...AL LIABILITY AND THE USE OF FORCE Margaret Barnes LEG-320 Criminal Law Professor Muhammad Strayer University Date: 01 February, 2013 Criminal liability and Use of Force 1. The crime of solicitation takes place when a person invites, commands, requests, and hires or urges another person to commit a specific offense (LexisNexis, n.d.). For a solicitation to take place, the offense does not have to be consummated. This means to say that solicitation of crime is complete after it has been communicated to another. In certain states even as a joke or a hoax can constitute a crime of solicitation because the authorities cannot know when a person may only be joking; others may also use jokes to hide their true intent (Gardner & Anderson, 2011). An example of solicitation is a pimp asking a girl to commit prostitution. The pimp is considered to have committed a crime because prostitution is illegal. The girl though cannot be considered to have committed the crime unless she would actually offer sexual services to another person in exchange for money. Another example is an employee who agrees in an employment contract not to solicit business from a company’s customers after the contract has terminated but sends a letter of solicitation to company customers once his or her employment contract ends. The letter constitutes a solicitation and is considered illegal. However, in order to prove that a defendant is...
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...Criminal Law Graham v. Connor Reference Use Only CJA/354 Do Not Plagiarize This is Not your paper Criminal Law Graham v. Connor Working for a law enforcement agency one must be able to make split second decisions regarding the use of force. Graham v. Connor, 490 U.S. 386 (1989) established the standard of “objective reasonableness” for law enforcement (Graham v. Connor, 1989). This case was heard by the Supreme Court after a diabetic man (Graham) was forcibly detained by law enforcement after he was suspected of a crime. The petitioner of this chase who is diabetic had asked his friend identified only as Berry to drive him to a convenience store to reverse the effects of an insulin reaction. When Graham entered the convenience store he noticed there was a long line for the register and quickly returned to the car driven by Berry. Graham got into the car asked Berry to drive him to a friend’s house. Officer Connor the respondent of this case observed Graham rapidly depart the store, and conducted a traffic stop after following the vehicle for a short time. Connor ordered Berry and Graham to wait while he determined if any crime occurred at the store. A backup officer handcuffed and detained Graham. This officer ignored or rejected Graham’s attempts to explain his illness and the situation. Graham was released when Connor determined no crime had occurred. The case was originally filed in the U.S. District court under 42 U.S.C. (1983) for a violation of his rights under...
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...Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently Dangerous Felony b. Merger Doctrine c. In furtherance of Felony IV. Rape A. Mens Rea and role of mistake 1. B. Actus Reus 1. Subjective 2. FRR 3. No Means No 4. Affirmatively Expressed Consent V. Inchoate A. Attempt 1. CL a. Mens Rea i. Intent to commit attempt...
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...Police Use of Force Introduction When we look at the term, use of force, and how the police use this for the protection of the officers and the lives of others, this becomes a very debatable part of a police officer's job. The U.S. has experienced a number of incidents over the course of 20 years involving police use of force that are cause for concern among the public. People get upset about perceived misuse of police force, but say little when police officers are gunned down or seriously injured during violent encounters or situations that escalate to lethal action. It is important to know that police departments strive to reduce the amount of use of force incidents within their respective agencies. Are there alternatives to a potentially deadly encounter? One may ask, Can the officer step back and call for assistance? If the suspect's identity is known, rather than engaging in a foot pursuit, can an officer make an arrest later? Can the officer not shoot to kill? Can the officer shoot in a non-life threatening part of the body? By nature, every situation is different and must be evaluated on an individual basis. Stepping back is not always an option for an officer. When the life of an officer is threatened by someone pointing a gun at them, or by any other life threatening means, and not knowing the assailant’s intentions, this forces the officer to make a split-second decision. That decision will determine if the officer will live or die. In the early nineties...
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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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...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 Criminal liability must be based on conduct which includes a voluntary act or omission to act which was physically possible to be performed. Rationale: Law rests on premise that wrongful act must be chosen Volition separates an act from a bodily movement. My arm went up v. I raised my arm – you will your body to move PEOPLE V. DECINA: Epileptic suffered a seizure while driving;...
