...We must begin to look at the different scenarios that led to the arrest of Jack after he fled a murder and attempted murder crime scene. Behind each murder or attempted murder, in this case, we must show whether individual intentions were to commit such an act and if that act was ever attempted. When one murders an individual or attempt to murder an individual, charges should be brought against them. The statutory standard for an Attempted charge is defined as ‘a person is guilty of an attempt to commit a crime if there was intent, substantial step toward committing the act, and failure to commit the crime (Lippman, 2010, pg. 191). There are three key elements behind an individual attempt at crime; “an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to commit the crime” (Lippman, pg. 191). In this particular case there should have been a charge of attempted murder as the three elements exist. In Jack’s attempt to shot Bert, it showed intent, an attempt, and, fortunately for Jack, a failure at committing the actual crime. As you can see, by the steps outlined of Jack actions, when he approached the car to kill Bert his intention were to murder an individual. Per definition murder is defined as “the crime of unlawfully killing a person especially with malice aforethought” (Merriam-Webster, 2012). The unlawful killing took place when he shot at the two individual in the car, killing Pratt, however only showing attempt...
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... In this paper I will be discussing whether the court was correct in dismissing the attempted murder charge. I will describe the elements of a criminal act and address impossibility and distinguish if it is a complete or incomplete attempt. I think that the courts were wrong in dismissing the charges against Jack in the attempted murder of Bert. As the textbook states a criminal intent involves a dual intent: * An individual must intentionally perform acts that are proximate to the completion of a crime. * An individual must possess the specific intent or purpose to achieve a criminal objective. To be charged with attempt there are three legal tests for the actus reus. All three ask whether an individual’s actions clearly indicate intent to commit a crime. (Lippman, M. 2007). Physical Proximity to the commission of a crime. Defendant’s actions are close to completing the crime. The focus is on the remaining steps required to complete the crime. (Lippman, M. 2007). I believe that Jack's actions of pointing the gun and pulling the trigger at Bert are the remaining step in completing the attempted murder of Bert. Whether he achieved his goal or not his intent was shown that he wanted to kill Bert. Unequivocally or clarity of purpose to commit a crime. An ordinary person looking at the defendant’s acts would conclude without a doubt that he or she intended to commit the crime without any other information. (Lippman, M. 2007). From the information provided “Jack...
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...Lonnie nettles Criminal Law 290 Instructor: Jill Hudson Phase V IP June 22, 2015 THE CRIMINAL ACTS IN THIS SCENARIO ARE AS FOLLOWS: Criminal conspiracy / Conspiracy to commit a crime: is defined as an agreement between two or more people to commit a crime or to perpetrate an illegal act. Conspiracy crimes that are federal can include conspiracy to engage in criminal activity such as money laundering, conspiracy to violate federal laws, or conspiracy to manufacture drugs or weapons. http://criminal-law.freeadvice.com/criminal-law/criminal- terms. Jane committed this crime when she agreed to accept the five hundred dollars, in exchange for the key. Thinking that Jack was going to commit some sort of crime or / “steal some of her valuables”. For this reason I do think that the woman should be convicted easily of this crime. although the mitigating factor I found should help her during the sentencing phase, and my even provide an adequate defense. Identity Theft: is the crime of obtaining the personal identifying information of another person and using that information to obtain property or information to which he is not entitled, and doing so without the permission of the person whose personal identifying information is used. This is a very rapidly growing area of white collar crime, is international in scope, and is often done with sophisticated computer hacking techniques, but can also be accomplished by simply surfing trash cans. Shredders are good protection...
