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ICCB (Module 3) - Murder
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ICCB (Module 3) - Murder


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Presentation by Aika …

Presentation by Aika
Module III: Organized and unorganized crime; White – collar crimes; Sex offences Crimes; Murders.

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  • 1. Murder by Aika Orozobekova
  • 2. Non-criminal homicideA killing which doesn’t hold anyone criminallyliable/responsible for it• War• Capital punishment• Suicide• Duty (police shooting for protection of others)• Accident• Medicide (eg. Euthanasia, legal in some countries)
  • 3. Culpable homicide Criminal Homicide 1)Murder 2)Manslaughter• First degree • Voluntary• Second degree • Involuntary In IPC, anything that doesn’t meet the description of a murder or manslaughter, is just called a “culpable homicide”, general term Basically culpable homicide = criminal homicide
  • 4. Murder by degreeFirst degree• Intentional, willful, premeditated• Lying in a wait (hiding and waiting when victim comes to kill him – this is premeditated)• especially with the use of a weapon which needs preparation (eg. poison that needs to be prepared, bought on purpose, or a firearm that was purchased for this purpose, or anything that was brought with you on purpose to kill)• Felony-Murder (explained later)
  • 5. Murder by degreeSecond degree• Not premeditated or pre-planned• Anything that is not First degree murder• Similar to Manslaughter, also without any prior intention, heat of passion (decision to kill occurs right at the spot under rage, under circumstances which make any normal person emotionally unstable and unable to think clearly/rationally), but it’s somewhat heavier than manslaughter
  • 6. Definition of murder“when a person4, of sound memoryand discretion, unlawfully1 kills2 any reasonable creature3 in being andunder the kings peace, with malice aforethought5, either express or implied” (William Blackstone)
  • 7. Elements of murder1. Unlawful (not falling under non-criminal homicide,and not self-defense or justified in any other way)2. Killing (when brain is permanently damaged beyondrepair, not when the heart stops beating)3. Of a human (when does life begin? In some statesfoetus is not a human-being yet)4. By another human (suicide is not a murder)5. With malice aforethought (mens rea element)
  • 8. Mens ReaMalice Aforethought
  • 9. 1) Intent to killWhen a deadly weapon is used, theintention is automatically provenWeapon examples:Firearm, knife,Harmful toxins andChemicals, Poison
  • 10. 2) Intent to inflict grievous bodilyharm short of death VideoExample: Police officers beating up ahomeless schizophrenic who diedlater in the hospital
  • 11. 3) Reckless indifference to an unjustifiablyhigh risk to human life ("abandoned andmalignant heart")Meaning, you know there’s a high risk youmight hurt someone but you still go on,and take that riskExample: Driving under the influence ofsubstances (drugs, alcohol etc) and killinga pedestrian
  • 12. Another example, not exactly but similar Serious negligence towards his mother of 70-years old who died due to bad care and treatment from her sonAnyone can understand that if you don’t take care of a 70-yr old woman, let herpoop in her own pants due to being disabled, etc etc – there’s a high risk she will die.So this guy continued neglecting her to extreme point where she just died fromtoxins of her excretion entering her bloodstream since she wasn’t washed at all.
  • 13. 4)Intent to commit a dangerousfelony (the "felony-murder" doctrine) When there’s no intent to kill but there’s an intent to commit a serious felony (eg rape, robbery, arson, burglary, carjacking, kidnapping) which later unexpectedly resulted in someone’s death – the accused is charged with murder on the basis of felony-murder doctrine. Of course, the link between death and felony must be not too remote (eg bank robbery – clerk dies due to allergy to ink on a cheque given by the robber. This is not a felony-murder. There’s no way the robber could’ve known about this allergy)
  • 14. Example of felony-murder, a guy setting a wild forest fire (no intention to kill anyone, butthere’s intention to commit a serious crime like arson). Resulted in a death of around 9people during evacuation of the town. He was charged with felony-murder
  • 15. Second example of felony-murder Watson, Duncan caseWatson, Duncan, and four other men robbed anarmoured truck delivering money to the ATMmachines. During the course of the robbery,armoured truck guard Norman Stephens wasshot in the back and killed with shotguns usedby the robbers• Watson was given a life imprisonment, Duncan got 37 years in prison
  • 16. Defense – Mitigating circumstances• Self-defense (not all cases can be excusable/justified, because self-defense must be used only in appropriate situations when defendant kills only out of necessity when his life is in danger – you can’t kill someone who is just trying to steal your bag on the street and say it was self-defense)• Mental disorders and insanity (insanity hardest to prove nowadays)• Mental diseases and intoxication (voluntary)• Duress (also depends on the threat that was put: you can’t kill under a threat of losing your money for example)
  • 17. Images/videos taken from•••••••