Homicide and law enforcement and Montana statute
Homicide and Law Enforcement OVERVIEW
Many jurisdictions have adopted the Uniform Determination of Death Act, which provides that the individual has either 1) irreversible cessation of circulatory and respiratory functions, or 2) irreversible cessation of all function of the grain, including the brain stem. A criminal homicide must be the proximate result of the criminal act, and cannot be so remote that it is not the natural and probable consequence of the criminal act.
Other time limits that may be established by statute, and how some states have abolished a time limit altogether as long as a causal connection can be established between the criminal act and resulting death. Along with the elements of the statute, the facts are critical to determining whether the elements can be met. For example, sometimes death occurs after the fatal injury, and in some cases, homicide prosecution under common law require that the death of the victim within a year and a day from the time that the ultimately fatal act took place.
Homicide and Law Enforcement INSTRUCTIONS
For this assignment, research your state’s homicide laws using a statute list from your state’s government Web site. Review the list of homicide statutes to guide you in locating a state homicide case on point with one of the homicide statutes and complete to the following:
- Describe one type of homicide from your state statute.
- Explain the elements required to prove a violation of the statute selected.
- Explore a case that is based on a charge associated with your selection, including the facts of the case and the ruling of the court.
- Articulate why it is important for a law enforcement officer to understand the elements of the statute and the court’s interpretation of the statute when conducting an investigation of the crime.
REQUIREMENTS
- Written communication: Must be free of errors that detract from the overall message.
- Resources and citations: Format according to APA guidelines.
- Required page count: 3–4, not including the cover page or the references page.
- Font and font size: Times New Roman, 12 point.
Homicide and Law Enforcement Scoring Guide
Due Date: End of Unit 4.
Percentage of Course Grade: 13%.
| Criteria | Non-performance | Basic | Proficient | Distinguished |
| Describe one type of homicide from your state statute. 23% | Does not describe one type of homicide from your state statute. | Somewhat describes one type of homicide from your state statute. | Describes one type of homicide from your state statute. | Comprehensively describes one type of homicide from your state statute. |
| Explain the elements required to prove a violation of the selected statute. 23% | Does not explain the elements required to prove a violation of the selected statute. | Partially explains the elements required to prove a violation of the selected statute selected. | Explains the elements required to prove a violation of the selected statute. | Thoroughly explains the elements required to prove a violation of the selected statute. |
| Explore a case based on a charge associated with your selection, including the facts of the case and the ruling of the court. 22% | Does not explore a case based on a charge associated with your selection, including the facts of the case and the ruling of the court. | Partially explores a case based on a charge associated with your selection, including the facts of the case and the ruling of the court. | Explores a case based on a charge associated with your selection, including the facts of the case and the ruling of the court. | Thoroughly explores a case based on a charge associated with your selection, including the facts of the case and the ruling of the court. |
| Articulate why it is important for a law enforcement officer to understand the elements of the statute and the court’s interpretation of the statute when conducting an investigation of the crime. 22% | Does not articulate why it is important for a law enforcement officer to understand the elements of the statute and the court’s interpretation of the statute when conducting an investigation of the crime. | Partially articulate why it is important for a law enforcement officer to understand the elements of the statute and the court’s interpretation of the statute when conducting an investigation of the crime. | Articulates why it is important for a law enforcement officer to understand the elements of the statute and the court’s interpretation of the statute when conducting an investigation of the crime. | Thoroughly articulates why it is important for a law enforcement officer to understand the elements of the statute and the court’s interpretation of the statute when conducting an investigation of the crime. |
| Utilize appropriate communication techniques in form and analysis. 10% | Does not utilize appropriate communication techniques in form and analysis. | Utilizes some appropriate communication techniques in form and analysis. | Utilizes appropriate communication techniques in form and analysis. | Thoroughly utilizes appropriate communication techniques in form and analysis. |
Homicide and law enforcement and Montana statute