Community Service and Robbery

Criminal Procedure Law

This document outlines the proposed criminal justice system. Its aim is to prevent and control crime and criminal acts through punitive measures and penalties to those who violate the set laws. The paper is a suggested criminal justice system for a national jurisdiction, at the federal level. The jurisdiction has a population of about one million people who are equally dispersed in the urban cities and rural areas of the nation. The social and economic status of the residents in this jurisdiction ranges from the very poor to the very rich. The country has its fair share of illegal immigrants and the criminal acts perpetrated in the country do compare throughout all the regions of the country.

Murder/Manslaughter

Murder

Murder is the termination of the life of a human being. The life of a human being starts at the point of conception. Murder is an act committed willingly either with the intent to kill, or the termination of life of the victim.

A person is guilty of murder if he/she;

i. Knowingly or intentionally causes the death of a person

ii. Purposes to carry out an act to cause serious bodily harm and perpetuates an act that is obviously dangerous to the life of a person and results to death of the person iii. Attempt to or perpetuates a felony, that isn't manslaughter, and in the event of perpetuation, or in furtherance to the attempt, or in flight immediately after perpetuation or attempt, an act is committed that obviously is dangerous to the life of a person and results to the death of the person (Adlerstein, 249).

In accordance to this law, within this territorial jurisdiction, a person who is convicted of the crime of murder is liable to punishment by life imprisonment and hard labor.

Manslaughter

Manslaughter is the termination of the life of a human being that is the result of a non-malicious act. Manslaughter is of two types;

Intentional -- this is the death of a person through an act that was intended to cause death and it is committed in an uncontrolled manner. This type includes acts that are committed in the absence of the necessary caution.

Unintentional -- this is the death of a person that is as a result of an act that was not intentioned to cause death. Acts that fall into this type include acts in self-defense and in an accident or incidence where the victim didn't owe the perpetuator the responsibility of care (Miller, 665).

A person if guilt of the crime of manslaughter if he or she;

i. Causes the death of a human being through recklessness

Under this section, an offense is a felony of the second degree. A person found guilty of the crime of intentional manslaughter is liable for punishment by life imprisonment, or imprisonment for a period of time not less than ten years.

For a person found guilty of unintentional manslaughter, the punishment is community service for a period of time not less than five months and not exceeding twelve months (Wechsler, 469).

For this section:

A human being or a person is a living being and the life of this being is considered to initiate at the point of conception, which is typically after the fusion of the egg and the sperm in the womb of a woman.

Death or termination of life is the depravation, cessation, or prevention to access to the elements and processes that support life among them, food and the necessary environmental requirements for children under the age of three months, and medical provision for example, inhaler for asthmatic persons.

Robbery

Robbery is dispossession of another person of his or her possessions, including property, without his or her prior permission either in the short-term or in the long-term, by means of force or fear (Wechsler, 1427).

Within this jurisdiction, a person is guilty of the robbery if; in the course of theft, and with the intention to deposes, and maintain control of a person's their property, she or he:

i. Purposefully, knowingly, or unintentionally causes physical body harm to the victim

ii. Purposefully or knowingly uses threats or predisposes the victim to fear of imminent physical body injury or death.

A crime or offence in this category is a felony of second degree.

Within this jurisdiction, a person is guilty of aggravated robbery if; in the course of committing a robbery he or she;

i. Carries out physical bodily injury that is life threatening to the victim

ii. Shows or uses a deadly weapon iii. Induces physical body harm to the victim or uses threats, or causes fear by talking of probable body harm or death to a person who is;

a. The age of 70 years and above

b. A disabled person (Bubany, 292).

A crime or an offense under this category is first degree felony.

Within this jurisdiction, the person convicted is liable to punitive measures as follows;

A person convicted of robbery is first to return all the stolen property or a sum of money equal to the total value of the stolen property, cover for the damages that were incurred through the loss of the property as well as the costs for the case, pay a fine not exceeding 35% of the total value of the stolen property, and serve a jail term not exceeding five years.

A person found guilty and convicted or the crime of aggravated robbery is to return all the stolen property or pay a sum equal to the total value of the stolen property, cover for damages that might have been incurred because of the theft and cover for the proceedings costs, pay a fine not exceeding 35% of the stolen property, serve a jail term that is not less than five years and not more than ten years. If in the case of aggravated robbery, a person lost his or her life, the punitive measures for murder/manslaughter are to be instituted in addition to those of aggravated robbery.

