Criminal Law
Jordan Miller
CJA 354
September 24, 2012
Kristin Mildenberger
Criminal Law
Former Chief Justice and President of the United States from 1909 to 1913, William Howard Taft once stated “Presidents come and go, but the Supreme Court goes on forever.” That statement currently remains to hold true. The first Supreme Court was called to assemble on February 1, 1790, at which time the powers and duties of the Supreme Court were established. The United States Supreme Court currently has one Chief Justice and eight Associate Justices and is the highest judicial body in the United States.
In the 2009 case of the Supreme Court vs. Joel Tenenbaum, the Recording Industry Association of America (RIAA) sued former Boston University
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The definition of criminal liability is when one does not commit an act of crime intentionally, but the actions he or she takes result in a crime. An instance of criminal liability would be if an individual takes medication that makes him or her drowsy and that person operates large machinery and hurts or kills someone. He or she did not plan to hurt anyone but were negligent on the actions taken (Lippman, 2010).
Accomplice liability means that under criminal law, any individual may be held responsible for a crime if he or she intentionally abets, encourages, solicits, advises or procures the commission of the crime by physical conduct or psychological influence. Generally, a failure to prevent another from committing a crime will not trigger accomplice liability. However, that omission could be a factor in determining whether psychological influences such as actus reus (guilty act) and mens rea (guilty mind) of accomplice liability existed in the commission of a crime. The requirement of actus reus accomplice liability involves even the smallest amount of psychological assistance to the perpetrator of a crime, whereas mens rea involves showing ones intent to assist in the commission of a crime (Lippman, 2010).
Actus Reus, Mens Rea, and Concurrence
United States law states that elements of a crime are facts that must be proven for the successful conviction of an individual charged with a
The first Supreme Court Justice took office in 1789. His name was John Jay and he accepted the offer to take the position when offered it by George Washington. Congress approved him later in the year and he stayed in office until 1795. There have been many more Chief Justices in the United States Supreme Court with a current number of seventeen and with more to come.
The five principles of a crime are the guilty act or actus reus, the guilty intent or mens rea, the relationship between guilty act and guilty intent, the attendant circumstances and the results. The guilty act or actus reus is the inception of a crime, “this criminal liability occurs only after a voluntary act that results in criminal harm” (Neubauer & Fradella, 2014). This protects Americans from being punished for bad thoughts. The guilty intent or mens rea establishes and distinguishes between the mental state required in committing a crime. This insures that Americans are not prosecuted for innocently causing harm to another. The relationship and union between the guilty act and the guilty intent further distinguishes an act from being
Complicity, better known as accomplice liability, is the act of assisting or encouraging another to commit a crime. Often times this term is correlated with the act of aiding or abetting which can be interpreted easily. Although an accomplice did not directly act within the crime, their actions that positively affected the crime can lead to their conviction as an accomplice. This can be a person who stood by and watched a crime happen, a person who helped plan out the process of a crime, or even a person who ignorantly aided one another with a crime. In two different cases studied, Pace vs. State of Indiana and Settles vs U.S, the appellants on trial are fighting against their involvement in their separate crimes. For Pace, his involvement with a robbery taken place within his vehicle that he failed to stop rules him liable as an accomplice. With his driving during the robbery and assisting the criminals escape from the victim, a trial could be formed to convict him as an accomplice. In the Settles case, a man, Whitley, is on trial for being an accomplice to a kidnapping and sexual assault committed by Settles. Without knowledge if Whitley had any involvement in the planning process of the crime, the trial stands to convict Whitley for standing watch out and allowing a crime to occur. A testimony by the victim claiming that Whitley was seen running away from the scene of the crime with Settles also ads to the evidence being used to convict him as an accomplice.
Criminal law is better known about in the U.S. than Civil Law because criminal activity is usually publicized at a result of it being news and a civil cases are of private matter.
Civil LawThe branch of legislation dealing with the rights and duties of citizens. Criminal Law- Legislation dealing with crime and its punishment. The fact of the case seems as if it could be a criminal case or a civil case. The teenagers abused the elderly physically, and verbally. This should make them pay a fine to the family members. That would make it a civil suit. The teens where put in front of a jury and found guilty and sentenced to some jail time while others were giving other sentences for various charges and the negligence of the Good Samaritan Home employers and the abuse by the nursing aides. That makes it a criminal suit.