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...Hiring Policies Student Name SEC 350 Date Instructor Hiring Policies Employees are often referred to as the face of the organization that employs them. This relationship holds true for the private security industry and the personnel who make up the force. Organizations that employ private security personnel have an obligation to provide qualified, well trained, professionals. State and federal regulations regarding licensing, applicant background checks, recruitment methods, and organizational standards are key elements to the hiring process of potential employees. A lack of care in pre-employment vetting can increase of the risk of civil and criminal liabilities for both security personnel and the organization they represent. State and Federal Regulations Private security is a growing industry is that has evolved throughout the years towards a more standardized and regulated profession. This is evident with the increased interest by politicians, legal authorities, and others to increase regulations and standards for the private security industry. Nemeth (2005) highlights the private security profession involves both the status of authority and the inherent responsibilities of such authority. As the industry has increased its reach into more aspects of public life, so has the public demand for regulation of those employed as security personnel. Most states throughout the nation have implemented minimal standards as a means of narrowing the field of employment...
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...of the main pharmaceutical and healthcare drug developer and manufacturer in the world. The product liability case with the British company, GSK includes the drugs Avandia, Paxil, Wellbutrin, and others (Thomas & Schmidt, 2012). The drug maker pleaded guilty and agreed to pay fines from the criminal charges in the case. GSK promoted its antidepressants for unapproved uses and failing to report safety data to the FDA on their diabetes drug. In addition, there are civil penalties within this case for improper marketing on six other drugs. The fines are the largest settlement within the pharmaceutical industry, totaling 3 billion (Thomas et al., 2012). There have not been any charges placed against personnel of GSK, at this time. However, GSK has agreed to withdraw bonuses from executives in their part of this illegal behavior. The claims in this case are improper practices during the 1990 to the mid 2000’s, came from former employees of GSK, which include the regional vice president and senior marketing manager (Thomas et al., 2012). The criminal and civil claims include the following: • Even though it was known the drug was linked to suicidal thoughts in teens, GSK promoted the use of Paxil to children. GSK misrepresented information on a clinical trial in a medical journal on the drug. • Wellbutrin was approved for depressive disorder; however, was promoted to use for off-label promotions of various products, “weight loss and sexual dysfunction” (Thomas et al., 2012)...
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...BUSL250 – Mid-semester Notes Liabilities * Harm may be caused deliberately or carelessly * One person’s single harmful act to another person (deliberately or carelessly) can give rise to one or more legal liabilities * Legal Liabilities * Tortious Liability: harmful act can be a tort (civil wrong), other than breach of contract, remedy is compensation (commenced through litigation) * Vicarious Liability: Liability for harmful act caused by another * Statutory liability: harmful act by breach of statute, prosecution is punishment * Contractual liability: harmful act by breach of contract, remedy is compensation * Criminal liability: harmful act and harmful act is a crime, incurs criminal liability, prosecution for punishment * A harmful act may incur one or more legal liabilities * Tortious vs. contractual liability: tortious liability can incur in the absence of contract but contract liability can only incur if a contract exists. * Difference between tortious liability and criminal liability * Consequences of causing harm Tort of trespass * Trespass is actionable per se, which means that there is no need for the plaintiff to prove actual loss or damage in order to commence a civil action against the trespasser. It is, however, necessary to prove that the interference was either intentional or negligent. * Types of trespass * You commit the tort of trespass to land if you directly and intentional...
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...* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty...
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...Past, Present and Future of Law Enforcement INTRODUCTION To be an effective police/law enforcement officer, one must understand where we (law enforcement) has been, where society believes we are and what the heck is going to happen in the future. Unfortunately the future is much more depressing than in the past. Society is getting more liberal with how the Constitution is viewed and applied towards suspects. The author posits that not to far into the distant future officers will need probable cause to make a consenual contact. But connecting the dots is important because it provides clarity, and understanding to a profession that once was considered a volunteer job in which the primary duties was to ensure that criminals did not come into the town at night. PAST Thus when the new officer hits the streets, they think the “old salt” officers are unaware of the “new” and improved ways of policing. However if anyone reviews Sir Robert Peels policing notions not much has changed in how police officers should effectively patrol, and protect the communities they serve. The past also includes community oriented policing, and problem oriented policing. There are trends like Killing and Wilsons Broken Windows that will never go away. But there are also eras of law enforcement. PRESENT The present is not readily observable because the career track is working within a specific time frame. However a couple of authors (scholars) have debated and postulated that law enforcement...
