First Degree Manslaughter Term Paper

homicide, according to the New York Homicide Statute, that the defendant Olive Oyl can be convicted of is 1st Degree Manslaughter (125.20). The element of this offense is that the defendant exercised the intent to cause serious physical injury to the victim Bluto when she gave a severe blow to the latter's head with a piece of lumber. The penalty for this offense is to serve between a minimum of 5 and a maximum of 25 years in jail.

The 2nd Degree Manslaughter (125.15) offense does not apply here because the defendant did not recklessly behave in causing the victim's death. Her action indicates that by reaching for the piece of discarded lumber, she had the clear intent of harming the victim. However, she did not have the intent to kill him, only to hit him just enough so as to force him to stop beating up the third person Popeye.The offenses of 1st (125.27) and 2nd (125.25) Degree Murders require that there be intent to cause death. In addition, the offense of 1st Degree Murder requires that the defendant was engaging in other aggravating actions, such as promoting terrorism, causing harm to multiple victims, etc., In this case, the defendant did not show any obvious intent to cause death to the victim since she only wished to somehow stop the fight and was not engaged in performing other aggravating actions.

The offense of "Depraved Indifference" Murder (125.25(2)) means that the defendant caused a grave risk of death to others by showing a depraved indifference to their lives. In this case the defendant did not appear to show indifference to the victim's life because she had the intent of causing severe physical injury to….....