For this section:

Property is defined as any tangible or intangible possession owned by a person which includes land, anything that can be severed from land, a document which is a representation of a or embodies a valuable thing, and money.

Force is and includes the causation of serious or life threatening body harm to a robbery victim, the display and or use of a deadly weapon, use of threats to a robbery victim or placing a robbery victim or a close relative of the robbery victim or a close-by third party in fear of imminent body harm or death, or a person who is more than 70 years old or a disabled person (Bubany, 292). Any robbery that involves use of force is to be treated as aggravated robbery.

Disability is a physical condition of the body that makes a person unable to protect his or her self from possible or imminent harm and it include physical, mental, and development. A young child is therefore included in this category through developmental disability.

Fear is to include the use of threats or promise of an unlawful infliction of body injury to a robbery victim, to the property being or stolen, to a person who is a close or distance family relative of the robbery victim, to a third-party person in the immediate vicinity with the victim at the time of the robbery.

Assault

Assault is the perpetuation of an illegal act knowingly, intentionally, or recklessly so as to cause or the outcome is body harm to another person including third-party persons related to the intended victim including spouse and or children. It is also an intention to or to knowingly try to or threaten to cause body harm to a person, the spouse of a person, or the children of person. Assault is also to intentionally and or knowingly make physical body contact, or attempt to make physical body contact when the perpetuator is aware, knows, or has reason to believe that the victim with perceive or understand it as being offensive or provocative.

For a person with government authority, and in official duty "covered person," assault is deliberate and intentional prevention, barring, or inhibition of the covered person from carrying out his or her assigned duty or role within his or her operational mandate by use of a deadly weapon, infliction of physical injury, or threatening the covered person, the souse of the covered person, or child or children of the covered person, or a person in the same place with the covered person, for the case of covered persons, the crime of assault is to be considered complete regardless of whether the perpetrator was successful or not. To this effect, the crime of assault is to and shall include pointing a gun, threatening by use of a knife or any other dangerous weapon or would-be weapon item, or the perpetrator makes contact through wounding or beating the covered person or any other persons earlier mentioned.

A person is guilty of an assault crime if he or she;

i. Knowingly, purposely, or recklessly inflicts or causes body harm or injury to another, a person's spouse, child, or a person in the same place with the victim

ii. Knowingly or intentionally uses threats of imminent body harm or injury to a person, his or her spouse, children, or a person in close proximity iii. Knowingly or purposely makes physical contact to another person with the knowledge or clear reason to believe that the other person will consider or perceive or understand it as being a provocation or offensive.

A person found guilty of an assault crime is liable to punishment as follows;

Assault with the intention or purpose to cause murder is to be treated as such -- an assault with the intention to kill and it shall be different from other forms of assault felony. For an assault with the intention to cause murder, the punishment shall be a jail term, a fine not more than $2,000 and hard labor for a period not exceeding fifteen years and not less than ten years.

Assault perpetuated through the use of a weapon if used effectively and successfully would result to death of a person, the punishment is to be a jail term of not more than ten years and not less than five years, hard labor, and a fine of not more than $1,000.

Assault perpetuated by the use of threats to a 'covered' person, the punishment is a jail term of not more then five years or a fine of $2,000 with community service for a period of time not less than six months and not exceeding twelve months.

For this section;

A 'covered' person is an individual who is working, assigned a role or duty by a federal agency or authority and is to carry out or execute or implement that role or duty in line with the set framework as determined by the assigning authority or agency.

Drug possession and sale

It is unlawful within regions and territories under this jurisdiction for any person to purposely, intentionally, or knowingly;

i. Make/develop/manufacture, transport, buy or sale, or possess a controlled substance with the intentions or plans to reproduce, develop, move, sale, or consume.

ii. Manufacture, distribute, or possess a substance that is defined and categorised as a narcotic with the intentions to distribute or sale.

For a person, aged more than 15 years, found guilty and convicted for the development, distribution, possession, or consumption of a controlled or drug substance, the punishment is as follows:

For first time offenders;

Found guilty for the manufacture, possession, or transport of methamphetamine -- 50 grams and above or 250 grams and above of a mixture, marijuana -- 500 kilograms and above or 1000 plants and above, heroin - half a kilogram and above or five kilograms and above of derivates or cocoa leaves, the punishment is a lifetime in jail or a period of not less than 20 years in jail, and a fine of not less than 50% of the total value of the drugs (HEALTH AND SAFETY CODE, § CHAPTER 481).

