voluntary and involuntary manslaughter?
Voluntary manslaughter refers to a situation where the defendant committed an unlawful homicide with criminal intent or malice aforethought, while involuntary manslaughter refers to a scenario where a defendant has committed an unlawful homicide but without the requisite criminal intent. Instead of malice, the intent required for involuntary manslaughter is either recklessness or criminal negligence. ecklessness involves a blatant disregard for the dangerousness of a situation. Criminal negligence can encompass a wide variety of scenarios, but basically involves either extreme carelessness or incompetence. In fact, criminal negligence can be very fact-specific, because the carelessness or incompetence of a defendant may depend largely upon that defendant's personal background. For example, professionals are held to a different standard than non-professionals. The Court of Criminal Appeal determined gross negligence involuntary manslaughter involved a defendant with a duty to the deceased, a breach of that duty, the breach of the…… [Read More]
The benefit of creating the term at this point is that lawmakers and prosecutors and defense lawyers will all be aware of the growth of the term as it moves through the judicial birth canal and is delivered in its full meaning, with all its parts in working order and ready to be tested at trial.
Draft Corporate Manslaughter Bill
Important as the corporate manslaughter bill is to many people, it seems to receive much more talk than action. In 2005, Prime Minister Tony Blair promised to make the corporate manslaughter bill a priority, and that they would ensure it reached the statute books by 2007. The bill itself provides some of the parts need to make the overall concept of corporate manslaughter work, such as providing definition to certain corporate figure, like who is a Chairman, Managing Director, Chief Executive or Secretary of the Company. The Bill makes possible…… [Read More]
homicide, according to the New York Homicide Statute, that the defendant Olive Oyl can be convicted of is 1st Degree Manslaughter (125.20). The element of this offense is that the defendant exercised the intent to cause serious physical injury to the victim Bluto when she gave a severe blow to the latter's head with a piece of lumber. The penalty for this offense is to serve between a minimum of 5 and a maximum of 25 years in jail.
The 2nd Degree Manslaughter (125.15) offense does not apply here because the defendant did not recklessly behave in causing the victim's death. Her action indicates that by reaching for the piece of discarded lumber, she had the clear intent of harming the victim. However, she did not have the intent to kill him, only to hit him just enough so as to force him to stop beating up the third person…… [Read More]
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 during the course of certain specified felonies (N.J.S.2C:14-2(a)(3); was armed or seemed to be armed (N.J.S.2C:14-2(a)(4); acted with another and used physical force or coercion N.J.S.2C:14-2(a)(5); used physical force or coercion N.J.S.2C:14-2(a)(5) and -(1); the victim is physically or mentally incapacitated N.J.S.2C:14-2(a)(7). Therefore, the Code names a variety of situations where sexual intercourse between a victim and a defendant is rape, without evidence of any type of coercion.
Maria, a single mother, goes on her third date with John. They return…… [Read More]
difficult conflicts anyone in the legal profession can experience is a conflict between ethics and the obligation to zealously represent one's client. No where is this tension more apparent than in a situation where one obtains privileged information belonging to the opposing party. here are three options facing a legal professional confronted with such a situation; using the privileged information without notifying the opposing party how it was obtained, notifying the court and opposing counsel that privileged information has been obtained and that one intends to use it, or not using the privileged information. None of the solutions is perfect, but only one solution allows a paralegal to reconcile ethical obligations with the duty to zealously represent the client; informing the court that privileged information has been obtained and will be used.
If a paralegal uses the privileged information without informing the opposing party of their mistake, the paralegal has…… [Read More]
People of the State of California v. Conrad obert Murray
The involuntary manslaughter trial of Michael Jackson's personal doctor, Conrad Murray, was in the news seemingly every day for months. Even though the trial has concluded and the world knows that Dr. Murray was found guilty, it is important to look at the court proceedings and how the evidence led the jury to that verdict. Dr. Murray administered a powerful drug called propofol - an anesthesia drug that is only supposed to be used in closely monitored hospital settings - to Michael Jackson to help him sleep.
The argument by the prosecution was that Dr. Murray did this even though he knew the dangers, and that he administered too much of the drug to Jackson, resulting in a fatal overdose. At that point, Murray did not act quickly enough in calling the paramedics and did not do enough to save…… [Read More]
father's death and her father requesting that treatment be accorded him so that he speedily is delivered from his pain, Ms. Wolf is faced with the dilemma of whether or not to accede. Always a staunch opponent of any euthanasia-assisted program, she realized that the choice was not so simple and that sometimes suicide or euthanasia exists in the gray zone.
Ultimately, nature, as she puts it, helped her out and her father lingered on long enough to enjoy his last remaining moments with her and die comfortably and at peace.
In those last few hours, she sang to him, reminisced about his time with her, they shared loving and tender recollections (he moved his jaw three times inferring that he loved her); the father had a chance to see his other loved ones and his death was more of a closure. More so, during that period of time, he…… [Read More]
For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.
Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…… [Read More]
If any of the above are present, or if family members concur that the deceased was significantly depressed it is important to consider the death for evidence of final exit suicide instead of a homicide.
First Degree Murder
An investigator would rely on one question to determine whether to charge someone with first degree murder or with manslaughter. Did the killer decide to kill, and then act on that decision resulting in the victim's death?
