rapaport (2017), there was a 22% homicides rate increase in Florida; a decade after the law was enacted in 2005. Before the passage of this law, residents had the right to defend themselves against home intrusion. However, after its enactment, the law justified the use of deadly force in public places. Consequently, this has resulted in a 75 percent increase in homicide (Rapaport, 2017). Besides, from 2005 to 2015, unlawful homicides accounted for 8.7 percent of deaths in Florida as compared to a 3.5 percent increase of deaths in the period between 1999 and 2005 respectively (Rapaport, 2017). Consequently, in 2012, there was a backlash against the self-defense law when an unarmed teenager, Trayvon was critically wounded after being shot in one of the neighborhoods (Rapaport, 2017). As a result of the shooting, the assailant was charged with second-degree murder and later released. This shows how the self-defense law has led to the increase of homicides in Florida.

Example of a Penalty for Homicide

In the California Criminal Law Concepts book, various illustrations show the sentences for homicide offenders. For instance, in the case of People v. Lam Nguyen in the California Supreme Court on August 13, 2015, following an appeal by the defendant; the charges were withheld (Covey, 2016). The defender was charged in 1998 with three offenses of murder in the Superior Court of Orange County. Also, he had been charged with two counts of conspiracy, premeditated murder, six incidents of a criminal gang, possession of cocaine, and use of firearms in committing crimes (Hunt & Rutledge, 2016). He was sentenced to death in January 1999 for the murder of Tuan Pham and Sang Nguyen. As a result, he was charged with a life sentence and a 15-year determinate.

Conclusion

In summation, through the detailed definitions and thought-provoking explanations by Hunt and Rutledge, homicide has been covered in detail. While the death of a person might result from an accident or negligence, there are instances when evil individual plans to kill another person. The authors delve into murder through the use of various cases and categorize it into manslaughter and justifiable homicide. In addition, the passing of self-defense law in Florida has led to an increase in homicide cases highlighting the importance of the topic in the book. Finally, the sentencing of offenders and the explanation of different categories of murder enables scholars and other interested individuals to understand criminal law.

References

Covey, R. (2016). Rules, standards, sentencing, and the nature of law. California Law Review, 104(2), 447-496. Web.

Gilliver, P. (2016). The making of the Oxford English dictionary. Oxford University Press.

Hunt, D. D., & Rutledge, D. J. (2016). California criminal law concepts. (16^th ed.). Pearson Learning Solutions

Justia Law (2016). 2016 California code: Penal code – Pen: Part 1 – Of crimes and punishments: Title 8 – Of crimes against the person: Chapter 1 – Homicide: Section 189. Web.

Leonetti, C. (2020). Editor’s introduction.New Criminal Law Review, 23(2), 167-169. Web.

Rapaport, L. (2017). Murders surge in Florida in the decade after Stand your ground’ law. U.S. Web.

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