Criminal Law

George Celino Barnes, or “Machine Gun Kelly,“ was a gangster during Prohibition He got his nickname because his favorite weapon was a Thompson machine gun. Kelly was a bootlegger in their twenties and thirties, but after a couple of run»ins with the police, he decided to move west and to protect his reputation, he changed his name to George R. Kelly. He continued committing small crimes and bootlegging while he lived in Tulsa, Oklahoma and was sentenced to three years in the Leavenworth Penitentiary in Kansas. He was released early because he was what seemed to be a model inmate.

After he was released, however, Kelly returned to his life of Crime. When Kelly first moved out west, he married a woman named Kathryn Thorne. This marriage proved to be toxic Kathryn bought Kelly his first machine gun and gave him his nickname, “Machine Gun Kelly.” She supported him in his life of crime and even helped him plot some minor bank robberies. The last crime Kelly committed was a disaster On July 22, 1933 he kidnapped Charles E Urschel and his friend Walter R. Jarrett. Urschel. Kelly was paid a two hundred thousand dollar ransom and Urschel was returned unharmed Although he was blindfolded, Urschel was able to tell the time of day by listening to the airplanes overhead.

He remembered the day and time of a thunderstorm and recalled what types of animals that he had heard It was lucky that Urschel paid such close attention. FBI agents were able to distinguish the fact that Urschel was probably held captive in a farmhouse. Kelly’s father-in-law owned a farmhouse so it was made obvious where he had been hiding out The physical evidence that really gave Kelly away was that while Urschel was being held captive, he made sure to leave his fingerprints on as many objects as he possibly could Kelly was then sentenced to life in prison, but died of a heart attack after twenty-one years in prison.

I selected the Latino population since I am Latina and want to one day have the capacity to help, not simply Latinos, but rather all races in addressing their necessities through the information I have obtained while concentrating on remedial action and additionally remediation of issues and keeping up a pledge to enhancing their quality of life. I know first hand how difficult it can be for an offender to come out of jail or prison, and have a hard time looking for stability.

In the 1970s, President Richard Nixon formally propelled the War on Drugs to destroy unlawful drug use in the United States. Throughout the following couple decades, especially under the Reagan organization, what pursued was the increasing of worldwide military and police endeavors against illegal drugs. However, in that procedure, the drug war prompted unintended results that have multiplied violence around the globe and added to mass imprisonment in the United States, regardless of whether it has made illegal drugs less available and decreased potential levels of drug misuse.

The number of individuals detained for drug related offenses has expanded significantly in the previous 40 years, as has the general imprisoned population. Almost 50% of sentenced government guilty parties are Latinos (Booker, 2016). With such huge numbers of Latinos in the criminal equity framework, it is amazing that the FBI, has not gathered information throughout the years by ethnicity. Without that information, it is hard to decide the full effect of the criminal equity framework on the 53 million Latinos living in this nation.

As of recent, even with input, the FBI announced that it would begin giving a record of ethnicity in its yearly Uniform Crime Report. Undoubtedly, even with existing strings of data, Latinos, particularly Latino men, are overrepresented in the criminal value system, directed out of their systems and over outskirts, and disengaged from their families. In states with extensive Latino populations, Latinos have disproportionately high capture rates. Latinos are considerably more likely than White Americans to get captured and represent an unbalanced offer of all crime and offense captures. Latino youngsters are captured at disturbing rates in states, for example, Texas and California.

Numerous Latinos live in neighborhoods where they feel dangerous. With high rates of pack support and with murder as a main source of death, more than one out of three Latinos report that they live inside a mile of regions that they are terrified to stroll in around evening time. However, Latinos report being casualties of violent offences and property offenses, for example, robbery, at lower rates. Latinos are shockingly positive about the criminal equity framework. Regardless of being ceased and addressed by the police with expanded recurrence, high detainment rates, and negligible portrayal in law implementation and the lawful callings, numerous Latinos still feel that their neighborhood police complete a great job authorizing the law and that U.S. courts treat Latinos decently.

Latino men are considerably more likely than White men, however just half as likely as Black men, to serve time in jail. Latino young men additionally confront elevated amounts of incarceration, especially in states with extensive Latino populations. California and Texas alone detain the greater part of imprisoned Latino youth in the United States. Latinos represent half of all are documented gang members in the United States. Despite these high numbers, just 3 percent of youthful Latinos matured sixteen to twenty-five announced that they are at present, or have been in, a group.

