...Criminal Justice Final Response Sociological systems are created to protect society by addressing the needs of people including justice, fairness, responsibility, and public safety. Criminal laws reflect the above needs by setting rules and providing appropriate punishments. These punishments are but not limited to fines, imprisonment in jail or prison, probation, and the death penalty. Criminal laws are interpreted by the judiciary and prosecuted by the courts pursuant to the social contract. Citizens under indictment can only be held responsible for a crime if all five elements of criminal law are proven beyond a reasonable doubt. These elements are mens rea, actus reus, concurrence, proximate cause, and corpus delicti. After two hours of deliberation jurors found Zach Williams guilty of first-degree murder in the killing of his ex girlfriend, Lindsay Hollister. Friday morning, Lindsay was found in her apartment; victim of six stab wounds. The Forensics team and other officers who arrived on scene collected evidence including a mirror with blood splatter and the knife suspected to be the murder weapon found under a chair. Phone records prove that late Thursday night Zach texted Lindsay’s best friend, Emily, saying that Lindsay would pay for breaking up with him. The murder weapon was proved to be the knife found under the chair by matching the shape and pattern to the wounds in Lindsay’s body. DNA Forensic Analyst, Dr. Mark S. Levin, tested the blood found at...
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...Juvenile Delinquency and the Adult Court System Soc. 321 Juvenile Delinquency February 21, 2013 Table of Contents Abstract 3 Social Norms in Society 4 The founding father 4 Gangs 4 Juvenile Delinquent 5 Juvenile Justice 5 Juvenile Prosecution 6 Waivers 7 Factors for Waivers ...
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... WATCH OUT IF THE CRIME IS “ATTEMPTED …” - THEN INTENT IS NEEDED CRIMINAL LAW MURDER • Murder: To be guilty of murder, one must unlawfully kill another human being with malice aforethought which may be (i) intent to kill; (ii) intent to inflict great bodily injury; (iii) reckless indifference to an unjustifiably high risk to human life (depraved heart); or (iv) the intent to commit a felony. • At common law, the crime of attempted murder requires both a specific intent by the actor to kill the victim and an act that puts the D in close proximity to completing the crime (For MPC, it must be a “substantial step” rather than close proximity). • If you intend to kill A but kill B instead, you cannot be guilty of the ATTEMPTED murder of B. • If you want to kill A, but shoot at B thinking it is A, and you wound C, you are guilty of the attempted murder of B (MBE 1992) • You are liable for murder if your act was not only the “but for” cause, but also a natural and foreseeable result – the “proximate” cause. • Accidental killing committed during the course of a felony is common law murder. • Common law murder is wanton and reckless. • No crime if you systematically deprive child of food, don’t call doctor, child would have died from malnutrition in a few months, but child’s cause of death is cancer. • Russian roulette is a killing with “abandoned and malignant heart” b/c it exhibits a recklessness indifference to the “very high” risk of death or serious injury. • Depraved...
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...Assignment 4: Crimes Against Property Debbie Dale Professor Lori Baggot LEG320 – Criminal Law June 5, 2013 Debbie Dale Professor Baggot LEG 320 – Criminal Law June 5, 2012 Assignment 4- Crimes against Property In the crime of shoplifting the taking requirement can be met by the fact that the shoplifter intentionally came into the store to commit theft. Shoplifters generally sell the stolen goods that they acquire. Shoplifting is defined as stealing goods retail stores by concealment, generally on the person of the defendant. Commission of the act does not require removal of the goods form the store. The key to taking is that the shoplifter takes unauthorized possession over another’s property. Retail stores allow limited use of a customer handling the merchandise. The customers may examine the clothing; take the merchandise into the dressing room to try on and walk through the store with it in hand or in a shopping cart. What makes it shop lifting is when the customer conceals the merchandise and therefore give the intention to take the merchandise. The merchandise is placed on display to be sold and if it is not purchased it should be return to the display rack. Private security officers for retail stores are trained not to apprehend an alleged thief unless they leave the store with the merchandise that they concealed. But according to People v. Britto the New York Court of Appeals ruled that the merchandise does not have to leave...
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...Criminal Acts and Choices D Brat CJA/204 January 18, 2012 University of Phoenix Criminal Acts and Choices This paper will identify and describe choice theories and how they relate to crime, and will list and describe the common models in how society determines which acts are considered to be criminal and how it impacted by choice theories of crime. It is easy to understand why the entertainment industry and the media are targeted as the cause of criminal violence, many other explanations for crime are also viable, like genetic abnormalities or psychological differences in individuals. Various patterns of early socialization may cause a person to commit a crime (Schmalleger, 2009). Some types of criminology theories are classical and neoclassical, include the Free will theory, rational choice theory and routine activities theory. Crime is caused by exercise of free will. Prevention is possible with punishment that offsets any gains to be had through criminal behavior. The choice theory was developed in the 18th century by an Italian philosopher and politician. His theory explains the offender’s motivation to commit a crime is purposeful, with the intent of some sort of ego boosts or personal gain. The rational cause theory is when the offender makes the choice to commit the crime upon examining the consequences or benefits. The offender would then plan the crime and the location and the target of the crime. The offender would then execute the crime knowing that it is...
