Criminal Law

Midterm Criminal Law State v. Doug Homicide: The unlawful taking of the life of one human being by another. Actual Causation : The defendant’s act must have been the “cause in fact” of the victim’s death. Without the defendant’s actions, the victim would not have died. “But for” Doug shooting and killing Tom, he would not have died. Proximate Causation: A defendant’s actions are the proximate cause of the victim’s death if the result occurs as a consequence of the defendant’s act. There is no other casually connected act. The defendant’s conduct is the direct cause of the harm.

Doug was the sole causal agent, and he brought about Tom’s death by shooting and killing him. Therefore, Doug was the proximate cause of Tom’s death. Murder: Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought is the intention to cause the death of, or grievous bodily harm to, a human being. Because Doug shot and killed Tom he will be charged with murder. Because Doug went to a nearby drawer to grab a gun, and then shot Dan, there was malice aforethought. First Degree Murder: First degree murder is murder where there was premeditation, deliberation, and then willful killing.

Doug was “fearing for his life” and did not have premeditation or deliberation. Doug will not be convicted of first degree murder. Second Degree Murder: Second degree murder is murder where there is malice aforethought but it was not premeditated. Because Doug did commit murder but did not premeditate, his charge will be second degree murder. Voluntary Manslaughter: Voluntary manslaughter is a killing done “on a sudden”, in the “heat of passion”, after “adequate provocation”. The Model Penal Code declares that a killing “which otherwise would be murder” is manslaughter under certain conditions.

Because Tom threatened to “beat Doug badly”, and Doug then feared for his life, there was legally adequate provocation. Doug will argue that the killing was done in the “heat of passion”. Under the Model Penal Code, the killing would be considered committed under extreme emotional or mental disturbance . Because there was no “cooling off” period brought on by the sudden provocation, at a time when reason was disturbed, so there was no mens rea. Doug will be eligible for reduction to voluntary manslaughter. Self Defense:

Self defense is a general right to defend oneself against the use of unlawful force. One may defend oneself with deadly force only if the attacker threatens him with serious bodily harm. Doug will contend that Tom threatened to “beat him badly”, and he was defending himself from serious bodily harm. Doug believed that he was in imminent danger, had no way to retreat, and that the use of deadly force was necessary to protect himself. The Jury will have to decide if Doug’s deadly force was excessive. Tom’s words carry a threat of serious bodily harm, but there was no unlawful force taken.

Also, the jury will have to decide if Doug was the initial aggressor. Defense of Property: Use of force to defend one’s property or one’s self from harm is justified. A homeowner generally cannot use deadly force to defend his property. This is based on the judgment that human life is more valuable than property. Doug will argue that he was defending himself and his property and was acting in self defense. Doug should be able to mitigate a charge of murder to voluntary manslaughter. Because there was no unlawful force against Doug, self defense will most likely not be attainable.

William Elf August 17, 2013 The Choice of Evil Defense is also called the General Defense of Necessity. This defense justifies an act that may be a crime but Is done to prevent a greater evil. “the choice of veil’s defense consists of proving that the defendant made the right choice, the only choice?namely, the necessity of choosing now to do a lesser evil to avoid a greater evil” (Samara, 2014).

The Model Penal Code contains the elements in three steps: 1) Identify the evils. 2) Rank the evils that are present. 3) Choose the evil that would be the best and that something is going to happen immediately. The choice of veil’s defense says it is better to commit a lesser crime to avoid the harm a greater crime would cause. An example of this would be if your neighbors’ car was burning in a parking lot and you saw it was on fire and sitting next to the neighbors’ car was a car that had three children In It.

No one was In your neighbors car so no one was In harms’ way but there was no adult in the car with the kids. In order to protect the kids, you went over and Jumped In the car and moved the car further away from the fire. The mother came out and saw that her car was not in the spot she parked it and called the police. The police charged you with stealing the vehicle and kidnapping of the three kids. At trial you presented the choice of evil defense stating that you had to move the car with the children in It to prevent them from burning up in the fire caused by the neighbor’s car.

