Criminal Liability and the Use of Force

Criminal Liability and
the Use of Force



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Criminal Liability and
the Use of Force
Strayer University
Professor – Zara Sette
Assignment #2
LEG 320
Online Summer 2012
August 5, 2012
Felicia McCaw







Criminal Liability and
the Use of Force
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ABSTRACT



Criminal liability and the use of force in today’s society is a daily challenge for all concerned in this country. The knowledge that actions of criminality affect and harm society is still an issue and challenge to law officials today and trying to understand and deal with citizens that commit acts of criminality with the knowledge that they are responsible and are violating established legalistic norms or statutes established to prevent and curtail acts that conflict with laws is a challenge and concern of all who are victimized, traumatized and are troubled because of the continual lack of concern. Acting with the knowledge of doing a wrong and continuing is the basis of structured laws to hinder and prevent and correct criminal behavior and serve as a deterrent and inhibitor to stop and correct this behavioral problem.




















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Understanding and dealing with criminal liability consists of knowing that it is acts of culpability that harm society and are against the established legalistic norms or statutes established to prevent and curtail acts that conflict with laws. As a central part of criminal liability is the knowledge that the committance of crimes require intent and would enact “actus reus” and “mens rea” .
“Actus Reas” is the actual fulfilling of a criminal act and “mens rea” is the affective state of mind that allows a criminal act to be contemplated and to be compelled as a state of mind. Once a criminal act is established as a plan to be followed through comes the liability and legal responsibility for actions that are knowingly done that violate and conflict greatly with established laws that are enforced by the government.
Criminal liability is part of the legalistic sphere of justice and each element contributes and assists a prosecutor to prove beyond a shadow of a doubt that a crime was committed by the perpetrator and enforce any and all legal doctrines that establish punishment for crimes committed.
Because establishing criminal liability is necessary the following concepts have to be proven:
 Culpability – To purposely, knowingly, recklessly and negligently commit a crime infers deliberate intent.

 Capacity – To hold in thought the act of criminality but to not have the full knowledge of what repercussions would follow the fulfilling of a criminal act would entail.

 Responsibility – To knowingly commit an act of criminality with full knowledge of consequences with free volition, will, ability and competence without presumptions assumed.


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Based upon that there are five principles of liability in criminal law that deal with administering and fulfilling basic doctrines to counter and understand criminality as follows (excerpt from http://faculty.ncwc.edu/mstevens/293/293lect03.htm ):
1. Principles of Actus Reus
2. Principles of Mens Rea
3. Principles of Concurrence
4. Principle of Causation
5. Principle of Resulting Harm
These principles are the base for both defendant attorneys and prosecutors and justices that are used in the determination and proving of whether an act of criminality has occurred and the enforcing of liability and punishment of various crimes committed.
One of the various crimes that fall under criminal liability is the crime of solicitation which includes various facets of criminal activity that includes the procurement of copulation for compensation also known as prostitution. The act of prostitution entails acts of solicitation that would involve offering of money in exchange for sexual favors. Using forms of incitement to induce the conclusion of a crime is an inchoate offense and both the enticer and enticed would be guilty of corroboration.
Another crime of solicitation would be as follows (excerpt from wiki.answers.com/Q/ What_is _the_crime_of _solicitation?):
It is not necessary that the person actually commit the crime, nor is it necessary that the person solicited be willing or able to commit the crime (such as if the “solicitee” were an undercover police office).
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For example, if Alice commands Bob to assault Charlie and Alice intends for Bob to assault Charlie, then Alice is guilty of solicitation. However, if Alice commands Bob to assault Charlie without intending that an actual crime be committed (perhaps believing that Charlie has given consent), then there is no solicitation.
Conspiracy is one of the oldest games in the world involving intrigue at its finest. Being known as a preliminary crime since the era of 1292 and being addressed in the English Court in the early 1600s the crime is secretive and insidious wrapped up in undertones of treachery, secret plots that involve violence and mayhem that has the capacity to undercut social stability, destroy legalistic and social norms and threaten the very levels of governmental rule, regulations, statutes and legalities established. Actions overt and not are used in plots of conspiracy but in order to be a true threat they usually consist of two or more in a criminal venture that is a benefit to them but a detriment to society, government and all overall. Because of this conspiracy statutes require action of one who commissioned the act of conspiracy to be used as an overt act in a court of law. The type of conspiracy case that would not require an overt act would be a commission of a felony of the first or second degree, e.g., (excerpt from Criminal Law, Page 86) The U.S. Congress wrote the federal statute (21 U.S.C.A. § 846) forbidding drug conspiracies, the law contained no express requirement of proof of an overt act, but only proof of a criminal conspiracy. Another case needing no overt act is the case of Whitfield v. United States 543 U.S. 209 (2005) the Supreme Court held U.S.C. 1956 (h) the money laundering statute required no overt act for a conspiracy conviction.


