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Essay / Research Paper Abstract
3 pages in length. The writer briefly discusses if a defendant can be charged with murder if the weapon is not in evidence. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: LM1_TLCmurder.rtf
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Unformatted sample text from the term paper:
arguing, the intent to commit a crime serves as the basis upon which the defendant is convicted of voluntary manslaughter. According to definition, this lesser charge to second degree
murder incorporates the knowing killing of another and includes the extra component of how the incident took place: "in a state of passion produced by adequate provocation sufficient to lead
a reasonable person to act in an irrational manner" (Wells, 2006). While the codefendant was reckless but not directly responsible for the killers death since he did not pull
the trigger, the codefendant may be charged with being an accessory to it, a crime he would be able to challenge by virtue of the fact that he would have
had to knowingly assist in the killers death. The concept of "intention" appears straight forward; however, it causes significant difficulty in criminal law
due to its interpretive nature. Characteristic of humanitys constant quest for the concept of meaning, the journey of understanding has come to represent myriad things to myriad people, ultimately
rendering any universal explanation virtually impossible. The problem with meaning as it relates to criminal intent is attempting to successfully pinpoint a single yet comprehensive connotation to its concept;
however, this cannot be achieved as long as any two entities harbor decidedly different interpretations. The intent to commit a criminal act requires
a burden of proof that the perpetrator did, indeed, intend to commit that act. Based upon evidentiary components, intent "must be formed before the act and must unite with
the act" (Criminal Law), with no specific time restraints necessary in order to correlate the two elements. Juries are permitted to infer certain aspects that pertain to a perpetrators
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