discussion on murder versus manslaughter

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No plagiarism please. Use my text book 6th edition please. Montana is the state being discussed. Please hit distinguished for all areas in the scoring guide.

Introduction

There are varying degrees of homicide and one single fact can result in a different charge under homicide laws. Life is defined in the law by statute as is the issue of viability, which can determine whether a statute applies in a given factual situation. For example, for a criminal homicide to occur at common law, the victim had to be born alive. Today, statutes may define life to include a fetus, and some classify illegal abortions as a criminal homicide. At common law, death occurred when the heartbeat and respirations ceased. Now, many courts use the brain death standard, which is said to occur when there is an absence of physiological or electrical brain activity that can be registered. Note that brain death may occur even though respirations and a pulse may continue.

For this discussion, varying charges will be explored. Imagine the following scenario:

During a domestic quarrel, a wife continually taunted her husband by degrading him and telling him he was a lousy lover and that she wanted to be rid of him. When the husband tried to persuade her to relent, she continued to taunt him in a louder voice. Finally, he grabbed a kitchen knife and stabbed her, and she died as a result. The husband was convicted of second-degree murder. On appeal, he argues his actions were taking place during a fit of passion and seeks to have his conviction reduced from second-degree murder to manslaughter.

For this discussion, based on the scenario provided, respond to the following in your main post:

  • Differentiate the key distinctions between second-degree murder and manslaughter in your state.
  • Explain how this case would play out if it were being heard in a court in your state.
  • Determine whether the prosecutor charged the defendant with the incorrect crime.
  • Articulate what would constitute enough evidence at trial to meet the criminal standard of proof to convict for the crime charged.
Criminal Justice Program Discussion Participation Grading Rubric
Criteria Non-performance Basic Proficient Distinguished
Main Discussion Post Response (60%)
Apply critical thinking or problem solving in the main discussion post.
50%
Does not apply elements of critical thinking or problem solving in the main discussion post. Applies some elements of critical thinking or problem solving in the main discussion post. Applies critical thinking or problem solving in the main discussion post. Applies critical thinking or problem solving to the main discussion post in a comprehensive, step-by-step manner.
Use credible information or research to support positions, conclusions, or perspectives in the discussion.
10%
Does not use credible information or research to support positions, conclusions, or perspectives in the discussion. Responds to the discussion, but some or all of the resources used for support are not credible. Uses credible information or research to support positions, conclusions, or perspectives in the discussion. Uses well- developed, relevant support from credible resources or research to support positions, conclusions, or perspectives in the discussion and impartially considers conflicting data or other perspectives.
Follow-up Post Response One (15%)
Advance the discussion with a substantive response that asks questions, assesses further considerations, or provides a different point of view.
15%
Does not respond to the discussion beyond the initial post. Provides a substantive response, but does not advance the discussion by asking questions, assessing further considerations, or providing a different point of view. Advances the discussion with a substantive response that asks questions, assesses further considerations, or provides a different point of view. Advances the discussion with a substantive response that contains well- supported and fully developed positions and perspectives that support or conflict with the original post.
Follow-up Response Two (15%)
Advance the discussion with a substantive response that asks questions, assesses further considerations, or provides a different point of view.
15%
Does not respond to the discussion beyond the initial post or the first response. Provides a substantive response, but does not advance the discussion by asking questions, assessing further considerations, or providing a different point of view. Advances the discussion with a substantive response that asks questions, assesses further considerations, or provides a different point of view. Advances the discussion with a substantive response that contains well- supported and fully developed positions and perspectives that support or conflict with the original post.
All Posts (10%)
Communicate in a professional manner that is consistent with expectations for criminal justice professionals.
10%
Communicates in a manner that is inconsistent with expectations for criminal justice professionals. Communicates in a manner that is not fully consistent with expectations for criminal justice professionals. Communicates in a professional manner that is consistent with expectations for criminal justice professionals. Communicates in a clear, comprehensive, and professional manner aligned with with expectations for criminal justice professionals.
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