Found guilty for the manufacture, possession, or transport of methamphetamine -- less than 50 grams or less than 250 grams of mixture, marijuana -- 100 to 499 grams or 100 to 999 plants, heroin -- 10 grams to 499 grams or 1 kilogram to 4.9 kilograms of coca leaves, the punishment is a jail term of not less than 20 years or life imprisonment and a fine of not less than $200,000 USD (HEALTH AND SAFETY CODE, § CHAPTER 481).

Found guilty for the manufacture, possession, and or distribution, of marijuana -- not more than 99 grams or not more than 99 plants, heroin -- not more than 9 grams or not more than 999 grams of cocoa leaves, the punishment is a jail term not exceeding five years or community services for a period of not less than seven months, with mandatory rehabilitation services for either sentence accorded (HEALTH AND SAFETY CODE, § CHAPTER 481).

For second time offender:

Found guilty for the manufacture, possession or transportation of methamphetamine -- 50 grams and above or 250 grams and above of a mixture, marijuana -- 500 kilograms and above or 1000 plants and above, heroin - half a kilogram and above or five kilograms and above of derivates or cocoa leaves, the punishment is life imprisonment.

Found guilty for the manufacture, possession, or transport of methamphetamine -- less than 50 grams or less than 250 grams of mixture, marijuana -- 100 to 499 grams or 100 to 999 plants, heroin -- 10 grams to 499 grams or 1 kilogram to 4.9 kilograms of coca leaves, the punishment is life imprisonment, or a jail term not less than 20 years with a fine of not less than $200,000 USD.

Found guilty for the manufacture, possession, and or distribution, of marijuana -- not more than 99 grams or not more than 99 plants, heroin -- not more than 9 grams or not more than 999 grams of cocoa leaves, the punishment is a jail term not less than seven years with a fine of not less than $200,000 USD, and mandatory rehabilitation services.

For an offender aged 15 years and below living under the care of a parent of a guardian, found guilty to have KNOWINGLY AND INTENTIONALLY engaged in the manufacture, possession, or distribution of controlled substances or drugs, the punishment is as follows:

For first time offender;

The punishment is a jail in a juvenile prison for a term not exceeding ten years, or a fine of not less than $200,000 USD, or community service for a period of time not less than 12 months, with mandatory registration to a drug abuse rehabilitation centre for whichever sentence accorded. This is to apply for all the above drug load classification above.

For second time offenders

The punishment is a jail in a juvenile prison for a term of not less than seven years with a fine not less than $500,000 USD, a fine of not less than $700,000 USD with community service for a period not less than twelve months, and a mandatory registration and completion of drug abuse rehabilitation services for whichever sentence is accorded, regardless of the various levels of drug load categories made earlier above.

For this section;

'Manufacture' is the production, preparation, propagation, compounding, processing, or mixing of a known drug or other substance directly or indirectly, or by extraction of a substance from its natural form, or independently through chemical means of through combination of chemical and extraction processes. It also includes packaging, repackaging, labeling of a drug or other substances as per established federal, state, or local law.

Marijuana includes all part of the Cannabis Sativa L. plant, whether it's grown in the farm or not, the seeds, the extracted resin, and every other compound manufactured, derivatives or mixture.

Possession of weapons

Within territories and regions within this jurisdiction, it is unlawful to;

Own, possess, or carry a firearm, knife (regardless of the type), sword, metal knuckles, and/or any other form of weapon or instrument, and use such weapon(s) against another person intentionally causing harm.

Own, possess, or carry a gun or rifle and any other form of a firearm or any other deadly weapon by a person previously convicted of a serious offence or felony.

Own, possess, or carry a weapon or other deadly instrument by an individual who is not a citizen of this jurisdiction, or a person who is certified as unsuitable for the possession or carrying of such a weapon or deadly instrument, for example, for medical reason including persons suffering from unstable mental health.

Purposely, knowingly, and intentionally own, possess, and carry a bullet or an explosive device meant to explode upon impact and with the intention to use it in harming a person(s).