Crimes against life, and especially homicide, pose an increased danger to society. For the correct assessment of the committed acts, their careful differentiation at the legislative level and transparent rules for determining criminal manifestations are necessary. Among the most important ways to ensure the human right to live in the criminal law framework is the correct classification of the crime and the appointment of fair punishment for the perpetrator. To solve the issues that arise, it is necessary to develop scientifically based recommendations for applying criminal law norms for improving the criminal law mechanism.
The Problem of Legal Qualification of the Homicide
The Main Object of Homicide
Among the actual problems of the criminal homicide theory, a special place is occupied by the legal qualification of a crime. The research of most authors is the question of the correct capacity of the most controversial elements of corruption in science and practice. Such controversial features include the crime of “homicide,” e. g., the main object of homicide is the life of a person attacked. However, scientists have not yet reached a consensus on when the specified object of criminal protection appears. The initial moment of life is set by physiological birth and the child’s first breath (Nelson, 2018). At the same time, scientists have expressed doubts about the connection between the child’s independent breathing and the moment of the beginning of life.
The Necessity to Add Other Medical Criteria
The suggestion to solve this problem is that some qualifying signs of murder require a more precise interpretation, and some of them should be clarified at the legislative level. The legislator claims that a person’s right to life arises from the moment of birth. This implies that the point of reference when a person is considered alive is defined as the moment when the fetus separates from the mother’s body through childbirth (Nowrasteh, 2019). The state grants rights and obligations at the moment of birth. Several human rights activists consider this approach to be fundamentally wrong. Opinions are expressed about the need for criminal legal protection starting from the embryonic period of development. Several lawyers believe that the “starting point” of life should be associated with the formation of the brain (Fridel & Fox, 2019). However, it is necessary to consider other medical criteria at the legislative level, such as breathing, heartbeat, or pulsation of the umbilical cord.
The Problem of Imposing a Sentence for the Homicide
The Most Critical Stage of Applying Criminal Law
The next problem associated with criminal murder is the imposition of a sentence, which ultimately protects the rights and freedoms of a person. Also, a penalty is based on safeguarding the legitimate interests of society from criminal encroachments by assigning a fair punishment for the committed illegal act (Lippman, 2018). On the one hand, the imposition of a sentence is one of the most critical stages of applying criminal law. On the other hand, criminal law also establishes stimulating norms, which are applied in contrast to repressive ones. These principles require a differentiated approach to punishing the person who committed the crime or releasing him from it.
Additional Steps to Impose a Fair Sentence for Homicide
As domestic and world practice shows, the XXI century is characterized by the presence of problems in the appointment of punishment. This is justified because deciding on the imposition of a sentence in the legal sphere is a complex process if taking into account all the variety of factors. The solution to this problem may be to reform the process of criminal-legal assessment of the crime and the appointment of a fair punishment in a criminal case. First of all, it is necessary to establish the presence of elements of a crime in the act. Next, it is essential to assess the degree of his public danger, taking into account the presence of circumstances that mitigate and aggravate the punishment (Reid, 2017). It is also necessary to create a specific framework for law enforcement, thus narrowing the subject area of all kinds of public relations.
The Place of Homicide-Related Problems in My Worldview
The above problems are of great importance because in my system of values, the right to life is the most important natural human right. In my opinion, the current legislation needs to be reformed and to combat the above problems, some amendments should be made to the current legislation. From my point of view, the work should be carried out in two directions: changing the legislation and developing preventive measures to reduce and prevent criminal attacks on life. To improve the effectiveness of homicide prevention, the following tasks must be addressed: changing the policy of humanizing punishment and toughening penalties, including lifting the moratorium on the death penalty. It is also necessary to take preventive measures to prevent homicides. These measures could allow the legislator to change the domestic legislation to meet the needs of our country, taking into account international standards.
These positions confirm the idea repeatedly expressed in the unique literature that the current law regarding crime homicide, unfortunately, is far from ideal. To solve the problems associated with homicide crime, more attention should be paid to the recommendations of criminal law science
and the correction of the mistakes which have already been committed. To facilitate the correct classification of homicide and the imposition of fair punishment for it, it is necessary to carefully analyze the already accumulated normative material to avoid new legislative errors.
Fridel, E., & Fox, J. A. (2019). Gender differences in patterns and trends in U.S. homicide, 1976–2017. Violence and Gender, 6(1), 27-36.
Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies. Sage Publications.
Nelson, L. (2018). Provider conscientious refusal of abortion, obstetrical emergencies, and criminal homicide law. The American Journal of Bioethics, 17(7), 43-50.
Nowrasteh, A. (2019). Criminal immigrants in Texas: Illegal immigrant conviction and arrest rates for homicide, sex crimes, larceny, and other crimes. Research and Policy Brief, 4(1), 209-217.
Reid, S. (2017). Compulsive criminal homicide: A new nosology for serial murder. Aggression and Violent Behavior, 34(4), 290-301.