...Part A asks in pursuing a charge of Involuntary Manslaughter against defendant in connection with the death of Vance Viejo, on what specific facts should the Prosecution rely to establish Defendants actus reus? The prosecution should rely on the conduct of the defendant, because the defendant actus reus is comprised of the conduct that is relevant to the crime, at the moment of the criminal act. Additionally, this conduct is composed of either; acts, voluntary acts, or omissions. NCPC §15.00 defines “Act” to mean a bodily movement, whether voluntary or involuntary. NCPC §15.00 defines “Voluntary Act” to mean a bodily movement preformed consciously as a result of effort or determination, and incudes the possession of property if the actor was...
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...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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...First the officer would need to determine if the situation is serious enough to take Collen directly to the Juvenile Center intake unit. The officer could also decide to write a citation and make Collen, and her aunt sign a promise to see a probation officer at the Juvenile Center. In this case with Colleen M. the officer took Colleen to the Juvenile Center intake unit and asked that charges be filed since the situation was serious with the death of a neighbor. The officer will have several choices as how to handle the situation. First the officer would need to determine if the situation is serious enough to take Colleen directly to the Juvenile Center intake unit, or if writing a citation. Colleen and her aunt would sign a promise to see a probation officer at the Juvenile Center. The officer needs to investigate then to receive the evidence and facts to determine if the death was caused by Colleen acting in a reckless or criminal negligence. Or if Colleen had not simply thrown what she believed to be water in a bucket on the neighbor in an effort to douse the fire of the scarecrow as she stated. Petition Once the probation officer gave the suggestion for charges of manslaughter, the DA filed a petition. The petition has information on Colleen M. such as her name, age, her current address. The code that details what section that Colleen has broken....
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... and in many other situations the term “murder” is used quite frequently however usually incorrectly. Some people say animals or even trees get murdered, but under the law it is not murder unless a human takes the life of another human. Homicide is a lawful term for any killing of a human being by another human being. Homicide itself is not automatically a crime, some homicides are legal, such as the justifiable killing of a suspect by the police or a killing in self-defense. Unlawful homicides are classified as crimes like murder and manslaughter. This paper will explain the important but often overlooked distinctions between murder and manslaughter, and the different variations of both crimes. When we look at “murder” we must also look at the different degrees of murder which are a reflection of the intent or severity of a certain murder charge. The most common degrees of murder are 1st degree murder and 2nd degree murder and in some cases what we call “capital murder”. Regardless of the label on the degree of the murder committed, the general idea is to increase the punishment with the degree. The more inhumane the killing is, or the motive associated behind the killing, then the greater the punishment and degree is for the murder. We must first understand what murder is: Murder is the killing of one human by another that is intentional, unlawful, and done with “malice aforethought” or in other words, premeditated. Malice aforethought is a key element in determining the...
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...I. Justification of Punishment a. Theories of Punishment and Purpose of Criminal Law Sentencing i. Deterrence 1. Utilitarian concept, forward-looking, premise: humans will act in their own interest 2. Individual Deterrence: general public is protected 3. General Deterrence: helps to protect public at large, justified on grounds of 1) prevention of crime by threat of arrest, conviction, punishment 2) prevention of crime by strengthening of moral norms 3) prevention of crime by stimulating law-abiding contact based on the impulse to conform. 4. Criticisms: 1) ineffective in cases where criminal is motivated by emotional concerns 2) one person might be used as a means to an end in order to deter others and benefit society as a whole ii. Retribution 5. Premise: humans act under free will and must be punished when they choose to violate society’s norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further...
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...Case Study Ericka Wilson 2/29/2012 Abstract In a small town in Michigan, the unbelievable happened. A 6 year old boy brought a gun to school and shot his first grade classmate in the school library. They had a playground scuffle the day before. After the shooting, he threw the gun down and ran out of the room. School authorities found him hiding in a corner and placed him in their office, where he calmly drew pictures as he waited. Police say that he told them the shooting was an accident and he had only been trying to scare her. In the following investigation, it was found that the shooter lived in a home where father and grandfather were in prison on gun-related charges. He lived with his mother, an uncle and a younger sibling. In searching the boy’s home, police found another stolen gun, a 12 gauge shot gun and drugs. You might be asking yourself, at what age are children held responsible for committing a criminal act. A law professor has pointed out that children under age 7 are not considered criminally responsible; those between 7 and 14 are presumed to lack responsibility and the state must prove otherwise; and those older than 14 are held accountable. A 19 year old male in the household who allegedly possessed the stolen gun was charged with involuntary manslaughter. Again, according to our legal system, children under 7 are not held responsible for crimes. It is said that a 6 yr. old cannot form criminal intent. In Michigan, at six year old boy shot killed...
