Criminal Defense Case Analysis CJA/354 Criminal Defense Case Analysis We all do our best to protect what is ours, but how far will we go to do that and will it justify our reasons behind our actions? Whether it’s protecting our properties and possessions, or family or even ourselves, situations get out of hand and we are faced with making decisions that could change our lives and the lives of those around us. The tiniest detail can determine ones actions as justifiable or unjustifiable. For Don Luis Ceballos and Judy-Ann Laws Norman their actions of defense were unjustifiable according to a jury. Professor Joshua Dressler argues that the various legal standards for protection of the dwelling make little …show more content…
Stephen did admit to breaking in and attempting to steal, but was unsure if he was going to follow through with the robbery. In defense, Mr. Ceballos pleaded that if he were present his actions would have been the same. To stop or hurt the person that was trying to take what is rightfully his. Mr. Ceballos argued that his actions were justifiable because Stephen had come to his home previously attempting burglary and this second time he was prepared. Evidence of the previous break in that happened in March of the same year and testimonies do show that Stephen was there with an attempt to commit another crime, burglary. But the jury argues that had Mr. Ceballos been present for the incident his actions would have been justified due to the nature of the crime that was about to be committed. Had he been present there would have been cause for excessive force to defend his home, property, and himself. However, Stephen and Robert were the only people on the property and were not armed and there was no excuse for excessive/deadly force. In U.S. Courts, the law claims that it is illegal for anyone to own a deadly mechanical device that could bring harm or even death to the lives of those that are innocent or law enforcement officials who are acting within the scope of their employment. Concluding the case, Mr. Ceballos defense was not justifiable because he was not present for the incident and had he been present, he would have assessed
A jury is a person who is un-qualified and not paid who is selected at random to participate in the court hearing. To be
Sparkle Company is a Nigerian diamond mining company. Sparkle is a joint venture, 50 percent owned by Shine and 50 percent owned by Brighten. Both Shine and Brighten are U.S.-based companies with their functional currency being the American dollar. Sparkle Companies functional currency is that of Nigeria, being the Naira. During 2009, Sparkle had several transactions with its joint venture owners and outside parties. The details of Sparkle’s transactions are three loans, three expenditures, and one revenue stream. The loans the company took out were $1 million from Brighten, $1 million from Shine, and 300 million Naira from a local Nigerian bank. The expenditures
The specific aims and purposes of criminal law is to punish criminals, and prevent people from becoming future criminals by using deterrence. “Having a criminal justice system that imposes liability and punishment for violations deter.” (Paul H. Robinson, John M. Darley, Does Criminal Law Deter? A Behavioural Science Investigation, Oxford Journal of Legal studies, volume 24, No. 2 (2004), pp. 173-205). Criminal law
10. Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense.
This case is important to anyone working in law enforcement because of the objective reasonableness standard that it established via the fourteenth amendment of the U.S. Constitution. This case also reversed a four-factor test regarding use of force that was used to test if the force was applied in a good faith effort to maintain discipline or was applied with malice to cause harm. The Supreme Court in 490 U.S. 396 (1986) determined that the four factor test did not cover all possible situations and only the decision making skills of a human being can adequately determine the appropriate use of force.
This case is talking about an executive retreat. It was introduced by John Matthews who was a executive had been selected to attend the two-and-a-half-week retreat. The retreat was more like a competition about academic and athletic. The team members should not only get know each other and cooperate with teammates but also need to compete with others. The whole participants were broken into five groups and their aim was to win the competition. There are several sessions about academic and athletic that the participants should complete. After the introduction part the case showed the experience of John. Before the group meeting John was wondering and worried about this retreat. When he was taking the first group meeting, he tried to learn
This case made people think about reasoning for entering one’s home. There were certain “guidelines” drawn up such as murder in self-defense and the allowance of a Sheriff to enter if the door is already open).
In order to keep a safe society, it is important to establish a nation with
The Supreme Court has stated that the calculus of the propriety of an officer’s use of force must include the fact that officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving. Officers who use force in the street are judged under the Objective Reasonableness
In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?
• After all procedural steps are complete you will be put into a holding cell, do
Read Rush Johnson Farms Inc. v. Missouri Farms Association, 555 S.W.2d 61 and post a draft case study to the discussion board. Identify the Facts, Issue, Holding, Reasoning and Disposition. Case study #1 will be due week 3. This exercise will help you work through the reading a case prior to receiving a grade. Use the LEXIS NEXIS database through the Webster library to access the case.
This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.
When a person is charged with a crime the type of defense that they choose could ultimately determine their fate. There are many different types of defenses that exist in our criminal justice system. In this paper I will be taking a brief look at two different cases that have implored two different types of criminal defenses. I will look at the nature and types of defenses used in the cases and what evidence was used to demonstrate defense. I will describe how justification and excuse played a role in the cases and I will also be describing the outcome of each case.
This paper will describe my understanding of the text and of the lectures provided in the class. Unlike most classes, where I understood only my view of the text, this class was geared so each student would understand each other’s view. 3 An organization is a collective that has some boundary and internal structure that engages in activities related to some complex set of goals. Members of organizations attempt to meet their psychological, ego and emotional needs within the organization. Criminal justice organizations are particularly unique compared to other public or private sector organizations because of the governmental granted authority. Management within these organizations can be defined as the process by