If you wouldn’t have moved the car to a safe place, the children would have been seriously injured or killed. In this scenario the Judge should allow the defense of the choice of evil because if he wouldn’t have moved the car when he did, the kids would have been severely hurt or killed immediately. He didn’t have erne to go try to find the mother of the kids so she could move the car herself. Reference Samara. (2014). Criminal law (1 lath De. ) Coinage Learning By diamagnetic Everest University Online offense Justifies an act that may be a crime but is done to prevent a greater evil. The car that had three children in it. No one was in your neighbor’s car so no one was in kids, you went over and Jumped in the car and moved the car further away from the to move the car with the children in it to prevent them from burning up in the fire should allow the defense of the choice of evil because if he wouldn’t have moved the didn’t have time to go try to find the mother of the kids so she could move the car Samara, (2014). Criminal law (1 lath De. ) Coinage Learning

We have conceptualized the multiplex railway telegraph, which allowed messages to be sent from moving trains to railway stations. We have assisted in leading Thomas A. Edition’s research team in the development of the electric light bulb. We constructed a device that allowed machines to be lubricated while they are in operations. We have been some of the most noble kings and queens in history (Michael, PI). We have survived slavery, mass genocides, civil wars, theorized and actual government plots.

From slave cuffs to presidential cuffs, the strength and abilities presented by black individuals around he world is astounding. Despite all odd, statistics and stereo types here in the United States and around the globe African Americans continue to prove as a people, no matter the circumstance they have the ability to overcome any issue. Its Just a theory but, in order to protect the male African American populations should black men around the world be placed on the endangered species list? Although it is clear that African Americans have great success, as with any culture there are great failures.

In the United States African American Males make up 13. 5 cities in 2007 where African Americans. Within the subset of African American violence 93. 1 percent of document deaths were males. Between the age ranges of 15 to 24, African American Men have been victims of violent crimes that include, robbery, self destructive acts, simple to aggravated assault, gang violence, and police brutality (AP, POP). Could these issues be connected to the root cause of the extinction of black men around the world? Some believe that African American men are on a self destructive path.

While others think we are being killed in this notorious ricer of retrogression into slaver. What is an endangered species? A species population of organisms with the risk of becoming extinct of falling birth rates and growing death rates, or being threatened by the changing environmental or predation parameters. Only few Although at this time currently The International Union of Conservation of Nature (ICON) does not have any human subsets listed on the endangered species list, the concept of the JINN is to protect species from potentially becoming extinct without gaining public notice.

Many factors are reviewed when accessing the conservation tutus of the list, Just because the numbers of remaining are high isn’t Just a key indicator. The overall increase and decreases in population overtime, known threats and so forth. Internationally, over one hundred countries have agreed to create biodiversity action plans to protect threatened and endangered species (David, Pl 5). The endangered species list however does include a policy on species maintaining and captive breeding programs.

This area of the program would need to be modified, captive breeding program does not apply to humans as they have free will. Arguments have been made that self destructive acts are the primary reason for the down fall of the African American community. At Finger High School located in Chicago, student Daring Albert a 16 year old black honor student was knocked to the grown by a blow to the head with a railroad tie. He was kicked, punched and stomped. His cries went unanswered, and by the time someone was able to help Daring it was to late, he died lying in the middle of the street.

The background on Daring’s story isn’t very uncommon for this area of Chicago (Morocco, Pl). Daring alkyd into the middle of two rival black gains, in his attempt to help one of the victims he was mistaken to be part of the rival gang. According to Derby Morocco who is also an African American, this is another tragedy where African American civil rights leaders remained silent. Mr.. Morocco believes that if this story would have been a white gang attacking a black gang every self-appointed African American leader would be in front of some form of media preaching about some form of social injustice.