If a person was in a club and someone bumped into him and he angrily hit the man in the head with his beer bottle and the man died, that would be manslaughter, because the man committing the act did not plan to kill anyone when he entered the club that night and he didn't think through the moment he reacted.
A difference scenario would be if the man found out his wife was having…… [Read More]
In America, the right to a speedy trial is guaranteed inside the Constitution. The case involving the man arrested for manslaughter and jailed for six months brings into question if these protections are being practiced. To fully understand what is happening requires focusing on: the factors the judge should take into consideration when arriving at a decision, if the press has a right to be present during trials and the problems with allowing television cameras inside the courtroom. Together, these elements will highlight the how this provision is applied with changes in technology and the way laws are interpreted. (Vile, 2003)
What factors do you think the judge should take into consideration when trying to arrive at a decision on how to ensure the defendant's right to a public and speedy trial?
During the deliberations, the judge should consider the facts of the case if there is some…… [Read More]
The petit theft of the second degree charge will stand as well. Larceny in old common law was classified as compound or simple. Simple larceny was called grand larceny when the value of the stolen property was more than 12 pence, and petit (petty) larceny when the value was less. Compound larceny was the taking and carrying away of property from the person or house of the owner. In the U.S. today, the various criminal codes of the states generally define larceny and classify it as either grand larceny or petit larceny. Under these codes, property is stolen and larceny committed when, with definite intent to deprive oneself or a third person, one wrongfully takes, obtains, or withholds such property from an owner of it. In New York State, for example, grand larceny is classified as a felony. It is characterized as first-degree if the property is obtained by extortion…… [Read More]
Euthanasia Is Illegal
Euthanasia otherwise known as assisted suicide refers to the painless extermination of a patient suffering from terminal illnesses or painful or incurable disease. According to Cavan & Dolan, euthanasia is the practice or act of permitting the death of hopelessly injured or sick individuals in a painless means for the purpose of mercy (Cavan & Dolan 12). The techniques used in euthanasia induce numerous artifacts such as shifts in regional brain chemistry, liver metabolism and epinephrine levels causing death. Advocates of euthanasia trust that sparing a patient needless suffering or pain is a good thing. If an individual is hopelessly hurt or ill with no hope of ever getting well, if such a person is in an unending and unbearable pain and cannot experience the things that make life meaningful, the best option for such patients is euthanasia. Euthanasia raises questions on morals, legal and essence of…… [Read More]
Louise oodward, 2008).
oodward's legal team filed motions after her conviction to the trial court for which a hearing began on November 4th. In the days following the verdict it came out that the jury had been split about the murder charge, but those who had favored an acquittal were persuaded to accept a conviction. This fact was of no legal consequence, however. On November 10th, at a post-conviction relief hearing, Judge Hiller B. Zobel reduced the conviction to involuntary manslaughter, saying that the circumstances in which the defendant acted were characterized by confusion, inexperience, frustration, immaturity and some anger, but not malice in the legal sense supporting a conviction for second-degree murder. He also said that he thought that allowing this defendant on this evidence to remain convicted of second-degree murder would be a miscarriage of justice (Commonwealth of Massachusetts v. Louise oodward, 2008).
oodward's sentence was reduced to…… [Read More]
Infanticide in Australia
Infanticide is the act or practice of killing newborns or infants. It has been committed or performed in every continent and in every level of culture from the poorest hunters and gatherers to the richest and most advanced classes of people and from the time of our ancestors to modern age (Milner 1998). The act or practice has been so rampant that there is enough evidence on record to show that it has been more the rule than an exception and this evidence reflects that parents themselves kill their infants under distressing and stressful situations. The practice or act was so frequent in England in the 19th century that both the medical and the private communities had to think of ways to control the crime (Milner) described by medical practitioners as savage in a contradiction to human progress.
But infanticide is not a modern creation. It was…… [Read More]
Biddle v. Commonwealth and Davis v. Commonwealth are two cases that portray different interpretations and application of the law with regards to imputability in criminal law. These cases provide a different view of an individual's responsibility with regards to the level of care or responsibility for a parent than for a child. An analysis of the court ruling in each of these cases helps in understanding the required level of care or responsibility. This is primarily because the court decisions were based on the level of legal duty imposed by law on the parties. Even though the cases are relatively similar, there were differences in the rulings because of the differences in the legal duty of the parties involved.
Overview of the Cases
In Biddle v. Commonwealth, Shirley Mae Biddle was charged with first-degree murder of her baby on the premise that the baby was malnourished, dehydrated and had not…… [Read More]
When the Truth Takes a Stretching Class
Maria Bailey clearly and blatantly misrepresented the size of her start-up business, but shrugged it off saying she knew what she was "capable of doing" and just wanted to show potential clients "what we were going to be," rather than tell them the truth about how fledgling her business actually was at that time.
Was it immoral for Mary Bailey to misrepresent her company?