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...charged with Capital Murder after attempting to commit robbery at a gas station in San Antonio, Texas on April 12, 2010. Thompson purposely caused the death of Vanessa Pitts by driving erratically to cause Pitts to be thrown from the truck he was driving. Thompson stole Pitt’s purse from her car while she was fueling up and she chased after him attempting to retrieve her purse. During the pursuit, Pitts jumped onto Thompson’s running boards on his truck while Thompson began to swerve in and out of traffic and eventually threw Pitt’s off of his truck. Thompson never stopped after Pitt’s was flung from his truck and Pitt’s died from injuries from being thrown from the truck. Issues of Law: 1. Is there enough evidence to prove that Thompson should be charged with Capital Murder? 2. Should Thompson be charged with a lesser charge such as Manslaughter or criminally negligent homicide instead Capital Murder? Statute: According to Tex. Pen. Code Ann. § 19.03 (Vernon) in the State of Texas, an individual can be charged with Capital Murder if “(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);” Tex. Pen. Code Ann. § 19.03 (Vernon) Adjudicated 1. Trial court erred Plaintiff’s request for a lesser charge and was found guilty of capital murder. . Thompson v....
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...well as to enter a plea bargain in which he could then buy his freedom and go free without getting a full sentence for his crimes. The defendant in this case was a senior general who had been charged with several graft cases and he is former military comptroller Major General Carlos Garcia. The Supreme Court was the best jurisdiction to take over this case because it has the highest authority to handle cases ion the entire nation of Philippines. As such, it has the ability to preside over cases involving highly influential people and large amounts of money, in which courts with lower authority could be easily corrupt. Moreover, judges in lower courts may be intimidated, or their authority undermined. In this case, the defendant faced charges against the government and as such, the government wanted stricter punishment for theMajor General Carlos Garcia so that he could serve as an example to the rest of the nation for involving in such atrocious crime. According to the Court, the Major General was accused with squandering money from the government during his term in office as the top finance official. During this time, the accused is said to have stolen an a sum of money not less than three hundred million pesos, which is equivalent to $6.99 million, and which was used to purchase property both in the Philippines and the US for both his family and himself. This case was only made known in the year 2003 and has continued to trouble the courts since then. However, the Supreme...
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...Non-Criminal A homicide, whether it is accidental or intentional, can tear a family apart. The results of such a tragedy not only affect the family, but trickle down to friends, co-workers and even a whole community. A homicide is defined as “the killing of a human being by another human being.”(Schmalleger & Hall, 2014, p. 210) Under early common law, established by English courts, homicide was either felonious or non-felonious. Justifiable homicide and excusable homicide were considered non-felonious and felonious homicide was distinguished as murder. U.S. courts adopted English common law, and as time went on, modified felonious or criminal homicide into various categories. Today there are three types of homicide. They are justifiable, excusable, and criminal. Justifiable homicide and excusable homicide are considered noncriminal homicides. Criminal homicide can be further broken down into three categories, murder, manslaughter, and negligent homicide. According to the Bureau of Statistics, the homicide rate in the United States has declined since 2000 and has fallen to levels last seen back in the 1960’s. (bjs.gov) Males represent the highest percentage of victims, and the percentage of men who were the victims of a homicide is three times higher than that of a female victim. Men are also the majority of the offenders in a criminal homicide. (bjs.gov) Homicide rates can, of course, vary per state; Louisiana has the highest rate, with Iowa having the lowest...
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...The holocaust happened approximately 80 years ago. Everyone knows what the holocaust is, how it happened, and all of the gruesome details. What is surprising is that some Nazis are still alive from the 1940s. Many of them committed crimes while under orders. Others didn’t. The Nazis should still be persecuted if they participated in the killing or torturing of a civilian should be held guilty to the charges of war crimes. Any who didn’t physically help with the murder of civilians do not really need to be persecuted. Although the crimes happened years ago, the Nazis should not be free because of age, the crimes they committed, and for the victims. The victims of the Holocaust did not get to choose freedom, why should the Nazis be permitted...
