Phase 2 Individual Project
Colorado Technical University
There are many different scenarios that we face in daily life. A lot of times, those scenarios are insignificant and it really does not matter how they turn out and what decisions you happen to make will not really have that much of a significant bearing on your life. However; there are some scenarios that occur by certain choices that we make that could possibly end in very serious, and sometimes even legal, consequences. In this paper, I will discuss three different scenarios and the possible legal outcomes.
Homicide is “the killing of a human being due to the act or omission of another. Included among homicides are murder and manslaughter, but not all homicides are a crime, particularly when there is a lack of criminal intent. Non-criminal homicides include killing in self-defense, a misadventure like a hunting accident or automobile wreck without a violation of law like reckless driving, or legal (government) execution. Suicide is a homicide, but in most cases there is no one to prosecute if the suicide is successful. Assisting or attempting suicide can be a crime (“Homicide”, n.d.). In the state of Oregon there was a man named Hinkhouse who knew that he was HIV positive, but proceeded to have unprotected sex with several women and he never disclosed to any of them that he was HIV positive. Several of his sexual partners contracted the disease as a result and in 1995 Hinkhouse was tried, and convicted, of ten counts of attempted murder and ten counts of attempted assault I. Hinkhouse tried to appeal the court’s decision by arguing that the convictions should not be held because there was not sufficient evidence to support that he intended to cause the death of, or serious physical injury to, his victims. The court held the convictions on appeal stating there was enough evidence to convict (Center for HIV Law and Policy, 1996). The Center for Disease Control...
References: Centers for Disease Control and Prevention. (2012). Criminalization of Potential Exposure. Retrieved from the Centers for Disease Control and Prevention Web site: http://www.cdc.gov/hiv/law/exposure.htm
Center for HIV Law and Policy. (1996). State v. Hinkhouse, 912 P.2d 921 (Or. Ct. App. 1996). Retrieved from the Center for HIV Law and Policy Web site: http://www.hivlawandpolicy.org/resources/state-v-hinkhouse-912-p2d-921-or-ct-app-1996
homicide. (n.d.) A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier.. (1856). Retrieved March 3 2014 from http://legal-dictionary.thefreedictionary.com/homicide
homicide. (n.d.) West 's Encyclopedia of American Law, edition 2. (2008). Retrieved March 3 2014 from http://legal-dictionary.thefreedictionary.com/homicide
Patients Rights Council. (2013). Assisted Suicide Laws in the United States. Retrieved from the Patients Rights Council Web site: http://www.patientsrightscouncil.org/site/assisted-suicide-state-laws/
Thomson Reuters. (2014). Assault and Battery Overview. Retrieved from the Find Law Web site: http://criminal.findlaw.com/criminal-charges/assault-and-battery-overview.html
US Legal, Inc. (n.d.). Elements of Common-Law or Forcible Rape. Retrieved from the US Legal Web site: http://rape.uslegal.com/common-law-or-forcible-rape/elements/
US Legal, Inc. (n.d.). Elements of the Crime of Kidnapping. Retrieved from the US Legal Web site: http://kidnapping.uslegal.com/elements-of-kidnapping/
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