Looking at the "consequential" side of her decision to fudge the truth about her company, moral decisions are made based upon what the consequences of the action will be. The results of her action actually could have several consequences. The one first and pivotal consequence Maria hopes will happen, of course, is that the fact of her deciding to embellish the truth about the size of her company will bring potential customers into her business start-up Web…… [Read More]
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 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…… [Read More]
Human Error and isk Taking
When a new ship is built and has a lot of imagination built into it, the quality that is ascribed to the ship is that it is unsinkable. This was said of the Titanic: "The captain can, by simply moving an electric switch, instantly close the doors throughout, practically making the vessel unsinkable." (They Said It. Some Memorable Lines) This was reported in Irish News and Belfast Morning News, June 1st, 1911, on the incomplete Titanic. (They Said It. Some Memorable Lines)
It is very difficult to say why accidents are found to occur as the definition of accidents itself is that they are events out of the ordinary and dictionary alternatives for accident are considered to be disaster, catastrophe, misfortune, calamity, mishap and mistake. At the same time, it is to be understood that people have their own minds and have their judgments, and…… [Read More]
lackstone with Washington Criminal Code
The American legal system derives almost entirely from the ritish common law system. That is why, in America, if there is no precedent for a particular set of facts at trial, the court will look to common law from centuries before America even existed as a nation.
The similarities are even more noticeable in criminal law than they are in civil law. The homicide passages in lackstone's descriptions of the law, for instance, are strikingly similar in many ways to the homicide paragraphs in the Washington Criminal Code.
lackstone divides homicide into three separate branches: justifiable homicide, excusable homicide and felonious homicide. All three are the "killing of any human creature," but there are significant differences between the three, according to lackstone. (lackstone, 71)
Justifiable homicide can be due to necessity (a public official putting a felon to death as prescribed by the law, for…… [Read More]
criminal law. A comprehensive research, primary and secondary, was conducted in order to gather relevant information about crime, criminal law and crimes against a person. This study can help understanding the mechanism that deals with the criminal law.
Crime is an integral part of the everyday life and is a salient fact in today's world. In the opinion of public as well as the scholars, crime is usually linked with violence and harm to societies and individuals, destroying the property and degrading the respect of individuals, societies and institutions. It is quite obvious that we are facing problems in describing the nature of crimes and are unable to understand the works of many scholars on this subject. The basic question is "What is crime?" there are a number of answers to that, some are supporting each other while some are contradictory to each other. There is a strong need to…… [Read More]
He admits that he killed her but he states that it was an accident. In an event in which the result is death the defense of involuntary manslaughter is available if the defense can show that it was not an intentional killing.
He also used a partial wrestling defense. He was not allowed to use a complete wrestling defense because the professional wrestlers who were asked to testify to the moves that Tate had seen on television and how they were done refused to testify. The judge did not order them to testify but did allow tapes to be shown of the moves that Tate said he performed on his friend.
Tate's attorneys could have also used a manslaughter defense. Manslaughter can be used when a death occurred, the defendant knew that his or her actions might cause injury but they were not anticipating a death.
In the case of…… [Read More]
In recent times, no court case has attracted as much attention as that of George Zimmerman. In this text, I summarize the most significant facts of the said case and explore the key laws that were violated. Further, amongst other things, I will also summarize the outcome of the case and my opinion on the outcome.
The State of Florida vs. George Zimmerman
The Case in Brief: A Summary of Important Facts
Charged with second-degree murder in one of the most publicized court cases in recent times, George Zimmerman was on 13 July declared a free man after the jury deemed it fit to render a not guilty verdict. The charge in this case stemmed from the shooting to death of an individual by the name Trayvon Martin. Pursuant to the said shooting, the state charged that Zimmerman stalked and shot at Martin who was unarmed at the…… [Read More]
Dolores Claiborne, directed by Taylor Hackford [...] abuse and victimization as portrayed in the movie, and determine if murder is a justifiable action in the context of a domestic violence situation. Domestic violence is an enduring problem in our society, and this film graphically shows how horrible abuse can be, and how people react to it differently. Some make themselves victims, and some stand up to the abuse. Domestic abuse is never right, and neither is murder, but sometimes, murder is the only way to protect oneself from an abusive situation.
Dolores Claiborne" is a disturbing film about the after effects of domestic abuse and victimization, and both leading women in the film are clearly suffering from living and growing up in a dysfunctional family. Dolores is not a "nice" woman at all, "Sometimes being a ***** is the only thing a woman has to hang onto in…… [Read More]
esearch also showed that offenders tend to be part of or return to communities with high concentrations of offenders. The concentration of offenders in these neighborhoods affects the community negatively by increasing the stigma associated with the community and also saddling the community with additional problems without providing added resources needed for restoring or maintaining order. The ultimate consequence is the that the criminal justice system destabilizes informal networks of social control and increases poor attitudes towards formal social controls, both of which have been shown to contribute to increases in crime and disorder in the communities. Churning results in unnecessary pressure being put on the other residents of the communities who are law-abiding in disadvantaged communities. The removal of men from the community through incarceration has the chilling effect of changing the family's socio-economic structure. The families of incarcerated members, especially men, of the community also face stigma and…… [Read More]
Rodgers, Jr. (Rodgers, 2006). The "no contest" plea, said Rodgers, will "…alleviate the victims' families and broader community from being subjected to an emotional reliving of the tragedy at trial."
Moreover, the judge said the "no contest" plea actually means that the defendants (Jeffrey Derderian and Michael Derderian) accept responsibility for installing foam in the club that was not fireproof. The Rhode Island Fire Code requires fireproof insulation and foam for buildings like the club in question.
