Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Criminal Law
In Minnesota, the criminal code for arson falls under damage or trespass to property. It is regarded as a serious crime incorporating damage to property and threats to human life. Based on Minnesota criminal code 609.56, arson is classified into four categories i.e. arson in the first degree (609.561), arson in the second degree (609.562), arson in the third degree (609.563), arson in the fourth degree (609.531), and arson in the fifth degree (609.532). As defined in this criminal code, the key elements of this crime include illegal destruction or damage of a building and deliberate use of fire or explosives (Office of the Revisor of Statutes, 2019). Arson in the first degree entails unlawful intentional destruction or damage of a building used for dwelling using fire or explosives while second degree incorporates any building not covered in the first degree classification. Arson in the third degree includes any real or personal property while fourth degree includes public buildings and multiple unit residential buildings and fifth degree relates to the guilt of a misdemeanor.
In New Jersey, arson involves deliberate or reckless causing of a fire/explosion, starting a fire illegally, or illegal burning of a structure or building for destruction or to collect the insurance (Rosenberg, Perry & Associates, 2020). One of the similarities between New Jersey and Minnesota’s criminal code of arson is that the definition of the crime incorporates similar elements. Secondly, charges or punishment of the crime are classified into different categories depending on the different conditions such as the nature of the crime, type of building, and criminal intent. However, these criminal codes for the two states have some differences including classification. Minnesota has five different classifications of arson while New Jersey has fourth different classifications as set forth in N.J.S.A. 2C17-1. Secondly, these classification differ between the two states in terms of the target of the fire and property in question.
References
Office of the Revisor of Statutes. (2019). 2019 Minnesota Statutes. Retrieved from Minnesota Legislature website: https://www.revisor.mn.gov/statutes/cite/609
Rosenberg, Perry & Associates. (2020). Arson. Retrieved June 13, 2020, from https://www.rosenbergperry.com/practice-areas/criminal-defense/arson/
In a unanimous opinion, delivered by Justice Ruth Bader Ginsburg, the Court held that an owner-occupied residence not used for any commercial purpose does not qualify as property "used in" commerce or commerce-affecting activity, such that arson of such a dwelling is not subject to federal prosecution under section 844(i). Justice Ruth Bader Ginsburg wrote for the Court that "[w]ere we to adopt the Government's expansive interpretation of section
This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact. Now, N.J.S.2C:14-2 no longer contains a requirement that the perpetrator overcame a resisting victim. Instead, in cases of forcible rape, the Code simply requires that the defendant: committed the assault
Since RICO focuses on a pattern of behavior instead of just on the criminal acts that are involved prosecutors find it relatively easy to prove these cases. If an organization is convicted of committing two of the specified crimes within a ten-year period then they can be convicted of racketeering. Legitimate business owners deserve to have protection from groups that wish to pursue illegal activity. The RICO Act was put into
The subchapters tend to follow similar structures, with the punishment in each case being discussed at the very end. Chapter 10 refers to crimes against habitation, notably criminal acts such as burglary or arson. The conditions for a criminal act of this nature to occur are discussed, as well as the different statutes that regulate the legal framework for each of these situations and the punishments applicable. Important restrictions apply
D.). Figure 7 depicts 2006 Florida violent crime statistics; evolving from aggravated assault, robbery, forcible rape and murder. Figure 7: 2006 Florida Violent Crime Rates (adapted from UCR crime statistics, 2008). The 2006 National violent crime rates included: Murder -- 1.2%; Forcible Rape -- 6.5%; Robbery -- 31.6%; Aggravated Assault -- 60.7% Compared to Florida's 2006 violent crime rates, the murder rate and robbery rates and forcible rates are lower; however the aggravated
Hate is in fact moving the modern society away from freedom and democracy, and it is imperative that remedial measures are taken immediately to combat this. (Shulman, 1997) Some of the tools, other than legal options, can be education, and the promotion of social interaction between different groups. However, there are frequent criticisms of the law, stating that it is more 'reactive' than 'proactive', meaning that legal remedies are more