Bethany Kills Husband Thomas After 30 Years of Marriage: Criminal Case Analysis Essay

Introduction

The case in question is between, Bethany, who supposedly kills the victim Thomas, his husband. They have been married for 30 years. They have had relationship issues. Third parties accuse Thomas of violence. He never faces legal charges since his wife refuses to testify against him. The situation at hand is the unfortunate death of Thomas caused by his wife. Thomas, who has a history of alcohol and drug-taking, comes home to find his wife. He starts to behave in erratic behavior. Knowing her husband is violent when under the influence of alcohol, she flees to the guest bedroom. Hours later, Thomas forces himself into the room. He threatens her, pushes her to the bed, and locks her in the place. Bethany is scared and looks for an item to arm her. She finds a cricket bat which she swings towards the husband once he opens the door. This led to his death.These essay analyses their relationship, past, and present relationship status between the couple. The crime at hand, the cause of the offense, criminal liability, charges, and defense for were the ones Bethany committed. We also analyze the use of any objects, use of substance, motive and the different penalties

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Criminal Liability

Criminal liability means being held legally responsible for breaking the law. A person is held accountable for a crime when the unlawful conduct causes harm to another person. Every state has its state laws written into federal criminal codes. If the unwanted behavior is listed in the state's penal systems, it is stated as a crime (Robinson, 2017). In this case, Bethany is liable for killing her husband. She is strictly responsible for the death of her husband. The act of Bethany swinging and hitting Thomas with the cricket bat is enough to convict. For the court to decide the level of liability, they consider a lot of factors.

Strict liability holds a victim responsible for their actions. They are accountable for objects causing damage regardless of the fault on their side if the victim suffered harm. Strict liability often applies when people engage in a dangerous activity that can harm them or immediate neighbors (Liability & Whether, 2008). To determine liability, it is crucial to consider, possible level of harm of the action, if the action is expected in the place it is conducted and the level of necessity of the activity. Thomas pushes Bethany to the bed when she tries to get away from him. Thomas goes ahead to issue a threat saying he is going to get something to sort her out. Typically, she feels threatened enough to find an object to use for defense. It is expected of Bethany to hit him in self-defense, but not expected of her to him on his chest. Bethany knows how violent her husband gets, especially when under the influence of alcohol. She makes an irrational decision to hit her husband, not intending to kill him; unfortunately, he dies out of the hit.

The three elements of strict liability include; the act of doing a dangerous activity under any circumstances. In this case, Bethany hits her husband with a cricket bat on his chest. The second element, the hazardous act causes harm to the victim. The action of Bethany hitting his husband with the cricket bat causes his lungs to cave in and eventually causes him to chock to death. The third element is proof of harm/ injury by the victim. Thomas suffers from chest deformation and chocks to death. Basing the case on the above, factors, Bethany is strictly liable for the death of her husband.

Charges

Bethany is charged under section 25A of the Crimes Act (Nws) 1900, assault causing death. Under this section, a person is guilty of the offense, if the hit using an object or body part is intentional. The crime causes the death of the other person, and the law does excuse them. Bethany hits her husband using a small cricket bat she finds under the bed, causing him to choke to death. She is guilty of causing the death of his husband by hitting him with an object.

Thomas comes home late and starts behaving in an erratic fashion way. Bethany is aware that her husband is an alcoholic and that he gets violent when he is under the influence of alcohol. She escapes into the guest bedroom to get away from Thomas. At around midnight, he forces himself into the guest bedroom. He talks very loudly, saying she is trying to poison him using the cold roast meat. She tries to calm the situation, but his husband is on top of his lungs, accusing her of plotting to kill him. Bethany attempts to get away, but Thomas pushes her to the bed and locks the door. He says he is going to get something to sort her out.

When Thomas locks her in the room, she is terrified. She looks around the room for an object she can for defense. She finds a small cricket bat under the bed which she uses to arm herself. On re-entering the room, Bethany swings the bat and hits Thomas on the chest, causing him to fall to the ground, his chest caves in and subsequently chocks to death. Bethany has been correctly charged basing the statement on the three elements of the offense. Bethany did intend to hit her husband with the cricket bar. Two, the guilty act, Bethany hits his husband on the chest. Three, causation, the hit is responsible for the death of his husband.

Defenses that Bethany Can Rely Upon

Bethany, though strictly liable for her crime, she can seek justification basing her plea on self-defense. In law, self-defense is a defense against an assault attack. A person is justified to use reasonable force when it is reasonably necessary for any circumstance to defend them against unlawful assault. It is only imperative that the accused proves the victim acted with authority, and they acted reasonably in the event to protect themselves (Dressler, Strong& Moritz 2001). Several actions will determine the reasonability of the action taken. The nature of threat used by the victim, use of a weapon, capabilities of both parties, the proportion of force used by both parties, and the role of the accused in the incident.