Duval, Robert F. (2006). NFPA Case Study: Nightclub Fires. National Fire Prevention
Association. Retrieved July 20, 2010, from http://www.nfpa.org/assets/files//PDF/Research/case_study_nightclub_fires.pdf.
Madrzykowski, Daniel, Bryner, Nelson, and Kerber, Stephen I. (2008). The NIST Station Night
Club Fire Investigation: Physical Simulation of the Fire. National Institute of Standards and Technology. Retrieved July 20, 2010, from http://www.fire.nist.gov/bfrlpubs/fire08/PDF/f08033.pdf.
Parker, Paul Edward. (2007). Tally of a tragedy: 462 were in The Station on night of fire.
The Providence…… [Read More]
But just because they had no intent to hurt anyone does not mean that their actions did not contribute to the hurting of another.
After looking at all of the facts that were presented in both of these cases a reasonable person sitting on any jury would have to conclude that the defendants were guilty of contributing to the deaths of the victims. Their deliberate actions led to both accidents and thus all deaths relating to those accidents. The defendants in both of these cases were all over the age of 18 and should have been aware that their actions could lead to serious harm or even death of another person. Just because they were out having fun and did not intentionally mean to hurt anyone should not excuse them from the fact that their actions did lead to deaths, and for these reasons they should be held accountable and…… [Read More]
Women Who Kill Their Abusive Spouses
In the last several decades, criminologists and social scientists have begun to pay a greater attention to cases of battered women who kill their abusive spouses. Many of these women who kill their husbands claim they do it to defend themselves. Nevertheless they are often convicted of manslaughter and sentenced to imprisonment. Until recently, battered women were viewed by the public as either "mad" or "bad" (Noh, Lee, & Feltey, 2010) who should be punished as murderers. But lately scholars have begun to argue that killing an abusive spouse must be justified in extreme cases and codified in the law (Ewing, 1990). This paper is of the opinion that women who kill their abusive spouses should have the right to defend themselves in the court before any verdict is issued.
According to legal systems of most civilized nations, self-defense is justified when one is…… [Read More]
There has been an increasing knowledge and awareness of violent crime among children today; those under the age of 18. There are various crimes that these individuals tend to commit. Distinction and discussion of these types of crimes, as well as the causes and reasons for the characteristics of violent and nonviolent crimes that children commit will be discussed. The concept of charging minors as adults will be discussed, as well.
First of all, a few of the most common various crimes, violent and non-violent that children tend to commit and their descriptions are among the following:
Murder/non-negligent manslaughter -- Murder and non-negligent manslaughter is the willful killing of one human being by another. This does not include deaths caused by negligence, attempts to kill, suicides, accidental deaths, and justifiable homicides. Manslaughter by negligence is the killing of another person through gross negligence. Traffic fatalities are excluded.…… [Read More]
Murder Trial of Nicholas Lindsey, March 2012
Factual and Procedural Background
On the evening of February 21, 2011, Police Officer David Crawford of the St. Petersburg, Florida police department was fatally shot while investigating a report of a suspicious person or prowler in a residential neighborhood. After a 24-hour search expedition, police arrested and booked 16-year-old Nicolas Lindsey on charges of first-degree murder. Lindsey confessed to the killing in a taped statement to police shortly thereafter.[footnoteRef:-1] [-1: http://articles.cnn.com/2011-02-23/justice/florida.officer.shot_1_police-officer-fatal-shooting-petersburg-police-maj?_s=PM:CRIME]
Lindsey was arraigned in court the next day, and the judge ordered that he be held in custody without bail. A grand jury which convened the following week indicted Lindsey on first-degree murder of a police officer, whereupon the state Attorney General charged Lindsey as an adult based on the seriousness of the offense and that he was over age 14.
Jury selection began on March 19, 2012 and the jury heard…… [Read More]
Court Proceedings Experience
year-old Nicholas Lindsay was charged for the murder of Officer David Crawford. esides Lindsay's own confession to the murder, there is no other evidence that he committed the murder. Lindsay made this confession at the urging and in the presence of his mother, without a lawyer present. He told the police officers that he shot David Crawford after being apprehended by Crawford.
The official police report stated that, after apprehending Lindsay, Crawford was reaching for his notepad when Lindsay pulled out his own handgun and shot him five times in the chest. Hence, Lindsay was arrested and charged for murder. The prosecution, which included the State Attorney, decided to prosecute 16-year-old Lindsay as an adult.
Lindsay was indicted on the count of Murder in the First-Degree, which is defined by Florid State law as "The unlawful killing of a human being perpetrated from a premeditated design…… [Read More]
Crimes Committed Against Persons in the United States
The United States is one of the world's super powers. Like any other country, it experiences the challenge of crimes committed against people too. The FBI has shown that the rate of violent crimes committed in the US has been declining for the past two decades. Violent crimes can be classified into types that include rape, murder, aggravated assault, and robbery. Statistically, the rate of crimes committed to people in 2016 decreased by 1.1% when it is compared with those reported in 2015. The rates of crimes against people vary across regions. For example, the FBI reports that in 2016, there was a positive change in the rate of 2.0% in murder cases in Northeast region and 1.2% in Midwest (Federal Bureau of Investigation). Therefore, this research paper examines the different types of crimes committed against persons in the US, their characteristics,…… [Read More]
For instance, in America an individual might be in waiting death for quit long time, over 10 years, perhaps waiting the result on appeals put forward. Such a person would have high chances of evading capital punishment especially if well connected and is white and affluent without considering the crime weight. In fact, studies indicate that in America white convicts are mostly legally bound to capital punishment for severe murders and have high probabilities of escaping punishment ("Capital Punishment," n.d.).
