Homicide.docx - Bradford Jacquary Prof Tchividjian Juri 540...

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Bradford, Jacquary April 25, 2021 Prof. Tchividjian Juri 540 Memorandum 1 Homicide Facts Toby Smith was terminated from his job at blockbusters. Mr. Smith’s pride prevented him from applying for unemployment benefits and state assistance; furthermore, he decided to depend on his savings to sustain his family’s needs. One of his children became extremely ill; however, Mr. Smith does not have health insurance and refused to seek medical attention for his child at a state clinic because he associated this with a charity which is something that he. Ultimately, depleted by dietary deficiency, the child’s death was contributed to the illness. Toby Smith asserted that since he is the head of the household, it was his responsibility and constitutional right to decide how to manage the affairs of his family, including, but not limited to medical care. Mr. Smith’s decision to refuse medical care from his sick child was not based on any conscientious objections or religious convictions; rather, an aversion to what Mr. Smith referred to as handouts. The range of these crimes ranges from a year to at least 10 years in prison. They all are felonies so they will change a person’s way of living if manage to receive bail. The facts are that the son died due to an illness that was getting worst he refuses to seek medical and also was not getting the necessary nutrition due to his father being prideful. Discussion: Issues surrounding the parental denial of medical care for children in need are contentious issues, particularly when a child dies because of physical and medical neglect. In the case of Toby Smith, he ceased to have the resources to provide adequately for his family, further 1
exacerbated by refusing the option to take his child to a state clinic for care due to his pride. Further analysis will provide the best determination referencing the appropriate homicide charge to file against Toby Smith. Murder: First-degree or capital murder is a willful, deliberate, premeditated killing with intent and malice, which is the grand criterion distinguishing murder from another killing 1 . Criminal homicide is one committed without justification or excuse. It could be argued that Toby Smith acted with full knowledge and understanding of the condition that the child and that based of his decision can affect son negatively and he still refuses to take his sick child to a state clinic; yet, Mr. Smith’s actions, although irresponsible, were not of malicious intent (men's rea). The Model Penal Code defines murder intent as purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life 2 . Model Measuring and evaluating the facets of his choice was not part of Mr. Smith’s equation, referencing the death of his son; hence, killing his son was never his intention. He was negligent in seeking medical care for his child due to lack of finances and his pride; however, he never thought about killing his son beforehand, it was not premeditated. 3

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