Prosecutorial and Judicial Justice

Prosecutorial and Judicial Justice

Unit # 2

Individual Project

American Intercontinental University

Dr. Telesco

Abstract

        Dale Parak and his twin brother had decided to commit suicide together. His brother did not die after taking 20 tranquilizers in his food so dale shot him. Dale then took tranquilizers himself and did not die and awoke the next morning to someone knocking on the door. The police arrested him for 1st degree premeditated murder.

Definition of Justice

My personal definition of justice would be a person that commits a crime will get a punishment that fits that crime. The formal definition of justice is the administering of deserved punishment or reward or the maintenance or administration of what is just by law, as by judicial or other proceedings (Justice, 2015). I believe justice was served in this scenario. If someone commits suicide they can because that is their choice to do alone, with no help from anyone else. A lot of the times the person can’t go through with it when it comes down to it though, that is why no one can actually kill someone even if the person being killed has said they want that because they want to commit suicide, that is not suicide that s murder.

Elements of the Crime

Aggravated murder is the same thing as first degree murder in the state of Ohio. Aggravated murder contains the intentional level of liability in the state of Ohio. This is when the offender wants to specifically kill their victim. The murder must be planned ahead of time with calculation and design. Those convicted face life in prison or the death penalty (CHAPTER 11: HOMICIDE ). According to the state of Ohio’s definition of aggravated murder Dale did in fact commit each component and element of the crime. With the first component of first degree premeditated murder being unlawful killing, Dale did meet this requirement because killing another human being is not suicide its murder. The second and third requirements are with malice aforethought of another human being. This means to willfully take the life of a human being, and does not necessarily mean spite or hatred toward the victim (Malice aforethought, 2003-2015). Dale willfully took the life of his brother even though he didn’t hate him, and thought he was doing something good for him; he was not forced to kill him.