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Violence has become commonplace in the US such that news of mass shootings or police brutalities is no longer surprising. Fausset et al. (2021) report the most recent incident on March 18 in which a gunman went on a rampage at three spas in Atlanta and killed eight people. The perpetrator was arrested following a massive manhunt and is set to be charged with eight counts of murder (Fausset et al., 2021). Hence, the prosecutors must demonstrate the presence of the requisite elements of murder.
Murder is the highest and most serious category of criminal homicide that, consequently, attracts the greatest punishment. According to §16-5-1(a) of the Georgia Code 2017 (Georgia), this offense arises when an individual unlawfully and with express or implied malice aforethought, causes the death of another. Accordingly, the elements of this crime are threesome: the act of killing a person, premeditation, and which cannot be justified legally. All three componentslawful justification, premeditation, and the actual killingmust be present.
All three elements are present in the mass shootings in Atlanta explained above. First, the gunman discharged his weapon and killed eight people. These actions are a manifestation of the physical elements required to execute a murder. Second, the element of malice aforethought or premeditation embodies a mental aspect that signifies the intention that underlines the physical act. The suspect indicated that he shot the spas and massage parlors as a means to rid himself of temptations arising from his sexual addiction (Fausset et al., 2021). It is apparent, therefore, that he had deliberated on the matter and purposed to execute the killings as a means to address his personal issues. Third, no legal justification whatsoever can suffice to excuse his actions. He did not kill in self-defense or based on any other legal ground, thus, his conduct was unlawful. All three elements of murder are present under the circumstances and the suspect is likely to be found guilty by a jury.
References
Fausset, R., Bogel-Burroughs, N., & Fazio, M. (2021). 8 people killed in Atlanta area with fears of anti-Asian bias. The New York Times. Web.
Georgia Code 2017 (Georgia) §16-5-1(a) (USA).
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