Phase 2 Individual Project
Chock Grady
CJUS290-1404A-02
Colorado Technical University
Professor Sharon Jefferson
October 17, 2014
SCENARIO 1:
Homicide is defined as killing a human by another individual. Not all murders are consider to be homicide, for instance a person commits a crime in self-defense. Criminal homicide can be classified either murder or manslaughter in a certain degree. General intent is defined as the accused meant to do the act which is prohibited by the law. There are numerous factors when trying to convict a person, such as Ken, with homicide offense for passing Acquire Immunodeficiency Syndrome (AIDS). First factor is which state Ken resides in. In 2013, there are 35 states that have criminal law that can punish a person who is HIV positive and risking others. Besides which state the offender resides in, prosecutors must prove the person (Ken) knowingly had the disease, knows that HIV can be spread through unprotected sex, engaged in unprotected sex and intend to infect others. In the case of State v. Hinkhouse, the state convicted Hinkhouse attempted murder after repeatedly engaged in unprotected sex with multiple sex partners. So therefore, Ken can be convicted of a homicide offense for passing HIV to women due to he knew he had the disease, if he lives in one of the 35 states where it is illegal. If the victim Barbie did not die, than the offender can be charged with different accounts for passing HIV. There are several penalties for the punishment which may include jail, probation, fines, and may register as a sex offender. Like a homicide offense, the punishments varies from state to state.
Scenario 2:
In the Penal code under section 19.02, Lori can be charged with murder in the first degree with the intent to kill. In the section of murder under the section sudden passion, Lori acted with the intent to kill in which passion arises at the time of the offense. She brought a gun into the hospital knowing she was going to kill her father due to his consist of begging to end his life. Under the first degree is described as a pre-meditated or planned murder. Prosecution can charge Lori with 1st degree due to Lori was willing and planned to bring the gun into the hospital to end Vincent suffer and agony. Most murder in the first degree are either life in prison to death row. In some states, it’s legal for a love one to commit a crime like Vincent daughter did in the Scenario 2 can be justified as Euthanasia. Euthanasia is defined as intentionally ending a person life to end the suffering and pain. There are only a few states in the US such as Oregon, Washington, Montana, and Vermont. These would be a lesser charge for Lori to be acquitted for. If Lori did not subside in one of these states, than she can be charged with Voluntary Manslaughter. Voluntary manslaughter is defined as intention to kill during the heat of passion as well as not premeditated. The killing must also cause a reasonable person to become emotionally or mentally disturbed. Vincent daughter killed her father in the heat of passion in order to relieve his pain. After shooting, she became hysterical which she became emotionally disturbed.
Scenario 3:
There are certain charges Larry can be charge with for keeping his girlfriend unwilling. The first charges a prosecutors can charge is kidnapping. Kidnapping is defined as forcibly abducting someone and confining the person against their will. In certain states, kidnapping is means of moving a victim for the place where they originally abducted. In criminal lawyer defense website, an example was used to illustrate the movement
