This work explores in general intentional homicide according to the Czech law. Until recently, all cases of intentional homicide were considered as a murder. The new Czech penal code, adopted in 2009, divides intentional homicide into two crimes: original murder and less serious manslaughter. As mentioned above, crime of murder has gone through some important changes. In recent penal code, body of this crime is more divided for better fitting for specific offender; there is distinction between simple murder, which has affective character and premeditated murder or murder committed with aforethought. The term premeditation can be basically defined as mental activity of the offender that rests in evaluating of contradictory driving motives and precedes and determines the decision to commit a crime or to commit a crime in a certain way. Premeditation and aforethought characterize cases, in which the offender had relatively higher degree of rational control over his or her criminal act. Offender had a chance to take into account the motives dissuading him from the crime. Crime of manslaughter is a new a privileged factum in the system of Czech homicide law. It has two possible factums: excusable intense mental agitation and previous condemnable conduct of the aggrieved. Next part of the work focuses on the...

This diploma thesis is devoted to the investigation methodology of murders. The main emphasis is given to the procedure of the police authority within the investigation of murders. Since this topic is very extensive and the methodology comprises of the great amount of activities, I dedicate this diploma thesis only to the selected areas thereof. The first chapter describes the specification of the crimes against life, in particular legal regulation and related aspects. I focused on the legal regulation in Czech law with respect to a crime of murder, homicide and murder of a new born by its mother. Only marginal attention is given to a crime of negligent manslaughter and a crime of assisting with suicide. The second chapter comprises of the statistics of the committed murders. I analyse the statistics of the numbers of murders committed within the European Union, the Czech Republic and the Ústí region. Another part of the thesis is theoretically orientated. I concentrate on the criminalistics characteristic of a murder and the fundamental aspects thereof - the mode of committing a crime, the personality of a murderer, the personality of a victim and a criminal motive. The following chapter forms the crucial part the diploma thesis in which I analyse typical investigation situations, in particular in...

- Crime of murder and killing under Section 140, Section 141 of the Czech Criminal Code The target of my thesis is primarily a closer analysis of the legal characteristics of subject matters of crimes of murder and killing under § 140 and 141 of the Criminal Code, based on the grounds of the available literature and case law. The first chapter outlines the history and conception of intentional killing on the Czech territory, including their punishment, since the primitive culture society until the adoption of the Law no. 40/2009 Coll. (Criminal Code). The second chapter is devoted to a brief definition of a new system of the problematics of crimes against life and health in the new Criminal Code, including various forms of intentional killing, and is designed as a general introduction for further explanation. In the next chapter, we discuss human life as an object of crime, with a focus on clarifying the issue of its beginning and end, because it is necessary to define the period in which human life is protected by the criminal law. In order to make the text more synoptic, the main explanation for the offence of murder is divided into two chapters. The first one is there for introduction to the basics of the subject matters of this crime. In the sub-chapter devoted to the subjective aspect I...

Resumé This Master's thesis concerns murder and manslaughter under ss. 140 and 141 of the Czech Penal Code. It is impossible to solve this problem globally, because it is a very broad topic. The thesis focuses on s. 140 (3), which covers qualified murders. The author tries to describe qualified elements in such murders on the background of jurisprudence and court decisions; then he considers them. The qualified elements under s. 140 (3) of the Czech Penal Code are divided into seven chapters. The author not only describes the elements in each chapter, he also tries to analyse the possibility of legal qualification of manslaughter in situations, where qualification elements under s. 140 (3) of the Czech Penal Code are formally satisfied. Each of the chapters contains a brief comparison with German law, too. The thesis is composed of ten chapters. Chapter One is the introduction to murders and intentional killings generally. It provides the system of intentional killings under the Czech Penal Code, Czech legal history of such crimes, obligatory elements in murders and it deals with differences between affective and premeditative murders. Chapter Two introduces legal regulation of qualified elements under s. 140 (3) of the Czech Penal Code. The following seven chapters are the main part of the thesis. Chapter...

This thesis called "Crime of murder under Section 140 of the Criminal Code, criminal-law and criminological aspects" focuses mainly on description of variety aspects connected with the above mentioned crime. It does not thus concentrate only on a legal standpoint. In the beginning, it contains history of legal regulation of the crime of murder, depiction of punishment for such crime in a "historical" area of the Czech Republic within past centuries, as well as development of principles governing the main criminal codes (or regulations) throughout history. Term and principle of protection of the human life is, as an integral part and key term of the thesis, mentioned therein including very precise and detailed definition of the commencement and termination of the human life such moment being very important for determination whether the murder may have been, in certain cases, committed or not. Actually, right to life is also one of essential notions used also in international-law treaties and declarations whose list is also contained in the thesis. As it follows from the title of the thesis, its core shall be (and, indeed, is) represented by the valid legal regulation of the crime of murder under Czech law. After decades of usage of socialist criminal code, Act No. 40/2009 Coll., Criminal Code, as amended,...