Mr.. Morocco references the President Beam’s statement about the police arresting Proof. Henry Louis Gates, Jar. In contacts to the President comments and setting up meetings between the professor and the arresting police office, no media coverage was giving to the malicious homicide in the brutal killing of this honor student (Morocco, PI). Mr.. Morocco is not saying that the president is reasonable for Daring’s death, he states the fact the he is disappointed young man’s killer. According to New York Times There are more black men in prison than college.

Only 5% of black men are in college. 70 percent of black men have experienced long- term unemployment (AP, POP) The African-American males comprise over fifty-five percent of the nation’s prison population, one out of every fourteen black men is incarcerated for an crime. Between the ages of 20 to 29, one out of every 4 black males is in prison, on parole, or on probation for an alcohol or drug-related crime (AP, POP). Over the last decade there were more than 1. 4 million sentenced inmates at the end of 2003, an estimated 403,165 were Black men between ages 20 and 39.

Compared with 12. 3 percent of young Latino men and 6. 7 percent of young white men, 76 percent of young black men are behind bars (AP, POP). . When compared to other races. What is the real issue of what’s going on when it comes to black men in America? Is this a from of self-destruction? Although it is clear that black on black crimes exist, in the United States we have a long history of white on black crimes. November 25, 2006, Sean Bell was hot and killed on the morning after his bachelor party, and two of his friends where severely wounded.

Mr.. Bell was holding his bachelor party at Club Koala in Jamaica section of Queens, New York. This night club was under investigated by seven undercover police detectives, as a result of accusations that the owners of the club had been steering prostitution (Baker, POP).. According to Report Karen Zaire of the New York Times, Gunman had an argument inside the club with a woman and threatened to get a gun. One of Bell’s friends was though to have said “you, get my gun” as they left the scene.

Fearing that a shooting might occur, one of the plain-clothed African American officer Scared Sonora followed the men to their vehicle while alerting his backup team, prompting the team to confront Bell and his companions before they could leave the scene. Sonora held out his badge, and identified himself as a police officer, and told the car to stop. However, Bell accelerated the vehicle and hit Sonora, then striking the unmarked police minivan. Scared Sonora believed he saw Gunman reaching for a gun while in the car, yelled “gun” to other police at the scene, and opened fire on the car.

All officers and detectives at that point Joined him in shooting at the car, firing 50 bullets in a few seconds (Zaire, POP). On March 16, 2007, three of the five police officers involved in the shooting were grand Jury indictment. Officer Michael Oliver, who fired thirty one of the fifty shots ND Officer Scared Sonora, who fired the first shot, faced charges of manslaughter, reckless endangerment and assault, while Detective Marc Cooper faced charge of two counts of reckless endangerment. The three detectives pleaded not guilty at the arraignment hearing on March 19, 2007.

Detectives Sonora and Oliver were released on bail and Detective Cooper on his own recognize. On April 25, 2008, all three of the police officers indicted were acquitted on all counts (Baker, Pl 7). On June 7, 1998, James Byrd Jar, accepted a ride from Shawn Allen Berry, Lawrence sat ride of his live. Instead of taking James home, the three men took James behind a convenience store, beating him unconscious, stripped him naked, chained him by the ankles to their pickup truck, and dragged him for three miles.

Forensic evidence suggests that James attempted to keep his head up while being dragged behind the truck, an autopsy suggested James was alive during much of the dragging, and he only died after his right arm and head were severed after his body hit a culvert, although the men claimed that Bard’s throat had been slashed before he was ragged (National News Briefs, 23). Finally the arguably the most infamous biomedical research study the United States.

The Tuskegee syphilis experiment was the clinical trial study conducted between 1932 and 1972 in Tuskegee, Alabama, by the United States Public Health Service. Investigators recruited 399 impoverished African-American men with syphilis for research related to the natural progression of the untreated disease. This experiment can be compared to mass genocides (Prater, 2007). On May 16, 1997, President Bill Clinton formally apologized and held a ceremony for the Tuskegee duty participants. In his speech, President Clinton Stated “What was done cannot be undone.