It is also important to understand offenders as human beings have life and are bound to various emotions like other normal people. Many will agree that there will not be a compassionate way of killing a person despite the saying of the law. All executions cause suffering to the convicts not mentioning the fact that if one understands that he/she is getting a death sentence would definitely terrify one.
In…… [Read More]
Euthyphro then offers the third definition, derived from the second one:
I should say that what all the gods love is pious and holy, and the opposite which they all hate, impious.
Socrates then replies with the creation of a dilemma -- would the things and people be considered pious because they are loved by gods, or would the gods all love them because they are pious. After a deeper process of thought, Socrates himself defines piety as a species of the genus 'justice, but Euthyphro insists on defining piety based on what the gods like. Piety is eventually described as knowledge and prayer, to the benefit of the gods (Plato).
It is often argued that ethics has its origins in religion, which means that whenever an individual is facing a moral dilemma, they would be able to find the answer in invoking the Divinity. Nevertheless, religion is often conflicting…… [Read More]
In 1993 there were 155,704 recorded crimes of burglary and of these 20,200 were residential burglaries. Since the mid-1970s the level of recorded burglaries has fluctuated around a level of 130,000 to 150,000 crimes per year although during the three last years, 1991 to 1993, the level has been close to 155,000. The number of recorded car thefts in 1993 was 61,141 and of these 18,300 were attempts. During the 1980s the number of recorded thefts of cars has doubled from 34,301 in 1980 to 69,003 in 1989. However, in the last three years this crime has decreased from roughly 70,000 in 1991 to roughly 61,000 in 1993.
Drug offenses. In 1993, 40,700 violations of the Narcotic Drugs Act were reported to the police. This figure is 40% higher than in 1990. Due to the method of counting drug offenses and the fact that this is a crime category highly…… [Read More]
Further, an argument could also be made that the act did not occur at night. Although "daylight was waning" it was not yet actually nighttime when it occurred. Finally, a defense can be made as to the intent to commit a felony element. From the facts given, their intent was to enter the cabin to dry off and warm up. Unless it can be proved that their intent was to steal the dry pasta, this element will fail. If all six of the elements of burglary are not proved, then the defendants are not guilty of the burglary charge.
Another possible defense available to the defendants is that of justification. If they can show that their actions were justified in light of their situation and that there was no other reasonable alternative to the breaking and entering, then they have a valid defense against the charge.
Question Four: Was Pierson…… [Read More]
Many people using illicit and illegal drugs often have no impulse control and may turn violent or to another form of crime. Once an individual's mind is altered from the constant use of drugs, he or she will often steal, lie, and cheat to make the next dollar to obtain more drugs.
Many people could share family related drug stories that have led to criminal activities. About 10 years ago, several acquaintances under the influence of cocaine robbed a pharmacy and stole thousands of narcotics. The man and women then stole a car and cocaine from a dealer and drove across the country; several days later they were both apprehended and sent to jail for a long time. This example illustrates that one impulsive behavior after another can lead to a series of crimes committed. Freud's Psychoanalytical Theory offers a rationale to why individuals would use illegal drugs -- impulse…… [Read More]
attended a county Criminal Court proceeding to hear how a defendant would plead in the charges against him. The defendant was a white male in his early-thirties, arrested on manslaughter and DUI. The defendant entered the courtroom wearing an orange jumpsuit and bound by chains on his ankles and wrists. He was accompanied by a bailiff and joined his public defender at a table. The court session was brief. The judge called the hearing to order. The prosecutor told the court that the defendant is charged with manslaughter in the death of an individual in an automobile accident. He was also being charged for driving under the influence of alcohol. The prosecutor further proceeded to explain that this was the defendant's third DUI charge, and "unfortunately resulting in the death of an individual." The judge asked how the defendant pleaded to the charges. Both he and his public defender rose.…… [Read More]
On a Tuesday in 2000, an Air France Concorde supersonic jet crashed. The disaster resulted in the death of 113 people. In addition to the casualties from the flight itself, the Concorde crash left a major dent in aviation history. The crash was not like any other airline crash. This crash resulted in the entire dismantling of the Concorde program, which had been one of the most romantic eras in aviation history. Since 1969, the Concorde had been dazzling onlookers and aviation buffs. Its characteristic downturned nose made the Concorde unique, and it was the only commercial airline ever to fly supersonically.
What went wrong on that fateful day in 2000? It took ten full years to find out, and it appears that some mystery surrounding the Concorde crash still remains. In 2010, a French court ruled that Continental airlines were to blame for the Concorde crash. The verdict…… [Read More]
Casey Anthony Trial
The murder trial Florida vs. Casey Marie Anthony turned into a national sensation because of the alleged attempt by 25-year-old Casey Anthony to cover up the murder of her own 2-year-old daughter, Caylee Anthony (Alvarez, 2011). On July 5, 2011, after nearly six weeks of courtroom testimony and just 11 hours of deliberation, the jury found Casey Anthony not guilty. The prosecution's failure to convince the jury of her guilt was widely perceived to be the result of the circumstantial nature of the evidence presented at trial.
