Criminal Law Regarding Hiv Disclosure

Topics: Murder, Crime, Criminal law Pages: 3 (1131 words) Published: June 10, 2013
Criminal Law Scenarios
Phase II Individual Project
Tressa Hommel
June 3, 2013

Homicide is defined as the killing of another human being by another person. When a homicide occurs, there are distinctions in the law as to the type of homicide committed, such as first degree, or premeditated murder, second degree murder, manslaughter, and negligent. In order to determine which type occurred, the elements of the incident are examined. These are intent, whether criminal or negligible, the act, and the causation. Each of these elements will determine the consequences a person might be facing. Intent falls under the guise of specific, such as the planned murder of another, while general can be a very broad and more abstract concept. In the category of general intent, this would be the act of someone who is aware of the possibilities, and yet follows through on action. A person knows alcohol impairs judgment, so if they operate a vehicle and cause an accident resulting death this would fall under causation of their actions. Another example is a diabetic, aware their blood sugar is low, but drives, can be charged also (Lectlaw, 2013). The act is the defining what the person actually did to cause the homicide, such as deliberately fire a gun, or setting a bomb. This would also be the same for the person who is intoxicated and is involved in a physical confrontation, resulting in death. Even though they had no intention of killing, their actions impaired their judgment. Causation is the attempt to prove that the events and actions by a person caused the death of another and is directly responsible for the death. Proof can be determined by gathering of evidence, autopsies and other means of information. Can Ken be convicted of a homicide offense? Explain and justify your answer. If Barbie does not die, what are the possible charges? Explain. Federal law was enacted in 1990 mandating the states criminalize the intentional...

References: Newcomb, A. (2013, February 02). Washington man sentenced to 2 years in prison for killing terminally ill wife. Retrieved from
Howe, G. (2010, December 06). Compassionate homicide ': The law and robert latimer. Retrieved from
Berman, S. (2013). Rape and statutory rape the crime of rape -- including statutory rape -- explained, with case examples.. Retrieved from
LII. (2013). 18 usc § 1201 - kidnapping. Retrieved from
Galletly, C., & Pinkerton, S. (2008). Preventing hiv transmission via hiv exposure laws: Applying logic and mathematical modeling to compare statutory approaches to penalizing undisclosed exposure to hiv. Retrieved from
LECTLAW. (2013). Intent, specific & general criminal liability basics. Retrieved from
Chow, A. (2012, March 5). What does your state 's hiv disclosure law require?. Retrieved from
unaids. (2012, February). Criminalisation of hiv non-disclosure, exposure and transmission: background and current landscape. Retrieved from
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