The Theories of Criminal Law

Case One 

A man who had thought about killing his wife and plans for the event cannot be prosecuted for murder when the wife dies in a car accident that he was not directly involved. Under criminal law, murder refers to the act of killing another person without viable reasons. Indeed, murder is considered a felony offense that entails the perpetrator serving a life sentence. However, there are conditions that the prosecutor must prove to ascertain whether a case can be treated as murder. One of them is the direct step or action towards killing the victim. In the current case, the husband only prepared to commit the crime by thinking and planning to do it; he did not execute the action that resulted in the death of his wife. Another factor is the intent to act, and it involves putting together the items that would result in the death of another individual. In the case, there was no mention of the tools that the accused used. Besides, the prosecutor cannot prove the accused’s intent to kill since there was no direct use of a lethal weapon. Hence, he cannot be charged for murder. 

Case Two 

A woman who kills a victim in horrible pain will be prosecuted for murder. Within the provisions of the US Constitution, murder refers to the unlawful act of killing another person. Only the physicians have the authority to kill a person who is in horrible pain and suffers from serious injuries. In such a case, a physician has to obtain consent from the patient or family members and prove that the patient cannot recover from the illness. However, in the case provided, the woman had no authority to kill the victim despite her perception of their predicament. As a result, the prosecution will charge with intent-to-kill and depraved heart murder. It was a deliberate case since she was aware of the impact of her action and proceeded to do it. Besides, she demonstrated a disregard for human life; only trained medical personnel have the authority to determine the health outcomes of a person.