Casey Anthony had initially blamed the disappearance of her daughter on a kidnapping by a babysitter called Zenaida Herndandez-Gonzalez (Lohr, n.d.), but a series of lies, a month-long delay before contacting the police, a nonexistent babysitter with that name, and reports of partying since her daughter went missing, helped the prosecution cast Casey as a mother capable killing her own…… [Read More]
hypothetical criminal case, and deal with the following concepts in relation to it: mens rea, actus reus, mistake of law, and mistake of fact. It will present arguments in defense of the client (to prove why he mustn't be prosecuted), and vice versa. Lastly, the paper will also debate on how this particular case ought to be judged.
Johnny Juneau, a recluse aged 57 who resided in a hut in the forest, led an ordinary life. The kindly and good-hearted Johnny, however, had a highly mistaken outlook of life. All his friends deemed him to be retarded; Juneau last had a job in the year 1978, from which he was dismissed when he fixed the oven, in the restaurant wherein he was serving as a waiter, to spurt flames 12 feet high. Juneau claimed to be only helping, as he felt his workplace's efficiency would increase with a…… [Read More]
Erik Kramer Story
Erik Kramer is a man that has been surrounded by a major tragedy and has himself been majorly tragic. Between the drug-related death of his son and his attempted suicide that may or may not be tied to head trauma induced during his time in the National Football League, Erik Kramer is a man that is obviously very tortured and may not be acting under his own devices. The burning question is whether he is more like Chris Benoit in that his mind and his faculties are leaving him or if there is any hope for Kramer after the tragedy, trauma and pain he has endured for much of his life. He is a hero in the sense in that he is the only man to win an NFL playoff game for the Detroit Lions since the 1950's but so much of the rest of his life…… [Read More]
State v. Stark (1992)
Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary procedure, Stark was taken through counseling sessions to make him aware of the risk involved in handling HIV. He was informed about the risk of the disease spreading and the importance of making his partner aware before having any sexual escapades with her. However, he disregarded this advice and this came to the knowledge of the county health officer who sought a cease and desist order as allowed by the state statute. Stark did not comply. The officer then asked for judicial enforcement and later filed a police report about the matter.
The police obtained evidence in form of testimony from the three victims who confirmed that they…… [Read More]
It is considered to be a pandemic by the World Health Organization, and has, since 1981, killed more than 25 million people worldwide (United Nations).
In most of the world, HIV infection is more prevelant in the heterosexual population, especially Sub-Saharan Africa. In the United States, however, it became known as the "Gay Plague" due to its initial discovery in the homosexual population, the lack of condom use at the time, and the predominance of anal sexual activity. Unforrtunatly, HIV / AIDS also carries with it ostracism, rejection, and discriminiation. This stigma-related violence or the fear of violence prevents a number of individuals from seeking HIV testing, receiving their results, securing treatment, or even turning what would normally be a managable chronic illness into something that is dire and a death sentence -- as well as perpetuating the disease -- all because of misguided bias (Ogden and Nyblade)
Cultural Issues…… [Read More]
hen their state of denial lifts, they are often wracked with remorse for what they've done.
The final circumstance that Resnick lists is uncommon but not unheard of among mothers who kill their children: spousal revenge. Though this is rare among women, one recent case that highlights it is the case of an Ontario mother, Elaine Campione, who drowned her two daughters in the bathtub, allegedly to keep her ex-husband from getting custody and to inflict intense suffering upon him. She even made a video only minutes after the murders, asking her ex-husband if he was "happy now" (CTV News 2010).
ith all of these circumstances potentially leading parents, especially mothers, to murder their children, legal prosecution and defense of these cases can be difficult -- at times, heart-wrenching. In the cases of mothers who have killed their children, the great majority of the defenses center around pleas of insanity.…… [Read More]
Part 4 -- Just War and Iraq -- it can be very difficult to define intangible philosophies or actions that are both part of the human psyche and that seem obvious. One of these such intangibles is war. What is war? Each historical period has added a new meaning to the word, but the essence of it still remained the same. War is always associated with terror, cruelty and unhappiness. There are really five elements that allow a just war: cause, authority, intention, hope for success, and proportionality. Without becoming too cynical, most scholars would probably agree that the first Iraqi war was Just but the second, under Bush II, was not. There were clear distinctions. In the first, Iraq invaded a soverign country, Kuwait, who asked for aid and protection; in the second, data was never fully disclosed as to the infamous weapons of mass destruction, and later found…… [Read More]
Id. At 118. Additionally, refraining from attacking another party's reliability, but instead, reducing risks and praising honorable activity will help to engender an incentive for the other party to develop trustworthiness. Id. At 119-21. According to the authors, "people are more likely to behave reliably if they know their reliability is appreciated." Id. At 121. However, the authors stress that one must not place trust in an individual when it is unwarranted.
In contract law, as in relationships, coercion takes away an individual's free will and thus negates formation of an agreement (since an agreement requires a meeting of the minds). In negotiations, coercion may in the short-term get the opposition to succumb to one's demands, but will negatively impact any future relationship. The authors focus on the importance of persuading the opposition instead of coercing them to action. Persuasion tactics differ from coercion in that they (i)…… [Read More]
Even proponents of medical legalization concede marijuana cannot cure or even alleviate the symptoms of MS or glaucoma, merely act as a narcotic. True, other narcotics exist on the market today -- and like marijuana, they are also addictive. Whether they are more or less addictive than marijuana remains uncertain, but advocates say the chronically ill should be able to choose what works best for them while opponents say only tested, carefully titrated drugs should be used as palliatives.
