...a(n), a. serial killer. c. disorganized offender. b. organized offender. d. mass murderer. 3. Which of the following statements is not true with regard to death investigations? a. Body temperature drops 2 to 3 degrees in the first hour after death. b. Rigor mortis appears first in the smaller muscles, such as those of the face. c. After about 36 hours, rigor mortis usually disappears in the same sequence as it appeared. d. Maximum lividity occurs within 15–20 hours after death. 4. Premeditation would be a requirement in which case? a. first-degree murder c. excusable homicide b. second-degree murder d. justifiable homicide 5. Rigor mortis is at its maximum at about ____________ hours after death. a. 6 to 8 hours c. 12 to 24 hours b. 8 to 9 hours d. 36 to 48 hours 6. Deaths are classified by type as a. natural, accidental noncriminal, suicide, homicide noncriminal and criminal. b. natural, accidental, suicide, murder. c. Accidental, suicide, murder, voluntary. d. either by accident or by the hands of another. 7. A dead body that sinks in water usually remains immersed for a. 5 to 7 days in warm water and 3 to 4 weeks in cold water. b. 8 to 10 days in warm water and 2 to 3 weeks in cold water. c. 2 to 3 weeks in...
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...1 Criminal Homicide v. Non-Criminal Homicide Criminal V. Non-Criminal Angela Lesher Davenport University Legal 211 Dr. Willing June 20, 2015 2 Criminal Homicide v. 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...
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...2/4/2013 Exam Question #1 Dan’s Justification a)Dan’s Pursuit of Al Use of non-deadly force to reclaim one’s property Use of non-deadly force to reclaim one’s property is allowed under the Model Penal Code if the following three conditions are met 1)the third party’s inference is unlawful 2)the intrusion was on property in defendant’s possession or property for which he served as a bailee and 3)use of non-deadly force is immediately necessary. Under common law non-deadly force may be used to protect personal property in one’s lawful possession if this force appears reasonable to prevent or terminate an immediate unlawful intrusion with that property. In this case, Dan would justify his pursuit of Al as his rightful action to reclaim his property, the handgun and ammunition. Dan would also would testify that Al’s tender of counterfeit moneys amounted to an attempt at larceny by trick. The registration papers had not been completed and Dan was still in possession of the property. Al’s attempt to leave with the property justified Dan’s pursuit of Al. The requirement to desist The Model Penal Code requires that for necessary use of non-deadly force to recapture property, the defending party must first request that the defendant desist his trespassory activity unless the defender believes this request would be useless, or put his person or property in greater danger. In this case, Dan did follow the requirement of making a request to desist, telling Al, “If you don’t...
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...Premeditated murder is exactly the crime that Mr. Heart has committed. He clearly planned the murder of the victim. The defendant was watching the victim for more than eight nights in a row, before he actually attempted to kill him. The defendant had stood at the victim's bedroom door watching him sleep peacefully, plotting the plan for the murder(Poe). “Premeditation means the defendant formed the specific intent to kill the victim for some period of time, however short, before the actual killing”(Duhaime). Watching the old man for eight night beforehand was enough time for the defendant to figure out a way to kill him, without leaving behind any evidence. Over the period of these past eight days, Mr. Heart was able to successfully organize a strategic way to rid himself of the “evil” eye that he had so deeply abhorred. One night, Heart was not as meticulous as the multiple nights before, and had awaken the old man. The man was terrified, and Mr. Heart had to find a way to distract the him, so could finally kill him and be free of the eye forever. ¨Someone premeditates a crime by considering it before committing it. Premeditation requires that the defendant think out the act, no matter how quickly—it can be as simple deciding to pick up a hammer that is lying nearby and to use it as a weapon”(Segars). He had shown a bright light in the old man’s eyes, and blinded him. The old man had fallen to the floor, and Heart had used the victim’s own mattress to suffocate him until he no...
