...Case Study #1 John decides to do some target practice with his new .22-caliber pistol in front of his house on Christmas morning in a residential neighborhood. John has never owned or handled a pistol before. There are children playing in the street, but John is determined to test his new weapon. He fires once at the tire of a passing car and misses. The bullet strikes and kills a child playing across the street. The Prosecutor files murder charges against John. Murder charges against John are not the proper offense to charge in this case. The proper offense to be charged would be involuntary manslaughter. Involuntary manslaughter refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (FindLaw). The crime John committed is one in which the victims’ death was unintended. All the elements to be convicted for involuntary manslaughter were met. There are three elements that must be satisfied in order for someone to be found guilty of involuntary manslaughter: (1) Someone was killed as a result of an act by the defendant (2) The Act either was inherently dangerous to others or done with reckless disregard for human life (3) The defendant knew or should have known his or her conduct was a threat to the lives of others (FindLaw). Involuntary manslaughter covers situations in which the defendant has caused death but does not satisfy the mens rea requirements of murder; it...
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...Running head: CIVIL AND CRIMINAL CASES Civil and Criminal Cases Lawanda Hall Kaplan University PA 101: The Paralegal Professional David Bondanza There are many distinctions between civil and criminal cases. There are also many differences in the way these cases are handled. In order for us to understand them, we must first know and understand what they are. Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. In a civil case the plaintiff can be an individual, corporation or government agency. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses. A criminal case is intended to accomplish this by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate those (Goldman & Cheeseman). At the beginning of a federal criminal case, the main characters are the U.S. attorney (the prosecutor) and the grand jury. The U.S. attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. attorney and decides whether there is sufficient evidence to require a defendant to stand trial. According to William Geldart, "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue...
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...When it comes to a criminal case being processed in criminal court there is a prosecutor, defense attorney, a judge, and a jury. " Prosecutors are government lawyers, public officials, who represent the people of a particular jurisdiction (county, city, state, or federal district) in a criminal case." (Adler, Mueller, & Laufer, 2012). The tasks of a prosecutor, involves in screening cases, charging the suspected criminal, presenting the facts to the jury, and, etc.. Not to mention, the tasks I mentioned vary when it comes to state and federal prosecutors. Federal prosecutors, also known as the United States attorneys are elected by the President...
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...interactions, I focused on the criminal procedures being discussed during each case and the overall “culture” of the Court in regards to the judge and the two attorneys present for each case. In total I saw seven court cases presented before Judge Killilea. In television shows criminal procedures are long and rigorous. There is a lot that takes place between the arrest of the criminal and the court debates that last for hours or even days to determine...
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...Criminal Defense Case Analysis Paper Brandy Alston University of Phoenix Criminal Law CJA/343 Professor Joseph Wade March 1, 2012 Criminal Defense Case Analysis Paper Many individuals are aware of the process that lawyer go through to convict an individual. The prosecution has to prove a reasonable doubt that the defendant is guilty of a crime, the accused does not have to present evidence for the innocent. The Fifth Amendment is the United States constitution states a defendant is not compelled to under oath criminate themselves, however in most cases the defendant want the chance to prove their innocent in court by having a defense. Criminal law is define as a code, rules, or statute that prohibits the conducts this is prohibit in region or state, federal government. However, when laws results in violations where the individual charged with the crime and haul off to jail. Although once the individual charged, they have the right to defend themselves in court with legal representation. This paper aims to examine and identify the different kind of criminal defense used in a criminal trial. This paper will discuss the two common defenses used in our justice system legal I did it but and factual I did not do it, the defense I did not do it means presumption of innocent and the defense I did it but means guilty with reason. Factual defense is the legal defense offers two group defense excuse and justification that has six categories for them. In justification...
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...Robbery case study I have chosen to write about the robbery case. The synopsis of the case is: Two people, after conducting some surveillance on a small shoe store robbed a man while he was transporting money from his business to the bank. The two people later identified as Bertha Bloutt and William Bloutt, used the ruse of a broken down vehicle to get the victim to stop to render assistance at which time the robbed him at gun point. The usual process that these two offenders would go through is known as the criminal justice process. The criminal justice system is comprised of three major institutions which process a case from inception, through trial, to punishment. A case begins with law enforcement officials, who investigate a crime and gather evidence to identify and use against the presumed perpetrator. The case continues with the court system, which weighs the evidence to determine if the defendant is guilty beyond a reasonable doubt. If so, the corrections system will use the means at their disposal, namely incarceration and probation, to punish and correct the behavior of the offender. Throughout each stage of the process, constitutional protections exist to ensure that the rights of the accused and convicted are respected. These protections balance the need of the criminal justice system to investigate and prosecute criminals with the fundamental rights of the accused (who are presumed innocent). Though a number of rights derived from the Constitution protect the...
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...had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act or set of acts 14 Where an offense is punished by different sections of a statute or different statutes, the inquiry, for purposes of double jeopardy is on the identity of offenses charged BUT where an offense is penalized by an ordinance and a statute, the inquiry is on the identity of acts. Since the dismissal of the case against Opulencia for violation of an ordinance alrdy amounted to...
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...international criminal law entails criminal responsibility of individuals for the commission of criminal acts involving grave breaches of fundamental rights. The international legal system experienced renaissance of ideas, starting from the establishment of Nuremberg and Tokyo tribunals, which established individual criminal responsibility for the massive violations of human rights and breaches of the laws of armed conflicts. As mentioned in the Nuremberg judgement: ‘crimes against international law are committed by men, not abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced... Individuals have international duties which transcend the national obligations of obedience...