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...Introduction To Criminology Prof. Dr. Ayman Elzeiny A-why criminology? There is very important and critical questions , impose it self at our minds. why do people get paid to study crime and criminal behavior , and why do people engage in this area of study ? There are a variety of answers of these questions, built around many kinds of concerns , like the anxiety, anger , and fear that are common responses to crime of the future crimes . former victims of crimes may contribute of showing the importance of studying criminology by, transferring them experience and feeling of anxiety, anger, and fear which Generated from crimes to other persons . Then the need to study criminology become at the forefront of priorities , to predict and control crime; the hope of preventing crime through individual and social reform the wish to understand and explain crime and societal reactions to it; and the simple desire to learn more about crime and what it can tell us about our society . Criminologists disagree, sometimes violently, about which of these kinds of concerns are most legitimate and important . So Criminology was the composite result of the thinking and endeavors of many people, and them desire to the understanding the individual behavior and deviation and the structuring of the social order . The study of crime has engaged the interest of many academic disciplines. Building on centuries of philosophical debate, systematic attempts to explain crime emerged...
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...Business Legal LAW: 1. The sum total of all the rules to live by. 2. Consistant enforcement; avoids chaos. SOURCES OF THE LAW 1. Constitution: creates rights, express rights (written in the document), implied (assumed, suggested) 2. Statetory: law passed by our elected legislators (can be modified to be updated) 3. Common Law: judge made law (Stare Decisis “stand on the decision”) Precedent (something from your past that you’ve done to use to make a decision in the present) * gives us consistency and predictability * there may not be a precedent (a case of first impression. Ex: surragott mother case) * the precedent can be changed, flexability (Ex: Brown vs Board of Education – society changed) DUE PROCESS: “fairness” 1. You and I are entitled to notice of legal proceedings against us 2. Everyone is entitled to their day in court, and opportunity to tell their side of the story. 3. The defendant must have minimum contacts with the forum state before you can sue him there. FORUM STATE: The state in which you have been sued. PLANTIFF: Starts the process by filing a lawsuit DEFENDANT: allegedly has done something wrong CONNECTIONS TO THE FORUM STATE: 1. Residency – where you live with the intent to remain permenantly (domicile- where you live temporarily) 2. You own land in the forum state. 3. You are doing business in the forum state. 4. You commit a tort (civil wrong) 5. Opperating a motor vehicle in the forum state. ...
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...laws have recently seized the nation’s heed. So far about eighteen regimes have accepted laws extending the right to ‘self-defense with no duty to retreat’ to any region a person has a legal right to be. Several governments are also debating the passing of similar legislation. Inspite of implications that the laws may have for public well-being, there has been less empirical investigation of their impact, not only on crime but also on victimization. This laws makes it easier for some people to use deadly force when their “reasonably fears” result in serious injury at the hands of others. In such cases, those persons may be entitled to immunity from prosecution and civil liability. In fact, these laws usually confer powers that police have on private citizens, without the need of training kind and accountability. Before the Stand Your Ground laws, right to use deadly force was strictly not allowed. An individual had to show that it was reasonable to believe that the use of such force was necessary to prevent sudden death or great harm to himself or herself or another or to prevent the imminent commission of a forcible ‘felony’. Only when a person was attacked in his home by a person not having an equal right to be there, she/he had a duty to retreat if he/she could do so in safety. Florida was unambiguous in protecting human beings.an individual under attack had to retreat to the wall before taking a life. The one interposing the defense must have had used all reasonable means...
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...BOOK ONE CRIMINAL LAW - that branch or division of law which defines crimes, treats of their nature and provides for their punishment. CHARACTERISTICS OF CRIMINAL LAW 1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC) EXCEPTIONS: a) Treaty stipulations b) Laws of preferential application c) Principles of Public International Law. The following persons are exempted: a. Sovereigns and other chief of state b. Ambassadors,ministers, plenipotentiary, minister resident and charges d’affaires. Consuls, vice-consuls and other commercial representatives of foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers. 2. TERRITORIAL – penal laws of the Philippines are enforceable only within its territory. EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory. 1) Offense committed while on a Philippine ship or airship 2) Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the Government. 3) Introduction into the country of the above-mentioned obligations and securities. 4) While being public officers or employees should commit an offense in the exercise of their functions. 5) Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two. EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory...
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