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...Austin Day Criminal Justice 1010 Capital Punishment: Execution by the State 12/8/2011 History of the Death Penalty The first death penalty laws date back to the Eighteenth Century B.C. The death penalty was punishable for 25 different crimes. The death penalty also dates back to the Fourteenth Century when it was punishable for any kind of crimes. In the Fifth Century, death sentences were administered by ways such as drowning, beating to death, burning alive or even crucifixion and in the Tenth Century A.D. hangings became the main method of execution. During the Sixteenth Century, under the power of Henry VIII, 72,000 people were executed by boiling, hanging, beheading, and boiling. People were executed if they had failed to report a crime or committed treason. During the 1700s, even small crimes were punished by death. These crimes included stealing or even cutting down a tree. A total of 222 crimes were punishable by death (“Part I: History of the Death Penalty”). Capital punishment in America was heavily influenced by Britain. When settlers came to the new world, they brought the form of capital punishment with them. Captain George Kendall was the first recorded execution in the United States for being accused of being a spy for Spain. This occurred in 1608, while in 1612 the Divine, Moral and Martial Laws were created, allowing capital punishment to be enforced for the smallest of crimes such as trading with Indians. The death penalty varied from colony to...
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...criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary manslaughter, and vehicular homicide * Rape, statutory rape, sexual assault and other offenses of a sexual nature * Property Crimes – “Offenses against Property”: These are crimes that do not necessarily involve harm to another person. Instead, they involve an interference with another person’s right to use or enjoy their property. Property crimes include: * Larceny (theft)...
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...to protect rape victims. Criminal status concerning rape differs from state-to-state, but the Federal code is nationwide. There are two different ways that rape is reported; one is through private research organizations and the second is through the U.S. Department of Justice. The NIJ conducts a survey each year to measure reported crime and unreported crime, along with the private research groups. Even then, both organizations have certain guidelines in how they obtain their statistics. With certain guidelines in place, the statistics are good, but not a 100% accurate on exactly how many men, women, and children are raped. Only small percentages of rapes are reported each year to law enforcement and it is important to continue the study of rape and sexual assault issues in the United States to properly get better control of the problem. Women and girls seem to be higher risks targets for rape then men and boys. There is little research that exists on male victims of rape. According to the Bureau of Justice, “women between the ages of sixteen and twenty four years old are at a greater risk of rape than any other females in different age groups” (NIJ, 2000). Based on most research most victims are raped by someone they know or have...
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...Ethical Dilemma Week 8 The Death of Freddie Gray By Hope Schwegler May 4, 2015 Phil 2003 Principles of Ethics Professor Margaret De Alminana ‘On April 12, 2015, Freddie Gray, a 25 year old African American male, was arrested by the Baltimore Police Department. He had a known unethical character and had been involved in twenty criminal court cases, five of which were still active at the time of his death. He was due in court on a possession charge on April 24, 2015. Freddie Gray died on April 19, 2015, due to injuries to his spinal cord. On April 21, 2015, pending an investigation of incident, six Baltimore police officers were temporarily suspended with pay. On May 1, 2015, state prosecutors in Baltimore received a medical examiner’s report ruling Gray’s death as a homicide. Was it foul play that was intentional, gross negligence, or inflicted self harm by the prisoner? We identified “Rae’s first step in making a moral decision is to gather the facts.” Much of the other information had conflicting reports and statements. So what are the “ethical issues that Rae has for level two” in the model for making moral decisions? The formal charge filed by Office Garrett Miller accused Gray of violating statute 19 59 22, “unlawfully carry, possess, and sell a knife commonly called a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City.” The prosecutor alleged that Gray’s arrest was unlawful...
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...discuss 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...
