Homicide and Legal Issues Using the IRAC Method Summarized, Research Paper Example

Background and Introduction

In order for the state to prove its case they must prove both the actus reus or actual crime and the mens rea or ‘guilty mind’ in the commission of the crime. Without going too in-depth with the mens rea, this part of the two prong can be established through recklessness or culpable negligent acts which would result in a lesser charge than first degree murder.

Elements of the various degrees of homicide in the Commonwealth of Virginia:

• Murder encompasses pre-meditated or intended killing with a proven mens rea.
• Second degree murder is not pre-meditated yet there was recklessness proven by the district attorney. There is the existence of a depraved mind such as in the killing of an innocent child.
• Third degree murder is the unintended killing of another whilst in the commission of another felony crime.
• Manslaughter is the killing of another through illegal acts or culpable negligence.

The taking of a human life is not a crime in the situation of self-defense. “A defendant can be exonerated of a charge if he can prove was no other reasonable alternative but to use force to protect themselves” (Ninth Circuit Staff Writer, 2006). See: United States v. Biggs, 04-50613.

Commonwealth of Virginia Homicide Law as Applicable:

“Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in 18.2-31, is murder of the first degree, punishable as a Class 2 felony.” (“Justia US Laws, 2010).

“All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.” (“Justia US Laws, 2010).

Example of a Homicide, Type of Crime Committed and Why I Believe as Such:

An example of a homicide is when a person was driving under the influence of alcohol and killed a walking citizen on the side of the road. The driver registered just over the legal limit of 0.08 at 0.09 hence he was not morally intoxicated but was legally intoxicated. The crime committed was vehicular manslaughter without intent but recklessness was present therefore the ADA (Assistant District Attorney) could hypothetically make its case. The actus reus or event was present which was the actual drunk driving and manslaughter or act of killing by the man. I actually know someone this happened to and he plea bargained for ten years in prison instead of going before a trial by jury due to the harsh demand of MADD mothers. There may be possibility for parole in one year for he has already served three years of his ten year sentence.

References

Ninth Circuit Staff Writer (2006) Retrieved May 28, 2010 from, http://www.metnews.com/articles/2006/bigg040306.htm

Davenport, A.U. (2009). Basic criminal law: The constitution, procedure, and crimes (2nd ed.). Upper Saddle River: Pearson. ISBN: 0536781168. [package ISBN includes text and welcome letter]

Justia US Laws (2010) Retrieved May 28, 2010 from, http://law.justia.com/virginia/codes/toc1802000/18.2-32.html