HOMICIDE: LOTF Should Jack, Ralph & Roger be charged with homicide under the Canadian Criminal Code?

Question…… Have you ever heard of the homicide terms “murder” or “manslaughter” In groups of two, come up with a definition for each with your partner

Criminal Code (R.S.C., 1985, c. C-46) Classification of Murder 231. (1) Murder is first degree murder and second degree murder Planned and deliberate murder (2) Murder is first degree murder when it is planned and deliberate First degree Murder is premeditated, intentional killing that results from a vicious crime, rape or armed robbery

Second Degree Murder (7). All murder that is not first degree murder is second degree murder Second degree murder is non-premeditated killing from assault it which death of the victim was a distinct possibility

Murder reduced to Manslaughter 232.(1) Culpable (deserving blame) homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation Manslaughter 234. Culpable homicide that is not murder is manslaughter

Involuntary vs. Voluntary Manslaughter Voluntary Manslaughter: Called a “heat of passion” crime when a person is suddenly provoked (in circumstances which are likely to provoke many reasonable people) and kills in the heat of passion aroused by the provocation Involuntary Manslaughter: A killing can be involuntary manslaughter when a person’s reckless disregard of a substantial risk results in another’s death (i.e. Carelessness / negligence)

Case Example 1 Facts: Fast Boyle is walking along a busy street. Clay bumps into Boyle and continues walking without saying "Sorry." Angered by Clay's rudeness, Boyle immediately pulls out a gun and kills Clay.

Verdict: Boyle could probably be convicted of second degree murder, because Boyle killed Clay intentionally. A judge or jury is unlikely to conclude that the killing was premeditated, which would elevate the shooting to first degree murder. On the other hand, this was not a heat of passion killing that might reduce the conviction to voluntary manslaughter. While Boyle might personally have been provoked into killing Clay, the circumstances were not so extreme that many ordinary and reasonable people would have been provoked to kill.

Case Example 2 Facts: Standing next to each other in a bookstore a few feet away from the top of a flight of stairs, Marks and Spencer argue over the proper interpretation of free will in Hobbes's philosophy. The argument becomes increasingly animated and culminates when Spencer points a finger at Marks and Marks pushes Spencer backwards. The push is hard enough to cause Spencer to fall backwards and down the stairs. Spencer dies from the resulting injuries.

Verdict: Marks would probably be guilty of involuntary manslaughter. It was criminally negligent of Marks to shove a person standing near the top of a stairway. But circumstances don't suggest that Marks's behavior was so reckless as to demonstrate extreme indifference to human life, which would have elevated the crime to second degree murder.

Case Example 3 Facts: Lew Manion comes home to find that his wife Lee has been badly beaten and sexually abused. Manion takes Lee to the hospital. On the way, Lee tells Manion that her attacker was Barnett, the owner of a tavern that she and Manion occasionally visit. After driving Lee home from the hospital about four hours later, Manion goes to a gun shop and buys a gun. Manion then goes to the tavern and shoots and kills Barnett.

Verdict: Manion could be convicted of first degree murder, because his purchase of the gun suggests that the shooting was intentional and premeditated. Voluntary manslaughter is a somewhat less likely alternative. Most judges and jurors are likely to think that enough time elapsed between the time Manion found out about Lee's injuries and the time he shot Barnett for any heat of passion to have cooled. Manion should have left his gun at home and reported the crime to the police.

Your Task….. Should Jack, Ralph & Roger be charged with homicide under the Canadian Criminal Code?