I. of the defendant, but no legal

I. Introduction to homicide

           I.1 Definition
of homicide

Homicide
generally is the act of killing of a human being by another human being.
Homicide is a thicker scope that comprises criminal homicide (murder and
manslaughter) and non-criminal homicide (justifiable homicide).1 Criminal
homicide is punished by domestic laws, in Rwanda homicide is punished in its
forms against the victim and is taken as harmful and unlawful act basing on
this quotation “manslaughter and intentional bodily injuries are intentional
killing and causing of bodily injuries even if the offender was mistaken about
who was the victim or his/her plan be fulfilled depending on circumstances
beyond his/her control.”2

        I.2 Evolution
of murder

According
to the one of the latest research about murder that was carried out by the team
of researchers from Estacion de zonas university and Granada university in
Spain found that even if, there are human killing to each other in normal
circumstances, murder was derived and is evolved from our ancestors where human
beings were killing each other six times more today, in that earlier
homicide  juveniles were mostly killed. This
means that the current murder did not come as an accident, just because people
inherited it from ancestors generation to generation up to date.3

 II. Types
of homicide

 II.1 Murder

This
is type of homicide that combines two degrees to charge murder case, in the first
degree the accused planned to kill and intended victim to die, the second
degree in this degree the accused planned to kill and intended the victim to
die because of his actions.  

     II.2 Manslaughter

This
is a type of homicide that involves the absence intent of accused to kill or
ffect  the victim, but the legal action
can be filed due to such unlawful and non-excusable circumstances occurred.

     II.3 Justifiable/excusable
homicide

This
is a type of  homicide occur during
self-defense of  the defendant, but no
legal action can be filled just for that fact being  excusable before justice.4

III. Penalties
of homicide

    Penalty for some forms of homicide in Rwanda

Ø  Penalty
of murder. A person who intentionally kill another is punished a penalty of
life imprisonment.5
This penalty was applied to NCAMIHIGO Jean and NTAWIGIRA Vincent after being
convicted to kill NDERUWIMPAYE David on 06/03/2016 basing on the facts given by
the witnesses (Uwimana Denyse and Uwumukiza 
Chantal) who fou NTAWIGIRA Vincent with a dead body of a child and the
Intermidiate court of Rusizi ruled case RP 0060/16/TGI/RSZ on 28/07/2017 by
convicting  and they were punished a
penalty of life imprisonment as it was asked by the prosecutor.6

 A penalty of parricide. A person kills either
his/her biological parents or non-biological parents  is punished with a penalty of life
imprisonment.7

Ø  A
penalty of spousal homicide. A spouse who kills his/her spouse kills is
punished with a penalty of life imprisonment.8

Ø  A
penalty of infanticide. A parent who kills his/her biological/adopted child  is punished with a penalty of life
imprisonment.9

 

    
Penalties of murder in other countries.

Ø  Penalty
of murder in California. a person being convicted of planned to kill the victim
and it may result to serve one the following punishments; imprisonment in the
state prison for the term of 25 years, life imprisonment in the state prison
without the possibility of temporary release,and death penalty.10

Ø  Penalty
of murder  in Texas. A guilt person attempted
murder willful intent to harm physically and kill the victim and demonstration
of willful disregard for human life and the guilty of this offense is punished;
permanent criminal record, 20 years in Texas state prison and a fine of 10,000
dollars as penalties.11

IV. Prosecution of murder.

Under
California law  the prosecutor  may prove charges for first degree of murder;
whether the defendant intended and premeditated to kill the victim, any other
act committed during of felony and using destructive device to harm victim and
in the second degree the prosecutor prove whether the defendant willingly
planned to kill through his actions that may result into death.12

V.  Scholarly
legal writing about murder

Serial
murder is multiple acts of criminal homicide, this was a situation where a
killer (serial killer) murders three or more people in a period of a week or a
month. Serial murder discovered where cases of notorious incidents involving
murder, first profiled in about 1966 and in about 1970, there were several
cases which took more thirty victims each all from California and UNITED STATES
OF AMERICA was unique in serial murder where 74 percent of the serial killers
derived from America and this marked its murder rates to be high compared to
other states in twenty century and the children was mostly threatened  where 10,000 children were murdered and
abused.13

VI.
Conclusion   Conclusively, according
to my research, I found that homicide is an act against good morals and state
laws, but some states contribute to homicide through  punishing offenders by applying  the death penalty to them and this humiliates
people’s rights to life and loss of  legal personality.                 

                                    Bibliography

                                      LEGISLATION

Law
n0 01/2012/OL of 02/05/2012 instituting penal code, O.G., no special of
14/06/2012

                                    CASE LAW

  INTERMEDIATE COURT OF RUSIZI, 28/07/2016,
INTERMEDIATE PROSECUTION VS  NCAMIHIGO
JEAN and NTAWIGIRA VINCENT, RP 0060/16/TGI/RSZ.                                                                                                  

                                     BOOK

J.
Philip, USING MURDER, New Brunswick,
NJ, Adeline Transaction publishers, 2009.

                                      ELECTRONIC SOURCES.

 See, ‘Defitinition of homicide’ available at ,
accessed on 20/01/2018.

M. FIONA. ‘humans
inherited Murder through evolution’ available at ,
accessed on 20/01/2018.

2 See Art. 137 of organic law no 01/2012/OL
of 02/05/2012 instituting the penal code. O.G
no special of 14/06/2016

3M. FIONA. ‘ humans inherited Murder through evolution’
available at ,
accessed on 20/01/2018.

4
See, ‘ different types of homicide’ available at < https://www.attorneys.com/homicide/what-are-the-different-types-of-homicide >,  accessed 
on 20/01/2018.

5 Art. 140 Law n0 01/2012/OL of 02/05/2012
instituting penal code, O.G., no
special of 14/06/2012

6  INTERMEDIATE
COURT OF RUSIZI, 28/07/2016, PROSECUTION VS  NCAMIHIGO JEAN and NTAWIGIRA VINCENT, RP
0060/16/TGI/RSZ, Para 1,7,40 and 46
available at                                                                                                 ,
accessed on 21/01/2018

7 Art. 141 Law no
01/2012/OL  of  02/05/2012 instituting penal code, O.G., no
special of 14/06/2012.

8 Art. 142 Law no
01/2012/OL  of  02/05/2012 instituting penal code, O.G., no
special of 14/06/2012.

9 Art. 143 Law no
01/2012/OL  of  02/05/2012 instituting penal code, O.G., no
special of 14/06/2012.

10 See ‘first degree murder laws’ available at ,
accessed on 21/01/2018.

 

11 BRETT A. PODOLSKY, ‘attempted murder charges’,  available at ,
accessed on 21/01/2018.

12 See, ‘California second degree murder laws’,  available at  ,
accessed on 21/01/2018.

13 J. Philip, USING
MURDER, New
Brunswick, NJ, Adeline
Transaction  publishers, 2009, PG
2,3,4,41,50 and 57, available at ,
accessed on 22/01/2018.

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