Criminal Law And Procedure The Essay

Length: 3 pages Sources: 2 Subject: Criminal Justice Type: Essay Paper: #68747632 Related Topics: Statutory Rape, Miranda V Arizona, Criminal Procedure, Miranda Rights
Excerpt from Essay :

Here, Y was 13 years old when she had intercourse with D, a 25-year-old man. D is guilty of statutory rape, thus D. is incorrect. The answer would only be different if the state's law allowed for intercourse with a 15-year-old.

2. False imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement (367). Here, X orders Y to go into an isolated alley off of a busy street. X was only five feet into the alley, however, X was brought to the alley against her will and forced to remain until she handed over the money. Thus, Y was falsely imprisoned or kidnapped.

3. Voluntary manslaughter is the act of killing another in heat of passion, self-defense, or while committing a felony (405). Heat of passion is defined as acting immediately after the provocation, without time to cool off (406). Here, X walks in on Y and discovers Y in a passionate embrace with X's best friend F. X then goes the next day to F's house and kills F. In a fit of passion. Additionally, X did not mind that Y and F. were having an affair. Here, F was not the source of X's fit of passion, therefore X did not act in the heat of passion and will be found guilty of a higher degree of murder.

4. Felony murder is defined as the

...

Here, Z was Y's partner and was killed by a police officer during his apprehension. Z would not have been murdered had it not been for Z. And Y committing the crime and Z. fleeing from the police. However, Y had already been arrested for the crime and was being escorted to the police station when Z. was killed. Therefore, Z's death was not directly associated with the robbery.

Part 2

Under the sixth amendment, all people who are arrested have the right to an attorney (296). Under Miranda v. Arizona, it became required that police officers remind a suspect of this right and must end questioning whenever a suspect requests that an attorney be present (338). Questioning cannot continue without the presence of an attorney, or at the clear waiver of this right by the suspect (347). Here, X invoked his right to an attorney. P, however, continued interrogating X, after commenting that he would have to wait a long time for an attorney. After which X confesses. X's right to an attorney was…

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