Homicide; Justification, Excuse, and Mitigation; The Justness and Morality of the Criminal Law (From Criminal Law and Approaches to the Study of Law: Cases and Materials, Second Edition, P 375-714, 1991, John M Brumbaugh -- See NCJ-129382)

• NCJ Number: 129386
• Author(s): J M Brumbaugh
• Date Published: 1991
• Length: 340 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This discussion of homicide and associated legal defenses also focuses on problems of public policy and the justice of the criminal law.

Abstract

An introductory note considers the nature of homicide and the justness and morality of the criminal law. This is followed by an explanation of killings in which the accused intends death or bodily harm. Topics covered include the grading of intentional criminal homicides and the presumption of malice. A review of legal defenses against homicide covers self-defense and the defense of others; protection of property, crime prevention, and law enforcement; duress; insanity; and intoxication. Killings in which the accused acts recklessly or negligently are then considered followed by discussions of the actus reus (guilty act) of criminal homicide, killings in the course of unlawful acts (felony murder), and the death penalty. Throughout the discussions, the justness and the morality of the criminal law pertinent to homicide are considered. This involves consideration of whether the particular legal principles presented are unfair or contrary to moral principles as developed in ethical utiltarianism (the greatest good for the greatest number). Notes and discussion questions