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...A CASE ANALYSIS ON CORPORATE CRIMINAL LIABILITY Abbreviations RNRL- Relinace natural resources IPC- Indian Penal Code UOI- Union of India All ER - All England Law Reports (United Kingdom) CriLJ – Criminal Law Journal Table of cases 1. Lord Reid in Tesco Supermarkets Ltd. v. Natrass [1971] All ER 127 2. Zee Telefilms Ltd. v. Sahara India Co. Corporation Ltd., (2001) 3 Recent Criminal Reports 292. A. K. Khosla v. S. Venkatesan (1992) Cr.L.J. 1448 3. KalpanathRai v State (Through CBI), (1997) 8 SCC 732 4. State of Maharashtra v. Mayer Hans George,A.I.R. 1965 S.C. 722 5. Nathulal v. State of M.P., A.I.R. 1966 S.C. 43 6. MV Javali v. MahajanBorewell& Co and Ors.,AIR 1997 SC 3964 7. The Assistant Commissioner, Assessment-II, Bangalore &Ors. Vs. Velliappa Textiles, (2004) 1 Comp. L.J. 8. Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 9. Iridium India Telecom Ltd. v. Motorola Incorporated and Ors ,AIR 2011 SC 20 10. CBI v. M/s Blue-Sky Tie-up Ltd and Ors ,Crl. Appeal No(s). 950 of 2004 11. Kartick Chandra v.Harsha M. Dasi, AIR 1943 Calcutta 35 at 354; Contents Introduction 6 Corporate Criminal Liability under the Companies Act 1956 &2013 6 Doctrine of identification theory 9 Position prior to the Standard Chartered Bank Case Law 11 Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 12 Post Standard Chartered Bank case law: 13 Conclusion...
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...In the case State v. Fransua (1973) we can see a situations were a crime event involve two drunk people in a bar in Albuquerque, Daniel Fransua the defendant and the victim. This situation shows how absurd moments were that the victim taunting invitation to “go ahead so shoot me!” and the defendant pick up the pistol of the victim from the bar, and shoot him. Based on the facts on this case I can say that this crime case it is absurd between this two drunken people after an argument they level the situation until with a tough attitude were the Fransua say that if he had a gun he will shoot him. After that, victim walk out the bar and took out a loaded pistol and take it to the bar a taunting the defendant to shoot him. Referring to these facts...
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...In 1985, Rolando Cruz was sentenced to life for the murder of Jeanine Nicarico. He was also accused of kidnapping and rape. Even though the law enforcement agents did not present linking the defendants to the crime, the two were wrongfully convicted and later sentenced to death for the offenses. The wrongful conviction of Rolando Cruz and his co-defendant is an example of systemic discrimination. From the beginning of the case, Rolando Cruz and his co-defendant were subjected to discrimination by the criminal justice system. Starting from the arrest to conviction and the appeals, the criminal justice system failed the two defendants at every stage of the criminal proceedings (Walker, Spohn & DeLone, 2012). Rolando Cruz and his co-defendant faced bad police practice that simply...
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...The “justice as a human problem” worldwide accentuates that the type of justice adopted in a society heavily depends on the cultural norms and social values regarding human behaviours. For example, western societies mostly focus on the retributive justice as means for demonstrating justice through the infliction of punishment against those who violated the laws. The victims are often emotionally devastated, but they also suffer severe hardships in the criminal justice process during testimonies or sentence hearings (Herman, 2005). For example, the victims are negatively stigmatized in society due to the infliction of certain crimes like sexual assault, which increases fear and anxiety (Herman, 2005). It remains imperative that the criminal justice system actively takes steps to fulfill the victim’s needs in order to gain strong cooperation (Herman, 2005)....
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...Criminal justice communication centers are an extremely stressful environment. By definition, “In telecommunication, the term communications center has the following meanings: An agency charged with the responsibility for handling and controlling communications traffic. The center normally includes a message center, and transmitting and receiving facilities.” There are several problems within the center including a lack of communication; however, the most prominent issue comes from the lack of professionalism from the superiors. From favoritism, to unwritten rules, to misinterpretations of orders, the environment can quickly become hostile and extremely unpleasant. It is stated that “Choosing Police Emergency Communications Officer (PECO) as a profession means that you enjoy a fast-paced, exciting environment in which to work. Many times, PECO’s are the first to speak with a citizen during an emergency, and must provide accurate information to the citizen and relay the information to the responding police officer.” In an already stressful position, hostility is not something that should be added....
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...The National Black in Criminal Justice was created in 1974. It made a goal of achieving equal justice for blacks and other minorities. As such, the members consist of criminal justice professionals such as those in law enforcement, institutional and community corrections, courts, social services, academia, religious and other community-based interests as well as criminal justice students and community leaders. Thus, the National Association of Blacks in Criminal Justice seeks to focus attention on relevant legislation, law enforcement, prosecution, and defense-related needs and practices, with emphasis on law enforcement, courts, corrections, and the prevention of crime. Among its chief concerns is the general welfare of and to increase influence...
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...In 2015, after the Illinois Governor Bruce Rauner had attended several Summit of Hope Events which are put on IDOC and Illinois Department of Public Health( IDPH), he signed a executive order to create the Illinois State Commission on Criminal Justice and Sentencing Reform. “The Illinois State Commission on Criminal Justice and Sentencing Reform will review of the State of Illinois current criminal justice and sentencing structure, sentencing practices, community supervision, and the use of alternatives to incarceration, including, but not limited to, a review and evaluation of”( Illinois Executive Order 15-14): • “The existing statutory provisions by which an offender is sentenced to or can be released from incarceration; • The existing statutory...
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