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...coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence) Chapter 5 – Homicide: Murder and Involuntary Manslaughter 5.1 Patterns of homicide 423 Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability. 5.3 Murder S18 Crimes Act (1900) NSW S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section...
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...Computers and Crime Faculty of Arts Assignment One Author Question: The Australian Centre for Policing Research Minimum provisions for the investigation of computer based offences (Reading 3) sets out the following items that should be considered for computer crime related legislation: 1. Unauthorised use 2. Computer related fraud 3. Computer forgery 4. Damage to computers 5. Unauthorised interception 6. Unauthorised reproduction of a protected computer program 7. Data misappropriation 8. Unauthorised access devices 9. Impersonation 10. Objectionable material and child pornography Compare the legislation available in your jurisdiction to each of the above items. The legislation can be shown in table form if convenient. Discuss the strengths and weaknesses of the legislation in your jurisdiction against the ACPR ‘ Minimum Provision.’ The Queensland Police Service has a dedicated computer investigation Section that investigates all computer related offences. To facilitate this, the following State legislation are used: Criminal Code Act 1899 Classification of Computer Games and Images Act 1995 Evidence Act 1977 Criminal Proceeds Confiscations Act 2002 Table demonstrating Queensland Law and relevant Act and Section |Incident description |Covered by State Legislation |Relevant Act and Section | |Unauthorised Use |Yes ...
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...The Age of Criminal Responsibility Case Study Katherine Zabonik Liberty University Abstract Our legal system states that children under 7 are not to be held responsible for crimes. Children 6 years and younger are not able to form criminal intent; There are biosocial, cognitive, and psychosocial reasoning behind this legal decision. Biosocial factors include the inability for a child of this age to control emotional impulse; cognitively, children are unable to view the world outside of their own perspective, and psychosocial factors include emotional regulation and media influences. The Age of Criminal Responsibility Case Study Can a child commit a crime with criminal intent? It is said that a 6 year old cannot form criminal intent, because the brain has not yet completely developed. The prefrontal cortex, also known as the frontal lobe, will continue to mature over the years. This development occurs through early experience. “Brains grow rapidly before birth and throughout infancy” (Berger, 2014). By the age of 6, most of the brain is functioning and present, however the maturation of the prefrontal cortex is important. Games like “Simon Says” or the “Shape Game” can be played to observe if the prefrontal cortex is working, “but might personal experience rather than brain maturation be the reason?” (Berger, 2014) The Limbic system aids the expression and regulation of emotions which lodges three major areas of the brain;...
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...ESSENTIAL ELEMENTS OF CRIME Elements: Actus Reus – physical act or unlawful omission by the D Mens rea – state of mind or intent of D at the time of act Concurrence – actus reus and mens rea exist at same time Harmful result and causation – a harmful result caused both factually and proximately by D’s act Attendant circumstances – ACTUS REUS: Definition: physical/external, or objective, part of the crime Eser = Actus Reus is the comprehensive notion of the act, harm and its connecting link, causation, w/ actus [expressing the voluntary physical movement in conduct] and reus [this conduct results in a certain proscribed harm (e.g. causes injury to the legal interest protected in that crime)] Conduct crimes: punished for illegal act [e.g. driving while intoxicated] Result crimes: punished for result [e.g. murder] VOLUNTARY ACTS: Definition: The D’s act must be voluntary in the sense that it must be a conscious exercise of the will. Rationale: An involuntary act will not be deterred by punishment. Not voluntary // not liable: Conduct that is not the product of the actor’s determination. E.g. A shoves B into C w/ result that C falls to death. Reflexive or convulsive acts Acts performed while the D was either unconscious or asleep UNLESS the D knew that he might fall asleep or become unconscious and engaged in the dangerous behavior. MARTIN V. STATE: Police arrested drunk Martin at home and brought him to highway – convicted of being drunk on highway...
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...Essay Criminal behaviour should be considered a matter of individual rather than social responsibility. Discuss Carl Ikejezie Criminal behaviour is one of the negative aspects of the human society and it affects the whole world. Its causes are innumerable, from lack of jobs to lack of education to poor family upbringing and genetic predisposition. Criminal behaviour is any behaviour that has a criminal intent, or results in punishment by law enforcement of some type. This essay intends to show with evidence from research that criminal behaviour is a matter of social responsibility more than individual responsibility. The following are some of the crimes: sexual abuse, robbery, drug dealing, fraud, arson, theft, manslaughter, etc. The causes of this behaviour are many; because of the nature of this essay only four will be discussed here, namely: poor upbringing, lack of education, lack of jobs, and genetic predisposition. Poor upbringing is responsible for many criminal behaviours in society. Parental involvement in children’s upbringing is essential. The early learning can be enhanced or inhibited by the environment in which a child grows up. If the child witnesses family conflict and disorders, he is more likely to be a victim of violence that can hurt him for life. One research reveals that the absence of the father in family is determinant in the behaviour of young people, and is defined as “hyper masculine”. These young...
