On Subjective Aspects Of Intentional Homicide And Death Penalty

As an ancient natural crime,intentional homicide has a special link with offender’s subjective malignant and justice. In this paper, a number of judicial cases were analyzed, and then we found that the subjective aspect of intentional homicide plays an important role in apply for death penalty. However, several recent popular homicides shows that the judge’s decision on the case lacked the necessary reasoning, the public are not convinced with the verdict, and the public opinion on the fairness of the justice have been questioned because of the ambiguity of the legislation and the rough of judicial guidance. So we attempt to seize the subjective aspects of offenders, in order to limiting the discretion of the judge, to achieve a fair case and to safeguard the credibility of the judiciary. Through theoretical analysis and case study, we believe that the subjective aspect of intentional homicide is used to exclude the death penalty. In addition, the choice of the method of execution should be considered after considering the offender’s guilt, criminal motive and emotional attitude. These several elements are classified according to the size of the subjective malignant. We make the sin to be the basic classification, and make the premeditated intentional murder, non-premeditated intentional homicide, indirect intentional homicide as three classifications. Then, how to apply the death penalty is cleared.