This document describes what murder and manslaughter is as a crime, whilst also explaining the consequences of both crimes. It links psychology into the criminal field, brining in Bowlby's theories such as, the 'theory of attachment'. The 44 thieves study is also provided as an example as to why at...
Understanding the Psychology of Murder and Manslaughter
Elements of Murder: Involuntary Manslaughter:
Proving murder requires proof beyond a reasonable doubt of these Two kinds:
elements. 1) Criminal negligence manslaughter-
● Actus reus: the act of killing is the heart of murder a) Actus reus- defendants actions create high risk of
● Mens rea: purpose, knowledge or extreme recklessness can death and serious bodily harm
qualify as the mental element in murder b) Mens rea- recklessness (knowing you are creating high
● Causation: the act caused death risk of harm; negligence means you should know you
● Attendant circumstances: if any exists, it has to be proved are creating the risk
● This type of killing may be considered accidental but it is
Manslaughter: Adequate Provocation: caused by the perpetrators lack of care for human life
Consists of the elements above. However it has one element not ● Charge is less severe than murder- still serious
present in murder- adequate provocation.
This is the trigger and has to be both subjective and objective. The INVOLUNTARY MANSLAUGHTER:
defendant must be provoked and second the provocation has to be ● The unintentional killing of a person by someone who has no
reasonable. anger and has no intent of killing the victim
● Voluntary manslaughter similar to murder has they have that
Manslaughter: intent
Examples of reasonable provocations are: ● Limited circumstances that murder will be lowered to
1. Mutual combat voluntary- vary to jurisdiction
2. Assault and battery ● If any of these elements are missing, the charge is likely to be
3. Trespass murder, rather than manslaughter:
4. Adultery 1. Someone died as a result of the defendants actions
Voluntary manslaughter is not a justifiable homicide 2. Act was done with reckless indifference for human life,
To prove this the prosecution has to prove that the provocation caused or was inherently dangerous to others
the passion and the killing. 3. Defendant should have known his/her conduct
threatened or endangered the lives of others
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller eviemaymitchell. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.47. You're not tied to anything after your purchase.
