Criminal Homicide Questions (use CRAC essay method) C onclusion- state the answe

Question

Criminal Homicide Questions (use CRAC essay method)

Conclusion- state the answer to the call of the question

Rule- state the law, statute, rule, definition, etc. that applies to the fact pattern

Application/Analysis- apply the facts to the rule above to show the reader how you came up with/prove your conclusion.

Conclusion- conclude again!

1. What is the fundamental difference between homicide and murder.

2. Jay is angry about the grade he received on his criminal law midterm. Jay pulls a loaded revolver out of his backpack, aims at a tree and fires in an attempt to release his frustrations. Unfortunately, Jay is an inexperienced marksman and the bullet strikes an innocent bystander in the forehead, killing him. What was Jay’s criminal intent when shooting the revolver? Explain your answer.

3. Using the fact scenario above, a prosecutor reviews the file for Jay’s criminal case. After reading the facts, he chuckles and tells his paralegal, “It won’t be hard to prove criminal intent in this case.” Is this true? Why or why not. Explain fully.

Explanation / Answer

1. Fundamental difference between homicide and murder is as follows:

Homicide is the killing of one person by another. It may be because of cause or may not be, may be done unwillingly. But murderer is the part of Homicide. He comes under of the category of the Homicide. The murderer is the person who wontedly kills another for any reason behind it.

2.Jay is angry about the grade he received on his criminal law midterm. Jay pulls a loaded revolver out of his backpack, aims at a tree and fires in an attempt to release his frustrations. Unfortunately, Jay is an inexperienced marksman and the bullet strikes an innocent bystander in the forehead, killing him. What was Jay’s criminal intent when shooting the revolver? Explain your answer.

Conclusion- Jay was angry because of grade he received on his criminal law midterm. He has done a crime of killing a person.

Rule- The rule applied on the Jay is not same as on the murderer. This is because the murderer is the person who wontedly kills the other person because of taking revenge. The rule says that according to the act of killing the decision would be made. The sentence was made on the basis of facts and evidence related to the criminal procedure.

Application/Analysis- The analysis was done on beginning of the case. As the act has been done by him so by letting the person as criminal. Jay was upset because of the grade he got in the midterm of his criminal law he may kill the person who has given the grade but he did not do this which shows that he was not willing to kill. He might be an angry young man who release his anger on other or anything. As he is not the experienced in striking through revolver so he kills another person.

The Jay’s criminal intention shooting the revolver was to strike the tree so as to release the frustration.

Conclusion- The Jay was not the experienced in shooting the revolver so his bullet strikes an innocent bystander in the forehead and killed him. He was not intentionally done this crime. He is Homicide but not the murderer.

3. Using the fact scenario above, a prosecutor reviews the file for Jay’s criminal case. After reading the facts, he chuckles and tells his paralegal, “It won’t be hard to prove criminal intent in this case.” Yes, this is true because no one knows how much experience the Jay have in Shooting the revolver. It was only the Jay knows. What the Jay’s intention before striking or after striking was. It was the individual perception. Might be Jay hides his perspective or it might be changed when he loaded the revolver. His mind set might be chnaged as from shooting a tree to shooting a person. It is very much harder to prove the fact although.

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