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A week ago

Question 1.

Define homicide. Explain how criminal and noncriminal homicides are distinguished.

Question 2.

In those states that do practice capital punishment, just because someone is convicted of first-degree murder does not mean that person will be sentenced to death. Identify who makes the decision whether someone receives a sentence of death and discuss how this decision is made.
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Criminal Law (Justice Series)
Edition: 2nd
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Answer 1

Homicide is the killing of a human being by another human being. Homicide is a legally neutral term. For it to be criminal, it must be "unjustified and unexcused." This implies that certain homicides are legally permissible, which is indeed true. Law enforcement officials can escape punishment for homicides carried out in the course of their legal duties. Likewise, ordinary citizens who kill out of self-defense (or defense of another) can escape conviction because their actions were justified. These justification defenses, however, do not necessarily serve as bars to prosecution. Unless the case is particularly clear-cut, especially if an ordinary citizen is involved, it is possible that a homicide prosecution could result. The defendant would then need to succeed with a justification defense in order to escape conviction. The same is true of certain excuse defenses, examples being duress and insanity.

Answer 2

The decision as to whether a first-degree murderer will be sentenced to death is usually made by a jury in a post-trial hearing. This is known as bifurcation. The jury will be asked to consider whether various aggravating circumstances were in place, which would call for execution. Aggravating factors are those factors that add to the seriousness or enormity of an offense. The jury will also consider whether mitigating circumstances existed. Mitigating circumstances serve to extenuate or reduce the defendant's degree of moral culpability. To sentence a first-degree murderer to death, it is usually required that jurors find (1) at least one aggravating factor and (2) no mitigating circumstances.
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Exactly what I needed for my project, TYSM
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