But we can end the silence. We can stop turning our heads away. We can look at you in the eye and finally say on behalf of the American people, what the United States government did was shameful, and I am sorry'( Washington Post News Feed. PI) . As a people, African American are often the underdogs. Brought here by slave ships, then sold and beaten. Although there is the need for the United States to progress, we should not have to pass affirmative actions laws Just to be able to moment. Some might say we are living in the past, that this is self-distraction.

Difference Between Criminal and Civil Cases PA101: The Paralegal Professional Unit 8 Dianna Marsh 11/13/2012 In today’s society there are rules and regulations in place that determine how citizens are to behave. When these rules are not upheld, a need to resolve or punish the offending parties exist. Whether the offense is criminal or civil, the case is settled in a court of law. Although there are similarities between civil and criminal cases, there are many differences in the way these cases are handled. Both criminal and civil cases starts with filing a complaint.

The parties that file the complaint is called the plaintiff. In a civil case the plaintiff can be an individual, corporation or government agency. In a criminal case the plaintiff is always the state or federal government. One of the key differences between civil and criminal cases is the burden of proof. In a civil case the burden of proof depends on a preponderance of evidence. In legal terms, a preponderance of evidence means that a party has shown that its version of facts, causes, damages, or fault is more likely than not the correct version, as in personal injury and breach of contract suits.

This standard is the easiest to meet and applies to all civil cases unless otherwise provided by law. (Preponderance of the Evidence, 2010) In a criminal case the Burden of Proof is the responsibility of the plaintiff. The plaintiff must prove guilt beyond reasonable doubt. For example, in the case of the State v O. J. Simpson. The state of California was unable to prove guilt beyond reasonable doubt, that is why OJ was found not guilty of the murders he was accused of. He was, however found guilty of wrongful death in a civil suit filed against him with the same evidence.

It is the juries responsibility to review the evidence and reach a verdict in the case. In a criminal case, the jury must return a unanimous vote for conviction. This is determined by whether or not the evidence and testimony presented proves guilt beyond reasonable doubt. If unable to do this, a not guilty verdict is reached and the defendant is released. In a civil case only 51% or 9 of 12 jurors votes need to be obtained for a guilty verdict. Once the verdict is reached a sentence or punishment is handed down by the judge. There are differences in this too.

In a criminal case the punishment can be as little as a fine or as large as capital punishment, but most normally receives imprisonment. In a civil case punishment is usually monetary. You cannot be sent to prison. There are many other difference, but these are only a few. These systems are in place because they deal with the civil rights of an individual, and the protection of those rights. References: Cheeseman, H. ; Goldman,T. (2010). The paralegal professional (3rd ed. ). Upper Saddle River, NJ: Pearson/Prentice Hall. www. courts. uslegal. com, Burden of Proof, Preponderance of the Evidence, 2010

May 14, 2012 Born of Neglect – The Los Angeles Riots “It was the city that failed…It was police management, past and present, that has failed. This has to be taken into account to reflect a just and fair sentence…There simply has to be some allowance for the official negligence of the city which allowed this to take place and which will take place again” (qtd. in Cannon 3) On April 29, 1992, the day the verdict in the Rodney King trial was read, I was seventeen years old. Standing in the living room, I watched the news with my parents as they waited for the verdict.

When the four “not guilty” verdicts were announced, I asked my parents why the police were found not guilty if they were caught on tape, that didn’t seem fair. My mom answered, “No one ever said . ” This was news to me; however the people of Los Angeles had learned this lesson the hard way. The people of L. A. and the justice system have had a long and rocky relationship. There have been three major riots in L. A. since 1942, and coincidentally or not, each has a direct correlation with racial bias of the judicial system.

While there is good cause to question whether mob mentality took over and created the riots themselves, the circumstances that created the perfect atmosphere for violence cannot be discounted. The Zoot Suit Riots of 1942 involved the predominately Mexican youth of central L. A. and the predominately white servicemen that had been stationed there. Tension between the two had been building, partly due to the servicemen’s rowdy behavior and perceived disrespect to the Mexican community, and partly due to the Mexican youth’s territorialism and pride.