In our case study, Bethany in her action is defending herself. Bethany is aware of Thomas past violent behavior. He comes home that night and start acting unpredictably and this made Bethany to escape to the guest bedroom. Thomas follows her a few hours later, bursting the door open talking very loudly. This proofs that Thomas is furious and applies a lot of force to enter the room she is . There is no way Bethany can stand a chance against him. She feels it is only secure to arm herself with an object. Men are strong compared to women. Bethany has to flee because she knows if she stands against him, she will lose. Bethany is the wife to the diseased; she loves her husband and chooses to stick with him even if the relationship was violent at times. If she wanted to kill her husband, she would have done it a long time ago.

Capability, from the case study, it is evident that Thomas was under the influence of alcohol and drugs. It is so unfortunate that Bethany was not aware of his husband drug abuse. Thomas is not in his right mind when talking to his wife. He says, "I started taking ice recently, and it's given me special powers, I know when people are trying to betray me." From this statement, ice does not give any powers. It is only right to conclude that Thomas is hallucinating. An effect caused by some drugs. At this point, Bethany cannot reason with his husband. She chose to flee since she knows he is a violent man. Thomas is capable of doing anything to his wife. He threatens her and saying he would get something to sort her out.

Other Relevant Legal Matters

Drugs are substances that affect the body and the brain. Long-term use of drugs results in health issues and permanent damage to the body organs. Effects of drugs in the body depend on the drug, mode of administration, and the span of usage. Examples of medications include alcohol, marijuana, opioids, stimulants, hallucinogens. Alcohol is one of the most consumed substances in the world today. It affects our bodies in different ways. These vary from person to person. Some people can control their drinking levels, and their actions while drunk. Others do not. The following are some effects caused by alcohol (Langford, 2007). Addiction makes one to have distorted vision and hearing, slurred speech, blackouts, headaches, vomiting, diarrhea, difficulties in breathing, and impaired judgment. Long-term effects include intentional injuries such as domestic violence, nerve damage, loss of productivity, family problems such as broken relationships and unintentional injuries caused by impaired judgment.

Marijuana is an illicit brew. It causes the body to have bloodshot eyes, memory problems, panic attacks, and dizziness. Stimulants are drugs that enhance the level of activity of the nervous system. They raise the temperature of the body, decrease appetite, hostility, and heart palpitations. Drugs have long term effects on the brain. Often they cause mental illness, depression, bipolar disorders, anxiety disorders, and borderline personality disorders.

According to the case study, Bethany and Thomas have been for married for 30 years. In the course of their marriage, there have been allegations of violence from third parties against Thomas. However, Bethany refuses to testify against him. He has never faced any legal charges. On the night in question, Bethany suspects that Thomas has been drinking, knowing he has a history of violence she decides to escape to the guest room. Bethany is not aware that his husband uses drugs. As explained earlier, drugs such as alcohol alter rational thinking and judgments. Some trigger hallucinations while others stimulate the body, causing unintentional reactions.

Manslaughter

Bethany can also be charged with manslaughter. In a situation where the crime is not planned, and the accused did not intend to kill the victim, a person can be charged with manslaughter. In law, manslaughter is also defined as unintentional killing (Langford, 2007). In this case, the death of Thomas is accidental; it is not intended to happen; neither is it planned. Following the occurrences in the story above, Bethany did not mean to kill her husband. She only uses the cricket bat for defense. Is not the hit that killed his husband? Thomas did not die on the spot. He chocks to death. The hit caves his lungs, which caused him to fall to the ground and chocks to death.

In this case, the victim is under the influence of alcohol. It is, therefore, tough to predict his behavior. He behaves in a manner that scared the wife. He talks very loudly and accuses the wife of wanting to kill him by poisoning his food. Thomas states "I started taking ice recently and it's given me special powers, I know when people are trying to betray me" This explains the effects of the alcohol and the drugs used by Thomas. His irrational behavior and threats show the effects of alcohol (Oscar-Berman &Marinkovic, 2007). Fearing for her life Bethany flees into the guest room where Thomas follows her, resulting in the occurrence of his death.

According to the Crimes Act 1900 Sec 25A, assault causing death calls for a maximum penalty of 20 years. Bethany is likely to be sentenced for 20 years. However, she can appeal the case and defend herself her primary motive being self-defense. From the case study, Bethany has been in a marriage with a violent man for 30 years. She has equally refused to testify against his husband in court over all the crimes he is accused of by third parties. In this particular case, Bethany escapes his husband when she suspects violence. These show that Bethany loves her husband. It shows that she never thought of fighting back. Instead, she always flees until her husband calms down.