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...Case Study Stephanie Ochs Liberty University Psyc 210-D01 In this particular case a six year-old child brought a gun to school and shot one of his classmates. As a result, the child’s 19-year-old brother was charged with involuntary manslaughter. There can be many different situations that accumulated and led to the young boy shooting his classmate. Some of the reasons that could have led the boy to such a drastic action include guided participation, emotional regulation, reactive aggression and abuse. The law states that a child under seven is considered not criminally responsible, therefore, based on evidence discovered by police, the older brother was charged with the crime, Young children learn from others, mainly their caregivers and their peers. Kathleen Berger (2011), author of The Developing Person Through the Life Span, defines guided participation as, “the process by which people learn from others who guide their experiences and explorations (p. 241).” Parents are children’s main example; they set an example for their children to follow through their life. In this case, the little boy may have parents who have not demonstrated the best lifestyle to their child, leading him to believe that drastic behavior is how people get what they want. The little boy may have potentially witnessed his older brother threaten or even shoot someone because he did not get his way. The little boy might have thought that retaliation in that manor is how you get what you want. ...
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...The Law Of Infancy Case Study By: Katelin Presley Liberty University April 5, 2012 The law of “Infancy” According to our current legal system and the defense of infancy, children within the age limit of “Infancy” are excluded from any criminal liability because it is said that a child under the age of seven are incapable of committing a crime. However, between the ages of seven and fourteen, children are still presumed incapable of committing a crime although the presumption is rebuttable. When a person comes to read the “Law of Infancy”, they may come to the conclusion that a child, seven and under, is not capable of committing a crime because they do not have the ability to fully understand what they have done was wrong. However, In the February 29, 2000 case of Kayla Rolland, a six year old boy of Buell Elementary school brought a .32 caliber semiautomatic handgun to school shooting Kayla in the neck because of a fight that happened the day before stating that he just wanted to scare her. Although the 1997 Michigan statute stated that a child of any age could be prosecuted as adults for serious crimes, there are many factors proving that a six year old like Dedric Owen, who shot Kayla, could not be held accountable for the crimes they commit. For example, at the age of six, a Dedric has not yet reached the brain developmental maturity, two family members are currently in prison for gun related crimes, and a six year old does not have the ability to regulate...
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...factors serve as a basis for victimization. Specific case examples and restorative justice models will be assessed. Benefits and challenges of the use of restorative justice will be discussed, and contemporary research instruments to measure the victimization of gays and lesbians will be the focus. Lastly, the identification of the criminological theory that explains the victimization of the chosen group. Over the years, dominant groups, and communities with similar cultures and beliefs have asserted their prejudices on other groups believing differently. Many times these assertions or acts of power similarly resemble the power-control and gender-based theories. Groups that assert power or control over individuals by intimidation or violence can be known labeled as hate groups. The last few decades have brought about a voice for civil rights, a fight for women’s rights, and a surge of protests for gay and lesbian rights. These protests further fuel a loathing and hostility by these hate groups. Victimization Factors The victimization of gays, lesbians, and bisexuals are the focus of this analysis. Sexual orientation is a primary focus when it comes to hate crimes against gays and lesbians. However, religion or lack thereof is a secondary factor as well. "Lesbians, gays and bisexuals, or LGBs, have received significantly more threats than straights, and significantly more physical assault” (Tenenbaum, 2012, p. 1). Studies show youth who are lesbian, bisexual, or gay are...
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...Life is precious and we live it only once, however, what we do with it is to our own decision. Many people at young ages decide to live a life in prisons, we call juvenile criminals, but, every action has a consequence and to deal with these unlawful adolescent we have the Juvenile Justice Department. The juvenile justice system is a network of agencies that deal with juveniles whose conduct has come in conflict with the law. These agencies include police, prosecutor, detention, court, probation, and the Department of Juvenile Corrections. But, when young offenders commit a series of crimes or even serious crimes, they are waivered into Adult court where they will be subject to any punishment available. Some cases of Juvenile’s being tried as adults is not fair. Some people would disagree about their charge. Some pros of Juveniles being tried as adults are, Attacking juvenile crime lowers the overall crime rate and allows us to live in a society that is much safer. A juvenile who knows that they will be punished for their crimes is far less likely to commit them. Other juveniles who may be considering committing a crime will also view the harsh punishment of their peers as a powerful deterrent. A crime is a crime no matter what, even if it is the littlest crime. A juvenile who is tried as an adult could end up being scared straight, which will make them from not continue to break the law. Spending a few nights in jail around hardened criminals can often be the wake up...
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