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Therefore based on actions of overt and non-overt acts of criminality the enforcing of illegality of conspiracy violations are enabled to be accomplished by fulfilling statutes and doctrines. Consequently, even if abandonment is done the act of conspiracy is still in effect and punishable by law.
As a preventive to acts of criminality the Fourth Amendment allows protection of citizens by preventing unreasonable searches and seizures without a warrant that has been judicially sanctioned and supported by probable support.
The Fourth Amendment prevents excessive physical force to render an arrest and can only do the following (excerpt from Criminal Law Page 142):
1. Detain the offender, make the arrest, and conduct lawful searches.
2. Overcome any resistance by the offender.
3. Prevent an escape and retake the person if an escape occurs.
4. Protect the officer, others, and the prisoner, if necessary.
To establish whether excessive force is used comparison to the Case of Tennessee v. Garner and to Graham v. Connor can be analyzed and uses the Fourth Amendment as a standard to clarify whether force was of a reasonable standard or that a substantive due process was enacted when making the arrest which may reflect physically intrusive governmental conduct and under the due process this would serve as a guide.
As any act of violence is a threat to anyone the “Castle” Doctrine allows the right to stand their ground and use discriminating force that is necessary and reasonable to defend self if assaulted in their home from a trespasser. Further the states that require retreat before using deadly force exempts dwellings as per supported by (excerpt from Criminal Law Page 137) Case
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of Beard v. United States, 158 U.S. 550 that clearly states under federal law an owner or homeowner has no duty to retreat in the face of unlawful assault located in his home or on his property.
Another ruling is the “make my day” rules does not put restrictions on the use of deadly force by the occupant of a dwelling. It does not state that ownership is necessary or viable. Based on Case of State v. Anderson, 972 p.2d 32 (Okla. Cr. 1998) this gives support and credence to allow the protection of self in the time of invasion and unlawful trespass against intruders and possible assailants.
Acknowledging the levels of criminality that exist and that predators are the true perpetrators of crimes allow the composing, creating and executing of statutes, doctrines and laws to address and deal with those who break the laws and indulge in acts of criminality against others, state and country.








REFERENCES

Gardner, T.J., & Anderson, T.M., (2012). Criminal Law. (11th Edition). Mason: Cengage Learning.
(Gardner & Anderson, 2012)
Wikipedia. Solicitation. Retrieved August 3, 2012, from
http://en.wikipedia.org/wiki/Soliciation
Wikipedia. Fourth Amendment to the United States Constitution. Retrieved August 4, 2012, from
http://en.wikipedia.org/wiki/Fourth _Amendment _to_the_United_States Constitution
Wiki Answers. What is criminal liability? Retrieved August 4, 2012, from
http://wiki.answers.com/Q/What_is_criminal_liability
Cornell University Law School. 18 USC § 373 – Solicitation to Commit a Crime of Violence. Retrieved August 3, 2012, from
http://www.law.cornell.edu/uscode/text/18/373
The Free Dictionary. Liability. Retrieved August 4, 2012, from
http://legal-dictionary.thefreedictionary.com/Criminal+liability
Wiki Answers. What is the crime of solicitation? Retrieved August 3, 2012, from
http://wiki.answers.com/Q/What_is_the crime of solicitation
The Free Dictionary. Solicitation. Retrieved August 3, 2012, from
http://legal-dictionary.thefreedictionary.com/solicitation
Women with a Vision. What is Solicitation of Crime Against Nature (SCAN)?. Retrieved August 3, 2012, from
http://wwav-no.org/programs/louisiana-womens-advocacy-alliance/no-justice/scan
North Carolina Wesleyan College. Principles of Criminal Liability. Retrieved August 4, 2012
http://faculty.ncwc.edu/mstevens/293/293lect03.htm