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...Gage Tennyson Did you know that nine out of ten people plead insane and get away with the crime they commited? Many people use the insanity defense to get away with crimes so they don’t have to face the death penalty. You must commit a huge crime to get this specific penalty. Everyday people get out of crimes using this defense. Adacia Chambers is a good example. She drove her car into parade spectators in 2015. This was in Oklahoma State University’s homecoming parade. “She killed four people and injured dozens. She was arrested and charged with four counts of second degree murder and 39 counts of assault and battery by force. She was supposed to be put to death, but instead she will be in prison for 45, plus ten extra years,” said BBC news. John Wayne Gacy,” he murdered and raped thirty-three men in Cook County, Illinois, he was one of the only people the court tested and didn’t prove completely insane. He did all this dressed as a clown, famously known by “Pogo The Clown”. He was convicted for sexual...
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...Prison Term Policy Recommendation Proposal Throughout criminal justice, laws have been modified for the purpose of ensuring the protection of the citizens of the United States of America. A person who commits a crime will receive punishment and will be prosecuted under the court of law. Prison policies have been written to assist the court in sentences according to a specific crime. The policies are usually to keep criminals in prison, and to deter further criminal activities. Those convicted of a crime may face a longer sentence than a person who is currently serving time for the same crime because of the changes to prison policies. Therefore, the prison policy of convicted armed robbery is under review and must be voted on, which voting for bill to pass can sometimes have mix reviews. Robbery occurs when property from a person, place, or bank is taken by force. Armed robbery is using a type of weapon to take possession of something, which results as more of a serious crime than robbery. According to "Armed Robbery Charges" (2010), “Armed robbery is the taking of said property, but with the use of a firearm or other taking of said property, but with the use of a firearm or other weapon. Just by including a weapon in a particular robbery crime, a robbery can be viewed with a lot more seriousness” (Para. 2). Even if the person who committed the robbery mentions a weapon or uses a fake weapon can still be charged as committing armed robbery, and the crime is considered...
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...The Difference between a felony and misdemeanor Laura Macella AIU Online The Difference between a felony and misdemeanor Abstract In this paper it will be discussed the differences between a felony and a misdemeanor. There will be examples of real life situations and memo discussing to a client the differences between the two. It will be discussed to the client that was charged with breach of peace about the crime she committed, her concerns about prison and the death sentences, and the punishments that she will possibly face if she is convicted. There are two divisions that a crime can fall under. When a crime is committed, the crime can fall either under a misdemeanor or a felony charge. Misdemeanors are usually small, petty crimes that one commits which are usually punishable by a fine, short jail sentence usually less than 1 year, or community service. When talking about a felony they are much more serious crimes, which will carry a severe sentence of more than a year in jail or even a death sentence. According to Money Matters 101, a misdemeanor is a less criminal act in many common law systems (moneymatters101.com). A misdemeanor are generally less severe crimes that are committed and are usually punished with fines, community service, a less than 12 months in jail. Misdemeanors usually don’t result in the loss of civil rights, but if you are convicted of a misdemeanor, you might find it difficult to obtain a professional license or public employment (moneymatters101...
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...affected as well. A person that is mentally insane/criminally insane is able to tell the difference between right and wrong when it comes to their actions. The reason why the McNaughten rule cannot be used to defend a person who drinks and the commit murder is because the McNaughten sates that the person that commits murder does not know right from wrong, but a person that drinks alcohol and then commits murder does know what is right and what is wrong. Rational is when the person that committed murder is in their right mind before and after the committing the murder. Guilty is the person was in the right mind and committed the murder even though he/she knew what they were doing was wrong, but when a head and committed the murder. Not guilty by reason of insanity is that the person was not in their right mind when he or she committed the murder, so all charges that was filed against the person was excused. As for Guilty but insane is when a person is found guilty of committing murder, but does not do any prison time, instead they are sentence to a mental hospital in order to get help. Even of the person does or does not understand what he or she did. * * I would rule that he is Guilty but insane because he committed the murder, but also he suffers from schizophrenia. Schizophrenia is a mental illness that affects the person mind, emotions, behavior and also the person ability to think correctly. It is also depends on if he was taking his schizophrenia medication or...