in English The topic of the thesis is the " The Methodology of Investigation of Murders (selected issues)". The topic is too broad for the limited capacity of the dissertation. While writing the thesis, after the necessary theoretical introduction (which contains the definition of crimes against life, medical definition of death, etc.), I focused only on the initial stage of the investigation of the crime of murder. I specifically focused on the discovery of the body, on securing the crime scene, on autopsy and on the demarcation of investigative versions. Next stage of the investigation is only briefly summarized in the ninth chapter. The thesis is divided into ten chapters. The first chapter explains basic terms, especially murder, murder of a newborn baby by its mother and other crimes against life, such as manslaughter, negligent homicide and assistance to suicide. This chapter also includes medical definition of death, and a brief description of the post-mortem changes. The second chapter consists of brief statistics on the number of murders in the Czech Republic between the periods 2000 to 2012. It contains two graphs; the first graph shows the evolution of the total number of murders each year and their solving. The second graph divides murders according to the specific motives. The third...

Resumé This thesis called "Crime of murder and killing under Section 140, 141 of the Criminal Code" focuses mainly on description these two crimes, basic problems with interpretation of vague legal concept and evaluating the benefits of the new legislation. Thesis deals with the issue in terms of criminal law, not the criminological point of view. In the beginning, it contains the history of legal regulation of intentional killings in our country, development the protection of human life and main principles governing penal codes in Czech history. Subsequently, the thesis applies one's mind to the status of human life in the present. The protection of human life occupies one of the leading places in the Charter of Fundamental Rights and Freedoms of Czech Republic and in a new Criminal Code effective from the year 2010. Right to life is also the subject of many international treaties or declarations, the most important of them are mentioned. One chapter is devoted to question of precise determination the moment of commencement and termination of human life, which is very important for answering the other question, whether the crime of murder or killing, have been committed or not. The core of the thesis is devoted to characterizing the main elements in murder and killing. New criminal code, Act No. 40/2009,...

New Orleans experienced elevated homicide rates throughout the 30 years between 1985 and 2015. The city’s homicides were especially prominent in socioeconomically disadvantaged communities. This study explored the lived experiences of residents from one such neighborhood, Hollygrove. Using qualitative methods of individual interviews, focus groups, and participant observation, the study explored homicide through three prominent theoretical lenses, Social Disorganization Theory, Subcultural theories, and Institutional Anomie Theory, to better understand the conditions in a high-homicide neighborhood that help to explain neighborhood-level violence. While existing theories of homicide causation have taken a predominately quantitative approach that compare high-homicide neighborhoods, I took an ethnographic approach informed by a social constructivist paradigm to test existing theories against the lived experiences of those whose daily lives were impacted by neighborhood-level homicide in a single community. Interviews were conducted with neighborhood residents, community leaders, neighborhood politicians, and police officials. The data indicated three conditions connected to high- or low-homicide risk in the community. The neighborhood’s values-orientation moved between subcultural values and prosocial values. Structural conditions in the community shifted between marginalization and enhanced social capital. Finally, neighborhood boundaries were found to vacillate between porous and rigidly defensive. Each of these conditions impacted the neighborhood’s ability to enact collective efficacy and to create a milieu that either resisted or enhanced the likelihood of homicide. While none of the existing theories was sufficient to explain neighborhood homicide, elements of each were present in the data.

My thesis deals with crimes of murder and manslaughter under section of 140, 141 Czech criminal code. The main goal is to analyse obligatory and facultative facts of these crimes, especially by using legal literature and tens of judicial decisions. However, this goal is not easy to achieve if the reader is not properly familiar with general issues concerning the topic. Therefore, some of more general topics are necessary part of my thesis as well. A short introduction in the beginning is followed by a chapter dedicated to human life. Human life is protected object of both discussed crimes, murder and manslaughter. What needs to be properly understood is where a human life begins and ends. Man can be only killed only if his or hers life had begun as perceived by criminal law. The chapter is focused on the majority understanding of the beginning of a new life of the legal experts (to which I also lean towards) but the minority opinion is briefly mentioned as well. The end of human life is even more important because killing another person is the merit of the concerned crimes. However, the end of the human life is mostly quite clear and it is not usually questioned by legal experts. The second more general chapter is determined to introduce the historical development of the legal regulation of the...

This is a book-length work of memoir/creative non-fiction focused around my father’s sudden death and the resulting effects, direct and indirect, on my family and myself. To borrow the disclaimer Maggie Nelson makes at the beginning of her book, The Red Parts: “This book is a memoir, which is to say that it relies on my memory and consists primarily of my personal interpretations of events and, where indicated, my imaginative recreation of them. Conversations and other events have been recreated to evoke the substance of what was said or what occurred, but are not intended to be perfect representations.”