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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...
Felony murder is defined as the death of anyone as the result of a felony (393). 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 clearly violated, thus the confession cannot be entered into…
Criminal Identification Procedures The dawn of the twenty-first century has become the era of George Orwell's "1984." Technology that was found only in science fiction a few decades ago, is part of today's standards and procedures. The world today is filled with cameras that can film an individual wherever he goes, his cell phone signal can pinpoint his location, and even one glance can reveal his true identity (Shenk 2003). Iris-recognition technology,
Criminal Theory, Procedure, And Constitutional Protections What is Criminal Law? Criminal law is the branch of the legal system that pertains to enforcing penal rules, laws, regulation, and codes that define conduct that is deemed by society to warrant punishment and that outlines the appropriate punishment for that conduct (Friedman, 2005). What Are Ashworth's Five Principles of Criminal Law? Legality, Responsibility, Minimal Criminalization, Proportionality, Fair Labeling (Schmalleger, 2009). What is the Presumption of Innocence? The presumption
Criminal Law Foundations Evaluation Criminal Law Foundations Paper Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of a republic that dictates the roles, responsibilities of different arms of the legal and criminal justice system that ensure social equity and coercion. It is recognizable that each state has a unique political system characterized by "checks and
Criminal law is defined at both the state and federal level of American government. In the United States, "most crimes ...are established by local, state, and federal governments," with the exception of common law crimes ("Criminal Law" 2010). There are some definition of crimes that vary significantly from state to state, but for the most part states confer to the Model Penal Code. Criminal law is the aspect of government
Criminal Law Title and Citation The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (Wermeil) Type of Action It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court in 2013. Currently, the U.S. Fifth Circuit of Appeals is addressing the issues presented by the Supreme Court. As compensation, the plaintiffs are seeking out: monetary damages, a change in the
In the spying story, the FCNL position is that spying on American citizens (tapping phones) without a warrant is illegal. The FCNL article gives visitors to the site the data on which Senators and members of the House voted for and against legislation referring to warrantless wiretapping. "Senate condones warrantless spying program," the headline reads, and the story outlines the 68-29 Senate vote that basically grants "blanket immunity to