Almost 50% of indicted government guilty parties are Latino. Just about the vast majority of Latino government criminals were indicted for one of two offenses: immigration or potentially drug trafficking-related violations. The quantity of government immigration cases expanded by 97 percent in the most recent decade. Considering the statistical data points on the War on Drugs and its consequences for Latinos, I would recommend community-based programs options in contrast to imprisonment.

I feel this will be useful for tending to criminal equity issues that influence Latinos and which give models to states to reproduce. Ex-offenders are commonly powerless individuals who are need for advocacy. As a Human Service Professional, I have a societal commitment to help those in need, and I supporter for the improvement of their lives and additionally the need of assistance. On the off chance that society keeps on confronting wrongdoing along these lines our jail will flood. We don’t have the money-related capacity to house a developing populace of guilty parties. The more open network assets are, and the more transitional work finished the higher rates of accomplishment we will see. Human Service professionals have the special viewpoint of the individual in condition, which is urgent in tending to the social issue of recidivism.

The jury system in America is something passed down from the British colonists in the 18th century. The jury nationalists in court from the restraints of British rule. When the United States revolted from Great Britain the United States retained the jury system. The Founding Fathers found it essential to include a jury in court proceedings to prevent a tyrannical government from forming.

These values were in expressed in the Bill of Rights, notably in the Fifth, Sixth, Seventh, and later Fourteenth Amendments. The jury system works by selecting eligible citizens from a pool of candidates. This jury then will listen to the case with an unbiased mind. They then decide the guilt or innocence of the defendant.

This system has worked for centuries to protect citizens and to ensure a fair trial. However, in the modern age, the efficiency and use of the jury system is largely obsolete. The jury system places a burden on the backs of citizens, juries are placed in cases they do not understand, and convicts hundreds of innocent people each year. First, the American jury system places a huge burden on the people selected to be part of the jury.

It is a waste of their time and they often to do not receive pay from their employers when they have jury duty. Although states do give jury members payment for their services, the money received would not even be minimum wage. To think that a jury could make an educated and intellectual decision after being forced to deliberate and stay in court for days, weeks, or months is hard to fathom (Doc B).

Citizens should not have to place a strain on their economic situation just to perform their Civic duty. Second, the American jury is not adapted to handle complicated cases. It is impossible to say that a jury that consists of random citizens would be better able to decide the fate of someone’s life than the wisdom of a judge (Doc B).

Notable cases such as and OJ Simpson show how evidence and facts were able to be overturned by simple alibis and pleas. One that many cite as the for this tragedy is the CSI effect. The CSI effect is a term used to describe the juror’s expectation of evidence in a court case. These assumptions are drawn from fictionalized or dramatized shows that are able to find ample and decisive evidence to convict the defendant. However, court cases don’t last as long as an episode or entertain like many of these shows. This is to say that investigations often provide evidence that does not entice or excite the jury.

This leads to belief that sufficient evidence was not provided. Finally, the jury system has a disparity compared to bench trials in terms of people acquitted. Jury trials convict 88% of defendants while bench trials only convict 65% of defendants. This leads to a huge 23 point gap. Although a may occasionally be wrong, his sagacity and wisdom in these civil and criminal proceedings surely surpass the knowledge of the jury in most cases. For this reason, it must be the jury that is making the mistake in its proceedings. (Doc A) Innocent people are convicted yearly because of this inexperience.

If the jury was abolished fewer incorrect trials would proceed. In conclusion, the American Jury system should be replaced with bench trials. Although this may take a while it is the best way forward to secure a better justice system for both our generation and future citizens. This is to prevent innocent from being convicted, have more experienced people cases, and prevent citizens from having a burden just to do a civic duty. This would generally lead to fewer which in turn would lower spending incurred due to jailing and imprisonment (Doc A). In reality, it will likely take a long time to convert to bench trials because of the process involved in changing the amendments.