Weighing the rights of the sick with marijuana's long and short-term side effects is a delicate balance. When marijuana is smoked, users often suffer similar short as well as long-term problems to those of regular smokers, including a smoker's cough and breathing problems. In fact, "marijuana smoke contains 50% to 70% more carcinogenic hydrocarbons than does tobacco smoke" (Legalization of marijuana, 2010, Legalization of marijuana). The active agent in marijuana, THC,…… [Read More]
Yet, one should take into account a cetain pat of the statement, egading the status of the victims. The expession "low net woth people" must not, by any chance and even if it's the case of citing an authoity, appea in an aticle. No matte the status and the position of a peson in the society's hieachy, life is the most valuable good one has and has the same impotance fo all pees.
In geneal, the aticle can eceive a positive eview. It is objective and the case is clealy exposed, it does not contain ielevant pieces of infomation and it does not insist on mino details. The lack of desciption fo potagonists leads to ceating no peconceptions. Futhemoe, media does not oughly exploit the stoy. One can not assume thee is sensitiveness in naating the case, but as mentioned befoe, the aticle elies on objectiveness. Howeve, the only aspect…… [Read More]
From 1990-1993, prior to three-strikes, the CCI dropped a total of 2.4%. From 1994-1997, post three-strikes, the CCI dropped 30.8%. For violent offenses the decrease was 27% post three-strikes vs. An increase of 7% from 1990-1993 (eres and Griffith 106).
However, some argue that the drop in the crime rate actually began in 1993 with a significant drop before any impact from three-strikes. This does not imply that the huge drop in the crime rate post three-strikes was not due to that legislation. And it cannot be doubted that three-strikes definitely had a significant impact on the crime rate drop. However, other factors may have initiated the drop in crime in 1993, which also impacted the bigger drops after three-strikes. A booming California economy during that same time period is one explanation offered.
Similar Laws in other States?
Twenty-eight states have three-strike laws. Most are "similar" to California's. However there…… [Read More]
Figure 7 depicts 2006 Florida violent crime statistics; evolving from aggravated assault, robbery, forcible rape and murder.
Figure 7: 2006 Florida Violent Crime ates (adapted from UC crime statistics, 2008).
The 2006 National violent crime rates included: Murder -- 1.2%; Forcible ape -- 6.5%; obbery -- 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 assault rate is higher (Uniform Crime eports, N.d.).
Figure 8 depicts 2006 Florida property crime rates; evolving from burglary, larceny theft and vehicular theft.
Figure 8: 2006 Florida Property Crime ates (adapted from UC crime statistics, 2008).
The National 2006 property crime rates included: Burglary rate -- 21.9%; Larceny theft rate -- 66.2%; Vehicular theft rate -- 11.9%; Compared to Florida's 2006 property crime rates, the vehicular theft rate is lower; however the burglary rate and larceny…… [Read More]
On the threshold of the Civil Rights movement, Baldwin would publish
Notes of a Native Son. Though 1953's Go Tell It On The Mountain would be
perhaps Baldwin's best known work, it is this explicitly referential
dialogic follow-up to right's
Native Son that would invoke some of the most compelling insights which
Baldwin would have to offer on the subject of American racism. This is,
indeed, a most effectively lucid examination from the perspective of a
deeply self-conscious writer enduring the twin marks in a nation of
virulent prejudice of being both African American and homosexual. The
result of this vantage is a set of essays that reaches accord with right's
conception of the socially devastating impact of segregation on the psyche,
conscience and real opportunity but also one that takes issue with the
brutality of Bigger, a decidedly negative image to be invoked of the black
man in America.…… [Read More]
Just from looking at the way these crime statistics compare to those of other similar-sized cities, it would be reasonable to assume that eaverton is slightly more affluent than average. The rate and type of crime is skewed more towards the profit-driven types of crime and less to those that are generally associated with "fits of passion," gang behavior, and drug use (especially murder and robbery).
The fact that eaverton keeps it crime rates so low with only one hundred and twenty officers (and twenty-nine civilians) is also a testament to the area's probable affluence. A comparison of this number to the number of officers in other cities makes it clear why crime is kept so low -- they have one of the highest number of officers per capita of any city in Oregon. For this reason, it seems reasonable to surmise that an adequate number of law enforcement officers…… [Read More]
In these terms alone, the case played to the prejudices of both sides and obscured the truth about what had happened, though as Stannard shows, there was likely no rape at all and Thalia was covering a meeting with a white man. This event is reminiscent of the charge by Susan Smith that a black man had stolen her car and killed her children, when in fact she had done it herself. Numerous cases can be cited where whites in different parts of the country blame4d blacks for certain crimes that never happened because they thought that stereotype would be believed. In a different way, the same idea empowered Lincoln Steffens to claim that Hawaii was now beset by a crime wave, which was not true:
As Steffens confessed in his book, the crime wave that he had proudly created was entirely invented, although technically all the "crimes" had been…… [Read More]
The Big Dig continues to be a source of safety concern, particularly regarding the structural integrity of the concrete ceiling panels. Undoubtedly, this issue has some Bostonians looking up as they drive through the tunnels. However, the ceiling collapse also brought attention to the problem. Although not much was reported about future actions, this would have reasonably triggered an inspection of other parts of the tunnel. Officials are confident about the integrity of the rest of the tunnel and one can rest assured that they do not wish to have any further "incidents" regarding the tunnel.