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... Team C: CJA/354 August 26, 2013 Prosecuting Argument Paper Enough evidence was obtained to make the arrest of Mr. Dents. The state has now charged Stu Dents with the following: Homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. Homicide is “The killing of one human being by the act, procurement, or omission of another human being” (Schmalleger, 2010). Murder is a type of homicide. Below is the Georgia state law on murder. Murder; felony murder: A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart. A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life ("Georgia Code", 2013). On October 18th, two eyewitnesses said the defendant Stu Dents entered into apartment number 156, which was the victim’s apartment. Uma Opee’s body was found October 19th; it was located behind an abandoned building, which is approximately 5 miles from her residence. The victim’s mouth was stuffed with a cloth, her arms...
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...Case Study 1: Understanding the Court System By: Kara Napolitan Sociology 205 Professor Needleman-Newman 7/18/15 Andrea Yates, at just 37 years old, snapped and drowned all five of her precious young kids in the bathtub in what the law is calling a mental breakdown. On July 2nd, 1964 Andrea (Kennedy) Yates was born in Houston, Texas. She graduated from high school, where she was her class valedictorian, captain of the swim team, and an officer in the National Honor Society. She then went off into a 2 year pre-nursing program at the University of Houston, and then in 1986 graduated from the nursing program at the University Of Texas- School Of Nursing. Andrea was an R.N. (registered nurse) at the Anderson Cancer Center at the University of Texas from 1986-1994. (Biography.com, 2015)(Montaldo, 2015). Shortly before her leave from nursing, she met and married Rusty Yates (at the age of 25). Prior to her marriage she was healing from a broken relationship. They had met at the apartment complex they both lived in and eventually started dating. Rusty was a disciple of the devout teaching of preacher Michael Woroniecki. That led to them moving in together, where they devoted their time to religious studies. On April 17, 1993 they would become wed. They vowed they would have as many children as god would bless them with. But the Woronieckis condemned the Yates for their apparent hypocritical Christian lifestyle, and said that their children would be doomed to hell because of...
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...Week 3 Team Assignment Rashad Murray, Shannon Oregero, Barbara Mckinney, Scott Huepenbecker CJA/354 August 17, 2014 Ann Perry In the case presented before you we are the prosecuting team and are pursuing charges on behalf of the state of South Carolina for the following offenses: Homicide, Kidnapping, Assault on law enforcement, Burglary, possession of controlled substance. We the prosecuting team feels strongly about these charges based on all of the evidence in which was collected from the victim’s residence as well as the defendant’s residence. We will provide you with the information from a variety of different states to show the variance of charges that can be brought upon an offender. There are four states represented here whereby are found, South Carolina, Minnesota, Texas, and Maine. Each state provides a different perspective, but the most effective in our opinion is South Carolina. Laws for each Charge Homicide Homicide is considered, “The killing of one human being by the act, procurement, or omission of another human being” (Schmalleger, Hall, & Dolatowski, 2010, pg. 192). The victim was last seen at 5:10pm when leaving work. She was found at 7:45 the following morning with 13 stab wounds causing her death at about 11:45 on October 18th. DNA of the suspect was found under her fingernails, indicating that she struggled with Mr. Dents. Mr. Dents was seen by two witnesses going into her apartment before she arrived home, with traces of the victims’ blood...
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...Mr Eldridge should be found guilty of the murder of Mr Armes. Even though the defense claims that Mr. Eldridge is innocent, he is not, all of the evidence points toward him committing the crime. First off there was no sign of a break-in, therefore it's an inside job. Mr. Eldridge also had a motive, he was denied a raise a few days before the murder, and at the crime scene the safe was found open, Mr. Armes and Mr. Eldridge were the only ones who knew the code to the safe, and Mr. Adams was dead at the time of its opening, therefore it leaves no one to have opened the safe. To begin, the investigators, claimed that during their investigation there was no sign of a break-in, if there was no sign of a break-in, that means that someone with a key was the one to commit the crime. One of the very few people with the key to the restaurant was Mr. David Eldridge. Mr. William Warden testified that he was out in his car, William Warden being the other person to have a key to the restaurant. If Mr Warden was in his car, leaving one person to commit the crime....
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