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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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...ENG 102-55 29 October, 2014 The Literary Details in “The Short Happy Life of Francis Macomber” The complicated details used by Ernest Hemingway made a stroke of genius of secrets in his story "The Short Happy Life of Francis Macomber". The anonymous secrets does not reveal itself to the reader until the end of the story, yet it leaves a lot to the imagination. At the end of the story Margaret Macomber kills her husband by accident, in order to save him from being attacked by an enormous Buffalo while trying to kill it in the safari in Africa. The anonymous secret is whether or not this killing was truly accidental, or premeditated with an accomplice Robert Wilson. If it would of to be considered premeditation; therefore, it would certainly have to be evidence in the story suggesting such, with a clear motive as well. What makes this story so unique is the conflict theories that Hemingway gives the reader a very virtuously instances that would lead the reader to create a standard motive, yet Hemingway shows the reader that this killing or accident could not have been premeditated. From a virtuously impartial analysis of the story, the reader would see far more evidence supporting the theory of a premeditated killing rather than an unintentional criminal act. The narrator of “The Short Happy Life”, Wilson, is very blunt, tough hunter and tourist. He is a realistic and static character whose awareness, thoughtful environment and impartiality to those around him greatly aid...
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...More often police get a report of a body lying beside the road because of terrible accidents. The U.S. News reported 2,368 pedestrians killed in the first six months of 2015, compared to 2,232 during the same period in 2014 a six percent increase. Though the circumstances of a driver that kills a pedestrian can either be unintentional or intentional someone ends dead and the offense or criminal charges may vary from state to state. Depending on the circumstances the driver could be charged with capital murder, voluntary manslaughter, involuntary manslaughter or negligent homicide. If instead of hitting and killing only one pedestrian the driver causes the death of two or more individuals in the same criminal act, the driver could be charged with capital murder. For instance, while driving home the person fails to obey a police officer traffic stop, the driver is under pursuit driving more than 50 mph down two city blocks open only to pedestrians, crashes into a crowd of people causing four deaths and 24 injured. The driver does not stop, slow down, or pull over, instead the driver speeds up and knowingly run over people with the car. The driver intentionally or knowingly uses the vehicle in a manner to cause the death of more than one person. The driver does not target or seek out these individuals to kill them, but the driver knew his actions...
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...homicide, which are justifiable, excusable, and criminal. Common law puts criminal homicide into two groups: murder and manslaughter. The Model Penal Code categorizes criminal homicide into murder, manslaughter, and negligent homicide. Justifiable homicides are legal killings acceptable by law, and society. These killings consist of a state-ordered execution military killing of an enemy solider while serving on active duty. Any death caused by legitimate self-defense can also be an excusable homicide. An excusable homicide is “those homicides that may involve some fault but not enough for the act to be considered criminal” (Schmalleger & Dolatowski, 2010). An excusable homicide could be one in which a driver of a motor vehicle has an accident that results in death, but the defendant was not negligent. Criminal homicide is the killing of a human being by another whose actions were found by the courts to have elements that were “purposeful, knowing, reckless, or negligent resulting in the killing of one human by another human” (Schmalleger & Dolatowski, 2010). Criminal homicide is murder, manslaughter, or negligent homicide that would involve two individuals engaging in physical confrontation over a situation such as a cheating spouse. One of the individuals takes out a gun and fatally shoots the other. Murder is the unlawful killing of a human being, carried out with malice, or planned. Depending on state statutes, there are...
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...Maddie Mueller For- 1. Nevertheless, if would-be criminals know undoubtedly that they will be put to death should they murder with premeditation, very many of them are much less inclined to commit murder. Whether or not would-be criminals are wary of committing the worst crime is an important—and probably impossible—question to answer. Murder still happens very frequently. So some criminals disregard this warning for various reasons. But the fact does remain that many criminals who ride the fence on committing murder ultimately decide to spare the victim’s life. In a larger sense, capital punishment is the ultimate warning against all crimes. If the criminal knows that the justice system will not stop at putting him to death, then the system appears more draconian to him. Hence, he is less inclined to break and enter. He may have no intention of killing anyone in the process of robbing them, but is much more apprehensive about the possibility if he knows he will be executed. Thus, there is a better chance that he will not break and enter in the first place. 2. There are many victims of a single murder. The criminal gets caught, tried, and convicted, and it is understood that the punishment will be severe. But the person he has killed no longer has a part to play in this. Unfortunately, the murderer has deprived his family and friends of a loved one. Their grief begins with the murder. It may not end with the murderer’s execution, but the execution does engender...