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...Crimes against Property 2 The definition for property crimes, according to www.findlaw.com/propertycrime; property crimes are crimes related to theft or destruction of someone else’s property. The crimes can range for shoplifting as the lower level and armed robbery and arson as the higher level. Illustrate the different ways that the taking requirement can be met in the crime of shoplifting, and how private security officers are trained to handle a shoplifting incident. The crime of shoplifting, according to Gardner/ Anderson, (2012); is retail theft, is form of theft and larceny. Shoplifting has the same essential elements as theft and larceny: a taking and carrying away, of the property of another, without consent and with intent to steal and deprive the owner of possession of the property. In modern self-service stores, customers are invited to examine merchandise in display. According to Gardner/ Anderson, (2012); garment may be taken to dressing room and tried on. Stores do not consent to concealment of their merchandise by customers. The merchandise is offered for sale, and if customers are not going to purchase an object, they are obligated to return the merchandise to the display counter in good condition. Private security officers and retail employees, according to Gardner/ Anderson, (2012); if crime was not seen, it has not happened. Customers...
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...elements of a crime are the actus reus and mens rea. The actus reus is a crime comprises an actus reus, or a criminal act or omission, and a mens rea, or a criminal intent. Actus reus generally involves three elements or components: first one is a voluntary act or failure to perform an act, second is who causes, and third one is a social harm condemned under a criminal statute. The conduct itself might be criminal. For example the conduct of lying under oath represents the actus reus of perjury. It does not matter that whether the lie is believed or if had any effect on the outcome of the case, the actus reus of the crime is complete upon the conduct. Examples of conduct crimes are things like Perjury, Theft, Making off without payment, rape and possession of drugs or a firearm. The actus reus may relate to the result of the act or omission of the defendant. The conduct itself may not be criminal, but the result of the conduct may be for example it is not a crime to throw a stone, but if it hits a person or smashes a window it could amount to a crime. Causation must be established in all result crimes. Examples of result crimes are things like Assault, Battery, ABH, Wounding and GBH, Murder & Manslaughter and Criminal damage. For state of affairs crimes the actus reus consists of 'being' rather than 'doing' for example 'being' drunk in charge of a vehicle (Duck v Peacock 1949) or 'being' an illegal alien (R v Larsonneur 1933). Occasionally an omission can amount to the actus...
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...Parental Accountably Regarding Children’s Crimes A controversial issue faced in the modern day court system of the United States is the level of accountability placed on a parent concerning crimes committed by their children. Most state laws impose civil liability for acts done maliciously or acts done knowingly and intentionally. Parents are blessed with the opportunity to teach their children how to behave and act civil but many choose to be lazy and not take it. Are these the parents who should be held accountable? How do you differentiate the parents who teach their kids and the ones who don’t? That’s the problem with the whole situation. You can’t tell the difference because people lie, whether it is the kids who know better and chooses...
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...necessary mens rea for the offence, his or her actions are not sufficient enough to constitute the actus reus for the complete offence. Attempt is a requisite addition to the criminal law for both practical and moral reasons. Firstly, a person who intends to commit an offence is no less morally liable than an individual who does, simply because his actions did not materialise the offence wholly. Secondly, it is in societies best interests to ‘strike out pre-emptively against criminal behaviour rather than stand idly by and wait for its pernicious consequences to reach fruition before acting’. The law of attempt has been plagued with contentious issues throughout...
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...shoplifting is becoming a serious crime. Juveniles commit this crime for many different reasons. Social influence plays a big part in why most juvenile commit the crime of shoplifting or also knows as stealing. Influence from peers can become overwhelming to where a person feels as if they have to steal to feel accepted. Economic reasons can also cause a juvenile to shoplift. Families today are struggling and juveniles don’t understand that their parents just don’t have the money for the certain things that they want. This often leads them to shoplift so that they can have the items like their peers have. There are also psychological influences that play a part in juvenile shoplifting. There is a disorder called Kleptomania, which causes the juvenile to shoplift. Shoplifting can become an addiction and this causes the person to commit the crime more often so that they can receive the rush. There are many factors why juveniles commit the crime of shoplifting. Juvenile Shoplifting Juveniles today are under more pressure than ever. The pressure to fit in and to be accepted among their peers is very important. This causes many juveniles to commit the crime of shoplifting. What are the common reasons that juveniles shoplift? Social influence can cause a juvenile to shoplift so that they feel accepted or to get attention from their family and friends. Negative influence from peers is a major part of why juveniles commit this crime. When a person hits the adolescent...
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