Entrepreneurship does have a Dark Side and It Is powerful, Indeed. With rare exceptions, the literature about entrepreneurship Is positive and supportive and implies that uniform benefits accrue to the economy, to businesses, and to individuals as a result of entrepreneurship. This is only half the story. A small number of researchers have examined the dysfunctional aspects of entrepreneurship and pointed out that a Dark Side definitely exists (Sets De Varies, 1985; Solomon & Winslow, 988; Winslow & Solomon, 1987; 1989).

This paper will look at those who turned to the Dark Side for their very existence. The authors have surveyed prisoners who have been convicted of a felony and who are serving sentences In a Federal Prison in the Midwest. The participants were enrolled In a continuing education course Involving entrepreneurship and small business startup Ideas and they all espoused a desire to “go straight” when their sentences had been served. How did they become criminals? Did they view their criminal satellites as entrepreneurial ventures? Will they become legitimate entrepreneurs in the future?

Can entrepreneurship education alleviate the problems faced by these offenders when released and is there a greater or lesser chance of acidifies when these inmates are given the opportunity to study entrepreneurship while still incarcerated? If they exist, are Dark Side Entrepreneurs different from main stream Entrepreneurs? These were the questions which drove our research. A major problem facing society today Is the Impact that the growing number of inmates serving sentences have on the economic vitality of our nation.

The problem has been exacerbated because our Jails are not only filled with first time-offenders but with a large population of repeat offenders, those returned to prison because nee were unmade to malting a crime-Tree Testily rater Deluge released. According to the Bureau of Justice (2000), in the United States released prisoners were re-arrested at an average rate that was greater than 60%. The high percentage of re-arrested former prisoners is a clear indication that Just serving one’s sentence is not a deterrent to committing more criminal acts.

The economic cost to society and to those directly affected by criminal activity is tremendous. According to the Bureau of Justice (2000), one of every fifteen people in the U. S. Will be incarcerated. That figure is staggering. During the past 25 years, the penal system in the United States has implemented a strategy of “lock ‘me up and throw away the key. ” As a result, there has been an unprecedented growth in the prison population in the number of incarcerated inmates even though the crime rate has been decreasing.

Further exacerbating the situation is that incredibly high rate of recidivism. According to the Three State Recidivism Study (Stouter, Smith, and Tracy, 2001) released inmates reported that less than half had a Job awaiting them after they were freed from prison. While most (about 87% of those who had received training hill in prison and 83% of those who did not participate in training) believed that they had a place to stay after they were released, the remainder were released as homeless, left to roam the streets, mostly in urban areas.

The economic cost of incarceration and the cost to society of criminal activity, plus the lost wages due to imprisonment of convicted workers and the cost of providing welfare for their families is creating a substantial burden on local, state and federal budgets. The combination of rising costs multiplied by an ever greater number of incarcerated inmates is putting pressure on the penal system to find an alternative, deter strategy for success after release. Is there a strategy that can lead to a lower prisoner population through a decrease in recidivism?

Concepts of Criminal Law AJ-320 Study Guide – Final Exam Understand rules relating to self defense, when can force be used, how much? Understand a perfect or imperfect defense. Understand affirmative defenses and burden of proof. Understand imminent danger. Understand the Castle doctrine. Understand defense of the cartilage. Understand the Choice of Evils (general principle of necessity) defense and when it can be used. Understand the consent defense. Understand the irresistible impulse rule.

Understand the diminished capacity defense. Understand the juvenile court waiver. Understand the entrapment defense. Understand the concept of complicity. Understand the elements of being an accomplice. Understand the differences between the common law and modern approaches. Understand the concept of accessory-after-the-fact. Understand what vicarious liability is based on. Understand what a strict liability crime involves. Understand what traditional parental responsibility is based on.

What are inchoate crimes? How was common law attempt recognized? What are the elements of the Model Penal Code approach to an attempt? Understand the difference between legal and factual impossibility. What is the unilateral approach to modern conspiracy statutes? How does a party abandon an attempt? Understand the difference between a wheel and chain conspiracy. Which was the first state (1794) to split murder into two degrees? Which early common law, which felons were subjected to the death penalty?

What is bifurcation as it relates to capital homicide cases? What is the objective reasonable person test in voluntary manslaughter? Understand the differences between voluntary and involuntary manslaughter. What are the elements of a criminal homicide? What is the most famous case relating to Corporate Homicide? Know the following cases: State v. Harold Fish (2009), People v. John Gray et al. (1991], People v. Goetz (1986), State v. Thomas (1997) Read the glossaries for Chapters Five through Nine.

