Murder versus Involuntary ManslaughterNameInstitutionInstructorCourseDate Murder versus Involuntary ManslaughterDo You Agree With The Court’s Holding That The Issue Of Criminally Negligent Homicide Was Not Present In This Case?Yes, I agree that with the court’s holding that the issue of criminally negligent homicide was not present in this case because criminal negligent homicide is a criminal activity, which occurs without the intention of the accused (Ashworth & Horder, 2013). In this case, the perpetrator shot the victim intentionally as they argued over drug money.
The defendant had the motive and purpose of shooting the victim as he knew what would happen if he committed this act. However, he disregarded the risk of his action (Ashworth & Horder, 2013). To be criminally negligent, the perpetrator would have been aware of the consequences of his conduct. The perpetrator did not use any strategy to avoid harming the victim and fully neglected the foreseeable outcome of his actions (Ashworth & Horder, 2013). Under What Circumstances Could Involuntary Manslaughter Be A Lesser-Included Offense To Murder?Involuntary manslaughter is a crime in which a person commits an unlawful murder although he/she did not intend to kill the victim. This may also involve unlawful murder due to complete neglect on the value of human life (Ashworth & Horder, 2013). Murder involves a perpetrator intending to kill disregarding the value of human life.
Circumstances which involuntary manslaughter may be a lesser-included offense to murder can be based on the state of mind of the defendant and the circumstances, which led to the crime (Ashworth & Horder, 2013). This can include if the perpetrator did not intend to commit the crime. Involuntary manslaughter where the perpetrator kills someone while committing a felony or a misdemeanor is also a circumstance where involuntary manslaughter is a lesser-included offense to murder (Ashworth & Horder, 2013).Why Can’t A Person Have Acted Accidentally Or Recklessly If Claiming Self-Defense?Self-defense involves justifying killing someone to protect oneself. For one to justify a killing as a self-defense, the person must believe that that the force used was necessary to protect himself/herself from the threat or harm (Ashworth ; Horder, 2013). Acting in self-defense cannot be an accident or due to recklessness since this action should be undertaken with an intention to protect oneself. Justifying self-defense as an accident will mean that the action was not intended. Recklessness would also mean that the person was not aware of the consequences of his/her actions and that the action was not intended to protect him/her (Ashworth ; Horder, 2013).
ReferencesAshworth, A., ; Horder, J. (2013). Principles of criminal law. Oxford, United Kingdom: Oxford University Press.