In this course we have taken several field trips in order to get an understanding of the places and operations we have learned of in our previous courses in this degree program. From the patrol officers making arrests, to the courthouses where judges give sentencing, to the prisons where guilty parties serve their sentence, the Law Enforcement and Justice System is a complex yet straightforward system. Meant to grant justice to the community and prevent further atrocities to justice and peace from occurring. But for whatever reason, if these duties are broken, then the gears of justice begin to turn, and in so, the many cogs and belts that run this machine to make it one of the most efficient machines there is. Here we are to discuss my thoughts of the trip I had taken with the class to the State of Rhode Island’s Adult Correctional Institution or ACI for short.
Chinook Middle School security guard who was a former cop was charged with misdemeanor assault following allegations that on February 1, 2011, he choked a 14-year-old student until his face turned blue. Greg F. Seth was a former Seattle police officer who worked for the district for 15 years. After Seth had filed a complaint that the boy pushed past him the boy was immediately arrested (Pulkkinen, 2011). However, two months elapsed before the district filed a formal police report. Seth was subsequently placed on administrative leave and then fired from his job. According to King County Sherriff's Detective Timothy Gillette, Seth, 64, and an administrator at the SeaTac middle school were interviewing the boy about a theft when the incident occurred. When Seth put his hands on the boy's shoulder as he was leaving the administrator's office, the boy shrugged it off. Seth then grabbed the boy from behind and wrapped an arm around his neck and nearly lifted him off the ground. The school administrator later told the investigators that the boy's face turned purple, then blue as he was held on chokehold by Seth. The charging documents read that the boy drooled uncontrollably. The incident was also witnessed by another school executive. Seth falsely made the school resource officer to believe that the boy had assaulted him hence his demand that the boy be arrested. No photographs were however taken of the boy's neck immediately after the incident. The boy was
In a strict liability offense the perpetrator’s state of mind at the time the physical constituents of the crime are committed is largely irrelevant as you have indicated. However, a more accurate way of defining a strict liability offense is to say that, a crime will only be one of strict liability if the statute defining the offense specifies a legislative purpose to impose criminal responsibility
If I were conducting an in-service to my fellow officers over the five elements needed to constitute a crime, I would do by going over, explicitly what each element is and provide an example. Furthermore, I would then tie all elements in together for a larger example. According to Brody and Acker (2010), Professor Jerome Hall developed the framework of the five general elements to a crime, which are:
Causation means that „In order for a crime to be a legal crime, there must be a causal relationship between the legally
There are 5 general elements of crimes. Those are mens rea, the act, the concurrence principle, harm and causation (Brody and Acker, 2010).
Causation is the direct linkage between the crime and the damage allegedly caused. It is established to ensure that the offence did cause harm to an individual, society or other establishment.
CONVEYANCING LECTURE 14 MAY 2007 Note: Students should read the Chapters in Lang & Skapinker and the cases referred to in the Guide. These notes are NOT a substitute for reading the text and considering the cases. _________________________________________ Introduction Conveyancing “Conveyance” is defined by the The Australian Oxford Dictionary to mean “the transfer of property from one owner to another”. Conveyancing has the corresponding meaning so when we talk about the law of conveyancing we are talking about the laws relating to the transfer of property. This is likely
Actus reus is the action that causes the harm. Actus reus must be voluntary. It must also be active. For example thoughts cannot be proven and cannot, by themselves, do harm. They cannot be considered a crime until they are acted on. Finally, it must be wrong or illegal. For example, shooting guns is not a crime. Firing a gun at a target range or in military training does not constitute an actus reus. Shooting a gun in a shopping mall however, is an actus reus.
Negligence is a conduct of a person, who acts out of reasonable standards, and by his behaviour, puts another person at the risk of injury or death, without knowing the actual risk. Recklessness is when a defendant is aware of creating a dangerous situation and is aware of a risk that will occur, and he is not doing anything to prevent the risk or he is doing something that pose the risk. A reckless person is performing an act knowing of the actual risk. Negligence is less serious than recklessness. And in general, there is no criminal liability for failure to act in certain situations. But there are also exceptions when you can be criminally liable; statutory duty, contractual duty or duty imposed by