Ted Bundy screamed in horrible pain and pleaded his innocence as he was killed by the electric chair. He was so evil that he tried to use one of his victims to try to stop the killing. This plan failed and we all saw how evil he truly was. The government considers Ted Bundy a serial killer, rapist, kidnapper, and necrophilia. He assaulted and murdered many women and young girls through the says.

Some people believe Ted Bundy may have started sooner. Ted Bundy spent almost a decade declining that he killed people. After a long period of time Ted confessed to thirty homicides. These thirty deaths spread over seven states in the United States. Since Bundy s death the total number of casualties has risen to thirty-five. Ted Bundy personality is believed to be affected by his life as a child. Ted Bundy was raised with the belief that his grand parents were his parents. He was also told his mother was his older sister. Because of this Bundy was known as awkward or weird around girls in school.

He always said he had trouble building long-term relationships. As a child he was very intrigued in the idea of sex and violence. Because of his good looks Bundy succeeded in college. He became obsessed with a girl named Stephanie Brooks. Brooks did not feel the same way back this resulted in her and Bundy breaking up. This affected Bundy greatly, he dropped out of college by the break up. With bad anxiety and anger toward women this is what drove him to madness. I believe this is what became the fuel that made Bundy kill. This feeling of rejection is what Bundy never forgot.

For the Essence model I believe Ted Bundy fits the role of a Melancholic person. He was very quite and for the most part very unsociable. He was reserved most of the time. To add to this he also showed crazy mood swings and signs that he was very anxious. What is crazy about Ted Bundy is that he fits in to of the categories in the Essence model. He also fits the category as a Phlegmatic person. When he was trying to get women. He was passive and very peaceful. He seemed like a calm and great guy. He would later become very thoughtful with his planning in capturing women.

He would also control them and manipulate them to the end. Ted Bundy I believe featured two of the five personality traits. I believe he has Openness, Conscientiousness. Ted Bundy had openness because openness involves sensitivity and attentiveness to inner feelings as well as intellectual curiosity. Believe Ted Bundy was a very closed and to him self- person. On the flip side he was very open and caring person when around women. He falls into the Conscientiousness category because he had a good eye at being careful and seemed like he always wanted to do a task well.

Ted Bundy always showed this trait throughout his entire life. He found a way to cover up multiple murders for long periods of time. To do this you need to be very crazy but also very cleaver. From doing the classroom assignments before this paper I believe Ted Bundy has Bipolar Disorder or better described as Manic Depression. Ted Bundy could go from very happy and open to very closed and quit in seconds. Being able to do this so easily and so often believe he has Bipolar Disorder. To add to the Bipolar I also believe he was Manic Depressed.

I believe cause of his young life and how his childhood happened I think this is why he went down this path. These disorders are what lead Ted Bundy from a candidate for a Governor position to one of the greatest killers in United States History. I believe multiple Situational influences affected Ted Bundy. Being lied to all of his childhood greatly affected him. His sister being later revealed to be his mother Was also a major blow in Ted Bundy s life. What think really pushed him off the edge was his break up with his girlfriend Stephanie Brooks. Brooks was the love of his life.

Bundy was so obsessed with her that he grossly exaggerated his own accomplishments. By 1968 she broke up with him because she believed he was not good husband material. This broke Bunny’s heart and this obsession drove his life for years. If I could plan a therapy for Ted Bundy I would have him locked up in a Psychiatric ward for six months so we can observe and diagnose him. After we diagnose him we will have a therapist talk to him six times a week to work on his past problems. The problems we will be focusing on his you childhood life and the reality that his mother is his older sister.

Another place of concern is the break up of his high school sweetheart Stephanie Brooks. These are the points would focus on so we can tackle the real reason why Ted Bundy became one of the greatest killers in the history of the United States. To help rehabilitate Ted Bundy he will be placed in a Half way house for multiple years. The meetings with the therapist will decrease to five times a week. In Tee’s spare time he will be writing and explaining why he thinks he killed multiple women. After this confession Ted will be given mood stabilizers to work on his bipolar behavior.