Due to the current wartime state of the country however, the media and most citizens gave favor to the servicemen, and portrayed the Mexican Zoot Suitors as gangsters and troublemakers. When Jose Diaz was discovered murdered, the media and police were quick to label it a gang killing. The subsequent arrests and trial were such a charade of justice that all of the convictions were later overturned. However, the resentment the Mexican youth had for being treated so unfairly simmered, and created the tinderbox that ignited the Zoot Suit Riots. In 1965 the L. A. P. D. ulled over Marquette Frye, a young black man suspected of drunk driving. Frye was new to L. A. , and did not realize the seriousness of the police in L. A. He attempted to joke with the officers, and being close to his home, Frye’s mother arrived on the scene and began to scold Frye for getting into trouble. At this time a crowd had begun to form, and look on as the police used their batons to subdue Frye, his mother, and his cousin with excessive force. The crowd began throwing things at the police, and the rumblings of what became the worst riot in Los Angeles’s history began.

Unlike the previous riots, The Los Angeles Riot of 1992 started abruptly. Still, there was a general distrust between the L. A. P. D and the people of Los Angeles, and many complaints of police brutality were ignored. In March of 1991 a fifteen year old girl named Latasha Harlins walked into a Korean-owned store to buy some juice. She had her money in her hand, but put the juice into her backpack before she paid. The store owner, Soon Ja Du, perceived Latasha to be stealing, and grabbed her arm. Latasha struck Soon Ja Du and knocked her down.

She threw the juice on the counter, and turned to leave the store. Soon Ja Du pulled out a gun and shot Latasha in the back of the head as she was leaving, and instantly killed her. The community went into an uproar, and racial tension was stronger than ever. Soon Ja Du went to trial and was convicted of voluntary manslaughter, and her recommended sentence was sixteen years. When she went before the judge for sentencing however, the judge assigned her five years probation, 400 hours community service, and a $500 fine.

During this same time period, a black man named Rodney King was pulled over after leading the police on a high speed chase, and brutally beaten by five white police officers. The police were unknowingly being videotaped, and the tape was released to the public. The trial of the officers involved was followed by the entire country, and the conviction of the officers seemed a sure thing. When a white jury returned four “not guilty” verdicts to an already tense city, it had the effect of setting a match to a fuse. The verdicts were announced at 3:15pm; 45 minutes later a flash mob formed at the intersection of Florence and Normandie.

The group of people, angry and betrayed, began throwing bricks, shouting, and breaking windows. When the police arrived, they did not call for back-up to control the situation immediately, and instead retreated. The police formed barricades around the city, effectively protecting the upscale neighborhoods surrounding the city, as well as trapping anyone who might have wanted to escape. Around this time the line between righteous anger and mob mentality may have become blurred. In the full scale riot that ensued, building were looted and burned down, pedestrians were brutalized, and some were killed.

One of the most remembered events of the riots was the live broadcast of Reginald Denny being dragged from the cab of his truck, knocked down, and being beaten with a fire extinguisher, hammer, and brick. In retrospect many people considered this a hate crime, because Denny was white. However, some people consider this merely a crime of opportunity, with Denny simply being in the wrong place at the wrong time. Duncan, Hugh Dalziel. Introduction. Permanence and Change: An Anatomy of Purpose. By Kenneth Burke. 1935. 3rd ed. Berkeley: U of California P, 1984. xiii-xliv. Print.

Student Handout 3. 1 – The Difference Between Civil Law and Criminal Law When is a legal problem criminal and when is it civil? What difference does it make whether it is criminal or civil? One way of looking at criminal law is that it is dealing with something of public interest. For example, the public has an interest in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law.

Criminal law involves punishing and rehabilitating offenders, and protecting society. Since the public has an interest in having criminal law, we give the government the power to put it in place and enforce it. The police and Crown Prosecutors are hired by the government to put the criminal law into effect. Public funds are used to pay for these services. If you are the victim of a crime, you report it to the police and they have the responsibility to investigate. They arrest and charge the suspect.

