9 Sep 2022

98

Distinguishing Murder from Other Forms of Crime

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Academic level: College

Paper type: Coursework

Words: 563

Pages: 2

Downloads: 0

Murder crime is comprised of various elements which distinguish it from other forms of crimes. As such, it is indisputably necessary to determine these aspects so as to define Mr. Assin conviction status appropriately and at the same time reveal if the accused is guilty of murder or not. Murder act is defined as an unlawful, criminal act of killing another person with malice aforethought. All these aspects described in the above illustration clearly distinguish murder from other forms of crime and at the same time provide clear guidelines for classification of various types of murder offenses as outlined in the constitution. 

According to the series of events that took place, the accused, Mr. Assin cannot be convicted of attempted murder. This is simply because, for an accused to be charged with such crime, there must be two common elements that illustrate the attributes of attempted murder, namely; the accused must have undertaken an action towards killing another person. Secondly, the prosecutor should show clearly that the offender had some intentions of killing the other victim. Based on the occurrences of Mr. Assin case, there is no identifiable evidence that links him with any actions that he had intended to kill Sally's husband. Likewise, there was no direct intent to kill demonstrated by the accused. As such, the events as illustrated in Mr. Assin case do not satisfy the essential elements that are required to convict a person of attempted murder. A little plan to commit murder does not in a way make it justifiable to convict Mr. Asin for attempted murder. 

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It is indisputably evident from the analysis of the case scenario that Mr. Assin is not guilty of attempted murder, simply because there is no direct relationship between essential elements for convicting a person of murder and the accused actions. Secondly, Mr. Assin did not take any further steps towards completion of the crime as requested by the victim's wife. If the defendant had proceeded to undertake any action that would have demonstrated any intentions and attempt of killing Sally's husband then based on the law facts he would be guilty of attempted murder. 

Property crime is a form of crime that involves stealing and destruction of another person's property. In property crimes, the accused doesn't believe in any way harm or kill the victim who is the proprietor of the affected property. Such crimes include but are not limited to, theft, burglary, robbery, arson vandalism, larceny, and shoplifting. On the other hand, violent crimes usually identified as a felony, it is a form of offense in which the offender threatens or causes physical harm to the victim. Based on these illustrations if Mr. Assin were guilty of the said crime, it would be classified as a "crime of violence" since there could be the presence of physical harm to Sally’s husband. 

As stated in the illustrations, Mr. Assin was supposed to receive money for killing Sally's husband. However, the act of receiving the reward for committing does not form any basis for identifying the type of crime perpetrated by the culprit. The act of murder is classified as a violent crime since there is the evidence of physical injury to the victim. As such, even though Mr. Assin could have been committing the murder action for money, it still doesn't justify it to be classified as property crime since the victim could have been harmed in the process which therefore makes it a crime of violence. 

Violent crimes are more serious compared to non-violent or property crimes; it is equally evident from the extent of penalties associated with these crimes. Violent crimes usually attract stiffer and harsh penalties as opposed to property crimes. Similarly, because the crime of violence is mainly linked to some physical injuries to the victims, it makes the crime more severe than property crimes. 

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StudyBounty. (2023, September 15). Distinguishing Murder from Other Forms of Crime.
https://studybounty.com/distinguishing-murder-from-other-forms-of-crime-coursework

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