To add to the stabilizers he will also be given multiple anti depressants to work on tackling his huge depression problem. The odds of Ted Bundy healing fully are slim to none. I believe that his time in a horrible state of mind will be to hard to fix with medication and work with a therapist. Do believe he will show signs of growth but he will revert back to his old mindset. I do believe that Ted Bundy can become a man who understands what he did was wrong and he needs to change. But I don’t believe he will ever become good enough to live in the real world among normal people.

Issue:

Whether or not an individual may be prosecuted under state criminal law when federal regulations cover the same behavior and the federal penalties are much less?

Rule:

The rule applicable in the case at bar is the Supremacy Clause contained in Article VI of the Constitution which provides “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Analysis:

It is clear from the Supremacy Clause that federal law shall at all times be superior to state law. This means that whenever there is a conflict between the two, it is federal law that should be made to apply. Parenthetically, whenever a state law conflicts with a federal law the former maty be declared as invalid. Since the case against Sabine Consolidated, Inc., and its president, Joseph Tantillo is covered by both federal and state criminal laws, the prosecution must be based on the federal law since there is an apparent incongruity between the two.

Conclusion:

The patent idea that the Supremacy Clause imparts is that whenever a state law conflicts with federal law, the latter shall prevail. It is therefore clear that an individual cannot be prosecuted under a state criminal law when federal regulations cover the same behavior and there is a difference in the penalties prescribed by both statutes.

Issue:

Whether or not knowledge of the permit requirement is a condition precedent for a valid conviction under the Resource Conservation and Recovery Act (RCRA)?

Rule:

Ignorance of the law excuses no one from compliance therewith. This is the rule applicable in the case at bar which holds that persons are presumed to know the law and should therefore cannot escape liability by feigning ignorance thereof. A person who is uninformed  of a law should still be held accountable for violation thereof and should not be allowed to get impunity because of his ignorance.

Analysis:

Dean’s allegation that the government did not prove that he knew of the permit requirement should not be allowed to prosper. He is engaged in a business or industry that deals with hazardous chemicals, an undertaking that may be considered as uncommon, he should have put it upon himself to be acquainted with the law covering such venture. Well settled is the rule that persons who are engaged in any enterprise considered as beyond what is ordinary for a common person should make themselves knowledgeable of the statutes essential to engage in such an enterprise.

Conclusion:

Dean is presumed to have known of the permit requirement in consonance with the public policy that “ignorance of the law excuses no one.” The government therefore does not need to prove that he knew of the permit requirement.

Issue:

Whether or not the warrantless search made against Houghton violated her right against unreasonable searches and seizure?

Rule:

The rule applicable in the case at bar is the fourth amendment to the United States Constitution which provides “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Analysis:

The search made against Houghton was made after the car she was riding was stopped for speeding and the police noticed a hypodermic syringe in the pocket of the driver. Although normally a warrant is needed to effect searches, a warrantless search may also be made when the person was apprehended and the police officers has reason to believe that the person is committing or has just committed a crime.

Conclusion:

The search made in the case at bar was contemporaneous to the lawful flagging by an officer of the car wherein Houghton was a passenger. The officer’s action in searching the purse was spurred by probable cause. There was therefore no violation of the Fourth Amendment rights of Houghton. 

Issue:

Whether or not the corporation, franchised dealers and subsidiaries are not considered as “enterprise” under Racketeer Influenced and Corrupt Organization (RICO)?

Rule:

RICO makes it unlawful to “conduct or conspire to conduct an enterprise whose activities affect interstate commerce by committing or agreeing to commit a pattern of racketeering activity. Under the Act, “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity;

Analysis:

Chrysler’s allegation that the entities involved did not constitute an “enterprise” is misplaced. It is very clear from the definition provided in RICO that enterprise include corporation and even groups or individuals who associated in fact although not a legal entity. Chrysler Corporation, its franchised dealers and subsidiaries fall squarely to the definition of “enterprise” in the RICO Act.

Conclusion:

The entities involved in the case should be considered “enterprise” as defined in the RICO Act. Chrysler’s assertion should therefore be considered as not valid.

Source

Brown, George D., “Constitutionalizing the Federal Criminal Law Debate: Morrison, Jones, and the ABA” . University of Illinois Law Review, Vol. 2001, November 2001 Available at SSRN: http://ssrn.com/abstract=293202 or DOI: 10.2139/ssrn.293202