In most cases, if a charge has been properly laid and if there is evidence supporting it, the Crown Prosecutor, not the person who complains of the incident, prosecutes it in the courts. This is called a system of public prosecutions. Long ago the person who had been wronged prosecuted the case. The power to prosecute privately remains, but is used rarely now. Even if a person starts a prosecution privately, the Attorney General has the power to take over the prosecution of the case. As a victim, you do not have to be responsible for enforcing the law.

The police and Crown Prosecutor do their jobs for the public at large, not for you personally. In a criminal case, the Crown prosecutor must prove the defendant’s guilt “beyond a reasonable doubt. ” This means that at the end of a trial the judge or jury can only find the defendant guilty if they are left without a reasonable doubt about the defendant’s guilt. In other words, there is no logical or rational reason to doubt the defendant’s guilt. This is not the case in civil law. Civil law is about private disputes etween individuals or between individuals and organizations. Civil matters include areas such as contract law, family law, tort law, property law and labour law. The person suing for a wrong has the burden of proving their case on a “balance of probabilities. ” This means that a judge or jury must believe their story and evidence more than the defendant’s version. They do not need to be convinced beyond a reasonable doubt. Civil disputes usually involve some harm, loss or injury to one party or their property.

Unlike criminal law; however, civil law is primarily involved with compensating victims. If a civil action is successful, the defendant will be responsible for the wrongful action. While a defendant in a criminal case may be found “guilty” or “not guilty,” a defendant in a civil case is said to be “liable” or “not liable” for damages. If you have a civil law problem, you have to take action yourself if you want to get a legal remedy. You can hire a private lawyer, and you will have to pay the expenses of pursuing the matter.

For example, if you hire someone to paint your house and they do a poor job, it is a dispute between you and the painter. The police do not get involved. If you want to sue the painter for breach of contract, it is your responsibility to do so. Sometimes criminal law is referred to as part of our public law because it applies to all Canadians and regulates relationships within our society. Similarly, civil law is sometimes referred to as private law because it regulates private relationships between individuals in our society.

College Writing English 111 Fall 2012 Essay #3: Writing Strategy Prompts Evaluation Using the techniques of social satire modeled in “A Word from My Anti-Phone Soapbox” (pg. 131), assess a public policy, social movement, or cultural trend you believe deserves serious and detailed criticism. But don’t write a paper simply describing your target as dangerous, pathetic, or unsuccessful. Instead, make people laugh at your target while also offering a plausible alternative. Causal Analysis After examining the way Charles Paul Freund deals with jeans (pg. 70), identify a comparable trend you have noticed or a change in society or culture that deserves scrutiny. It might relate to technology, entertainment, political preference, fashion, popularity of careers, or other areas. Write an analysis of the phenomenon, considering either causes or potential consequences of this new mania. Then illustrate the trend with images that suggest its cultural reach or significance. Spend some time in the opening of your paper describing the trend and establishing that it is consequential.

Rhetorical Analysis Using Seth Stevenson’s “Ad Report Card Can Cougars Sell Cough Drops? ” on pg. 253 as a model, write your own critical analysis of a single ad or full ad campaign you find worthy of attention. Choose a fresh campaign, one that hasn’t yet received much commentary. Literary Analysis In “Insanity: Two Women” (pg. 231), Kanaka Sathasivan does a close, almost line-by-line analysis of Emily Dickinson’s “I felt a Funeral in my Brain”; then she compares the themes and strategies of the poem to those she finds n Charlotte Gilman’s “The Yellow Wallpaper. ” For a project of your own, do either a close reading of a favorite short poem or song or a comparison of two works from different genres of media. For the close reading, tease out all the meanings and strategies you can uncover and show readers how the text works. For the comparison, be sure to being with works that interest you because of some important similarity: They may share a theme or plot or even be the same work in two different media—The Prince of Persia video game and movie, for instance.