Sentencing Cause Qualitative Case Studies And Idiosyncratic Death

Cases of victims idiosyncratic are typecast. Qualitative judicial operation exists comparatively large differences, the practice of judgment include:crime of mayhem (lethality), crime of negligent homicide, fortuitous event etc. Different judgments cause different codefendant often happen, which lead to gross violations of human rights. Qualitative cases of ideograms death must begin with four bases:Firstly, persist in compromised position of correspondence of causal relationship. Persist in compromised position of correspondence of causal relationship. Compromise theory point out the objective facts emphatically that whether common man and reason in society cognized their behaviors. Solving problems in a rechtswidrigkeit framework on the basis of that is not only has practice import but also accord with theoretic logic. In the case of battering ideograms until death, the act from the accused person is always the important factor in inducing disease of the ideograms. Ideograms is not an independent intervening act, which can’t interrupt the nexus between the act of battering and death previously. Death is caused by many factors; there is a causal relationship between the battery and death. Secondly, theory of types analyzes the nexus between act and result in the ideograms-death case via potential risk proves that the objective imputation theory is practical. By means of three standards:the specific role of first risk to the result of death, the possibility that the first risk meet source of problem, the impact on source of problem judge whether doer will take responsibility for the death. Thirdly, determine the nature in ideograms-death case can’t only depend on doer’s subjectivity. Subjectivity can’t be the only ground, we must follow the principle that subjective coordinated with objective. Finally, on the premise that admit the causation act-result,"injury" in the crime of willful and malicious injury is reinterpreted which consider injury includes battery, willful and malicious injury includes willful and malicious battery. It also proposes the distinguishing criteria of ordinarily action and injury action and take the level of violence in the action as one of the qualitative evidence. On the basis of the correct qualitative in ideograms-death case, sentencing analysis about crime of intentionally injury and negligent homicide which will be sentenced, in order to provide a relatively reasonable standard that will solve disunity within measurement of penalty in practice.