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...body as a result of a quick death. However, if the offender had instead taken their time, they could establish the idea that the victim is very sick and it could be more easily written off as a natural death or an accident. Although cyanide and arsenic are more likely to guarantee the victim’s death, they are too well-known in the poison world and would be easily spotted by a medical examiner once tests are done. Thus, it is likely less suspicious for the murderer to use household drugs or chemicals to stimulate an overdose or at least make the victim sick. By using lesser known methods of poison, it would also likely be easier to obtain the poison and likely for cheaper as well. The ability to procure a poison for cheap, its potency and its ability to be detected are often what determine what poison a would-be murderer will use. With all the patience required to get away with poisoning someone and the fact that it is not violent is likely why poison is more correlated to women, and older women in specific. One could slip some poison into their spouse’s or child’s food during preparation or into their morning coffee without it seeming too suspicious. In doing so, for a woman scorned, the opportunity to use poison instead of a knife or gun demonstrates premeditation and more of a seething rage or callous disregard for life, rather than the passionate rage typically correlated with an argument. The subtle nature of poisons gives men and women a more quiet and restrained way...
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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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...DEATH PENALTY ARGUMENTS: Deterrent or Revenge (Pros and Cons) INTRODUCTION What is Capital punishment? Capital punishment is the death penalty. It is used today and was used in ancient times to punish a variety of offenses. Even the bible advocates death for murder and other crimes like kidnapping and witchcraft. When the word death penalty is used, it makes yelling and screaming from both sides of extremist. One side may say deterrence, while the other side may say, but you may execute an innocent man. Today, one of the most debated issues in the Criminal Justice System is the issue of capital punishment or the death penalty. Capital punishment was legal until 1972, when the Supreme Court declared it unconstitutional in Furman v. Georgia stating that it violated the Eight and Fourteen Amendments citing cruel and unusual punishment. However, in 1976, the Supreme Court reversed itself with Gregg v. Georgia and reinstated the death penalty but not all states have the death penalty. Thirteen states do not have the death penalty: Alaska, District of Colombia, Hawaii, Iowa, Main, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin. AGAINST THE DEATH PENALTY (CONS) Death Penalty Fails to Rehabilitate What would it accomplish to put someone on death row? The victim is already dead-you cannot bring him back. When the opponents...
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...“Death Penalty” Furman was a poor black man living in Georgia when he broke into William Joseph Micke, Jr’s house, Mr. Micke went downstairs to investigate and saw William Furman in his house with a gun. Furman began to flee the house but tripped in the process and fired the gun accidently shooting Mr. Micke in the chest and killing him instantly. Furman was later found by the police still carrying the gun and arrested for murder. This case is known as Furman v. Georgia and was taken to the Supreme Court on the fact that the death penalty in Georgia violated the Eighth Amendment of the U.S. Constitution. This is a landmark case because “The significance of Furman v. Georgia is that this case was the first case that was ruled violating the Eighth amendment and that it halted every man on death row in the United States” (study). But before the case reached the Supreme Court the case went on trial September 20, 1968 where Furman pleaded mentally ill and insane, the court rejected his plea and found him guilty of murder. Then, Furman appealed his conviction and sentence, based on the death penalty in Georgia violating the Eighth Amendment of the U.S. Constitution . The Eighth Amendment says the federal government may not use "cruel and unusual punishments” (Henson). The case was later tried in the Supreme Court January 17, 1972. The justices who won majority and reversed the case were William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter...
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...high point during this time period. During this time the IGY would encompass eleven sciences regarding the earth; aurora and airglow, cosmic rays, geomagnetism, gravity, ionospheric physics, mapping of the earth, meteorology, oceanography, seismology, and solar activity. The peak of the solar cycles made the research of these dimensions suitable. After World War II the two super powers were disposed to an arms race. Both nations were interested in ICBMs or Intercontinental ballistic missiles. With the assistance of Germany in development, both nations began to indulge in this concept. ICBMs would have the potential to hit any desired location on earth; however the catch was these missiles would first have to exit the atmosphere. After premeditation of events during the IGY, the United States under President Eisenhower announced a plan which involved launching some form of a satellite into space in order to orbit the earth. Superficially this appeared as a means of science, but one of the main motivations for the launch was to establish national sovereignty over the American airspace. With no official announcement made, the Soviets as clandestine as possible began compiling their own satellite project. The American launch plan acted as window of opportunity to beat us at our own game. Insidiously the soviets officially announced their plans three days before practically launching the satellite. The Soviets took the first step in the race and America had still not realized a race...
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...TABLE OF CONTENTS TO CRIM LAW (Levine) I. Overview of CJS A. Theories of Punishment 1. Utilitarian 2. Retributive B. Who should be punished? 1. Excuse (Because of personal condition X I shouldn’t be punished) 2. Justification (I acted in the right way and don’t deserve to be punished) C. Principles that Limit Punishment 1. Legality, Vagueness Lenity II. 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...
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