The construction industry is filled with unknown factors that cannot possibly be foreseen, even with the best planning. The Big Dig was relatively low incident, compared to other construction projects. No one will argue that even one incident is one incident too many, but things happen on other construction projects too. Cost overruns are…… [Read More]
But as it currently stands, the practice is pervasively regarded by United States law as manslaughter, with its perpetrators subject to prosecution to the fullest extent thereof. This is why at present, the American court system "goes beyond attempting to have assisted suicide legalized. Instead, it seeks to have hastened death constitutionalized." (Marker, 6).
This speaks to one perspective on the capacity of this legislation to alleviate personal pain and suffering for those contained within Oregon's public healthcare system. The terms of the 1994 legislation are quite specific in their delineation of preconditions required for the administering of a lethal injection using a legally controlled substance. These include multiple levels of physician and witness approval concerning the patient's physical and emotional state as well as a mandatory waiting period during which the patient is enabled to reflect on the decision before reaching a final resolution. The helps to shape its…… [Read More]
Mookie's frustrated acts show that violence is sometimes justified as a means of "self-defense," in Malcolm X's words. Bigger did not have access to the words of wisdom of either Malcolm X or Martin Luther King Jr. More importantly, Bigger did not have access to a community of like-minded African-Americans who could sympathize with if not totally condone the use of violence to preserve cultural integrity and pride.
Mookie and Bigger are remarkably similar, proving that little has actually changed for African-Americans in terms of gaining social and political power even after the Civil Rights movement. Richard Wright's novel Native Son illustrates the extent of racial discrimination during the early half of the twentieth century; Spike Lee's movie "Do the Right Thing" reveals the extent of racial discrimination during the latter half of the century. The protagonists in Native Son and "Do the Right Thing" live in different times and…… [Read More]
Throughout most of the 20th Century, organized crime accounted for a tremendous economic costs passed along to consumers, particularly (but hardly exclusively) in large cities like New York, and Chicago, among many others. Originally formed in this country during the Prohibition years in the 1920s, the criminal enterprises that exploited the black market for illegal liquor subsequently branched out to infiltrate other large industries, such as construction, food and liquor distribution, interstate trucking, waste disposal, and the garment industry.
Primarily by penetrating into the leadership organization of unionized industries, organized crime managed to siphon off public funds, "skim" illegal profits from large corporations, and control entire otherwise legitimate industries through intimidation, including labor strikes initiated via its control of labor unions. The result increased the cost of almost everything sold to consumers in the form of goods and services throughout much of the country. In recent years, increased federal law…… [Read More]
What appears to explain their shared high rates of violent behavior is their increased interpersonal dependency. They are socially withdrawn and entertain a negative view of themselves. These difficulties with trust are common in the two disorders. They are thus more personally dependent on their partners. Furthermore, veterans with a major physical health problem are likelier to commit domestic violence than the other veterans surveyed. The physical problem tends to increase their irritability and dependence on their partners. Other studies found this characteristic high partner-specific dependency among physically abusive men who exhibit personal inadequacy, low social self-confidence and increased reliance on those nearest them. Many of these physically abusive men greatly fear abandonment and are anxiously attached. They are thus hypersensitive to rejection and often show anger in their intimate relationships. Veterans often display excessive coercion to which the partners respond by distancing themselves. The veterans' fear and dependencies can…… [Read More]
ut Swiss authorities maintained that transactions conducted in good faith with the Swiss National ank should be respected. The direct opposition of the sides reached political levels (Castelmur). As a repository of Nazi gold, Switzerland was forced to choose between giving up billions of its money or face international disapproval and sanctions (Sobran 2001). The billions deposited in Swiss banks are believed to belong to victims of the Jewish Holocaust (Sobran).
Many believed that the Nazis stole gold, jewelry and other valuables from these murdered victims (Sobran 2001, Castelmur 1992). The Germans needed to keep the items in the international market for their use and in exchange for their war efforts. The Swiss not only kept their accounts but also helped them make the exchange. Many of the murdered Jews also opened Swiss bank accounts. Survivors and dependents remember that their deceased parents opened those accounts, but did not know…… [Read More]
As an inciting event, it gave a direct reason for the
colonists to oppose British imposition on their lives. This minor incident
turned in a deadly attack that gave way to the beginning of the American
This is because another key player emerged that helped to spread the
anti-British sentiment and contribute to the resulting action from the
Boston Massacre. This player was Paul Revere, who 21 days after the Boston
Massacre began selling color prints entitled, "The Bloody Massacre
perpetrated in King Street" (Achieving Early America). By selling the
prints so quickly, Paul Revere cemented his status as an American Patriot
and helped to spread the events of the Boston Massacre that went on to lead
America towards independence. His engraving is very one sided in its
depiction of the Boston Massacre, as it shows the British Redcoats ordered
by a commander to mow down a group of…… [Read More]