SOCI3603 Lecture Notes - Lecture 7: Culpable Homicide, Justifiable Homicide, Criminal Negligence

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20 Jun 2018
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Violent crime March 2
The problem of violence
Media focuses more attention on violence than on any other general category of
crime
However, in Canada violent crime accounts for less than 13% of all offences
Understand the roots of violence
A number of theories attempt to shed light on why people are violent and why
they commit violent criminal acts. Some of the roots are:
oCultural influences:
oSubcultural influence
oFamilies
oIndividual traits
Forms of violent crimes
Homicide
Sexual assault
Assault
Robbery
Homicide
Homicide refers to the killing of another human being
Justifiable homicide: may be justifiable (i.e. in the course ones duties such as a
police officer or during a legitimate medical procedure like don’t wake up from a
surgery)
Criminal homicide: unlawful killing without justification or excuse, deemed not
criminal if some legal defense exists for the act
Different degrees of homicide
First degree: premeditation and deliberation
oBoth aspects must be demonstrated in order for the homicide to be
considered first degree
oSome homicide are automatically considered first degree murder even if
they were not intentional or planned:
The killing of a police officer or prison employee on duty
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A killing committed in the course of one of the following offences:
hijacking, sexual assault, sexual assault with weapon, kidnapping,
hostage, terrorism, intimidation
Second degree murder: a deliberate killing carried out without planning that does
not fall under any of the categories of first degree murder
Manslaughter: culpable homicide, usually involved an act that is committed in the
heat of passion, following a sudden provocation or killing that stems from
negligence (impaired driving)
oUnlawful act (involuntary manslaughter): when a person commits a crime
that unintentionally results in the death of another person, not intention in
the moment, Example: drunk driver kills person
oCriminal negligence (voluntary manslaughter): when the homicide was the
result of an act or a failure to act that showed want on or reckless
disregard for the lives of others. An act is generally considered negligent if
a reasonable person would have foreseen that the action would endanger a
life. A failure to act can only be considered negligence’s if a person had a
duty imposed by the law to act- it does not apply, intention in the moment
for example, to bystanders who see a person in distress and don’t help
Infanticide: when a mother causes the death of her newborn child, either wilfully
or through an act of omission, while in a mentally disturbed state resulting from
the effects of giving birth to the child
Homicide: prevalence
598 reported homicides in Canada during 2011. An increase of 7% from previous
year
Only NB and Ontario had decreases in homicide numbers and rate for 2011
US recorded close to 15000 murders in 2012. Canada’s homicide rate -1.6 per
100000 is nearly three times lower than that of the US
Homicide made up less than 1% of all violent crimes in Canada in 2012 and is at
its lowest since 1966
Victims of homicide are more likely:
Males from their teens up to 40 years old
Infants under the age of one
To be members of certain minority groups (aboriginal)
Lower status
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Document Summary

Media focuses more attention on violence than on any other general category of crime. However, in canada violent crime accounts for less than 13% of all offences. A number of theories attempt to shed light on why people are violent and why they commit violent criminal acts. Some of the roots are: cultural influences, subcultural influence, families, individual traits. Homicide refers to the killing of another human being. Justifiable homicide: may be justifiable (i. e. in the course ones duties such as a police officer or during a legitimate medical procedure like don"t wake up from a surgery) Criminal homicide: unlawful killing without justification or excuse, deemed not criminal if some legal defense exists for the act. First degree: premeditation and deliberation: both aspects must be demonstrated in order for the homicide to be considered first degree, some homicide are automatically considered first degree murder even if they were not intentional or planned:

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