Tuesday, December 2, 2014
Week 8 Discussion 1
Explain why it is necessary to define the difference between the crime of theft, the crime of robbery, and the crime of extortion, and speculate on what problems might be caused if they were not.
The difference between the crime of theft, the crime of robbery, and the crime of extortion consist of variables that allow the charging of different criminal offenses. Theft is the taking of another’s property and does not require the presence of the owner to be there but has the intent to take something that belongs to another whereas robbery requires the victim to be present, inflicts bodily harm upon another, threatens another with or purposely puts him/her in fear of serious bodily injury or commits a felony of the 1st or 2nd degree.
Theft and robbery are totally different from extortion because it requires the threat of violence to achieve an end goal … which is either money a required act.
Differences between the three below:
Reference to: Criminal Law, Gardner/Anderson, 11th edition
Extortion
Future threat of harm to victim
Future compliance to deliver
Crime of extortion – no presence needed – telephone, mail – federal offense
To avoid force threatened victim must pay amount demanded
Threat of:
Destruction of property
Kidnapping or threats to injure victim or family
Loss of reputation
1. Good name
2. Business reputation
Creating a scandal by exposing a secret or family illness, slander, defamation, libel
Robbery
Immediate threat and harm to victim
Immediate compliance to deliver
Crime of robbery in presence of victim
Immediate force is threatened to use or compel acquiesce
N/A
N/A
N/A
Theft
No necessary harm but removal of property by taking
N/A
N/A
N/A
N/A
N/A
N/A
Problems that might occur are:
Improperly arraigned resulting in years penalized to serve (inappropriate sentencing), misconceptions during trial, possible additional charges may not be actualized.
Robberies and burglaries are often random crimes, with the victims and perpetrators having no previous acquaintance. Because of this randomness, they are the scariest of crimes. Discuss whether ordinary citizens are better off owning or carrying guns for protection.
Gun owning or toting is a serious endeavor and with it comes great responsibility. Having the ability to wisely own and use good self counsel is what it takes to own and retain ownership of a gun. The thought of someone stealing a weapon owned by me is rather frightening and using it because as the owner I am liable for that weapon whereabouts all the time and I really don’t want to tempt anybody or deal with this situation.
Week 8 Discussion 1 JUVENILE D.
In your opinion, are there any Community-based corrections read about in Chapter 11 that would be a better alternative for the youth identified in the documentary? Do you agree or disagree with the sentences the juveniles in the film received and why? Will the recent 2012 Supreme Court's ruling on Juveniles receiving mandatory life without parole affect these offenders?
No, based upon the nature of the crime there are no community-based correction facilities that would be able to deal with youth whose behavior reflects disregard for life.
I agree with the sentences that have been appropriately levied against them because they are unbiased and are based upon written rules and statutes for the nature of committing these crimes.
There is a possibility that the current ruling on August 16, 2012 may allow those who were previously denied a chance at freedom to have a chance now. But I feel that there is a clause somewhere that asserts that once judged and penalized and a certain time frame has passed and the criminal or inmate has done a significant amount of the time (or judgment) without incident then this may give them a chance for clemency. But if their records reflects troubling and consistent patterns of behavioral tendencies that are reflective of their inability to obey legalistic norms or societal norms then adjustment would not be enabled or allowable in society. Further, a murderer will not be given work or any conductive or beneficial trade to make a living or be able to adjust back in society. Therefore, this will cause anger, resentment and hate toward those who have not committed offenses who are living as required by societal and legalistic norms.
http://www.usatoday.com/news/nation/story/2012-08-18/juvenile-life-sentences/57130414/1
Week 7 Discussion 2
Define the elements of the crime of theft, and four ways that “taking” can be proved. Provide an example for each.
Excerpt and referenced from Criminal Law, Gardner/Anderson, 11th edition Page 349 – 353
The crimes of theft (aka theft or larceny) is the unlawful taking of property of another or that is not yours with the intent of depriving the true owner of their right to possession of retainship.
The four ways of “taking” and explanation of how they can be proved are as follows:
1. Direct acts of taking – are when a thief takes physical possession of another’s property.
Actions to prove are car theft – A thief caught in possession of a vehicle not his/her by the police.
2. Appropriating lost or mislaid goods or goods delivered by mistake – A taking may occur where the initial physical possession of the property of another is not unlawful but where the person in possession acts in a manner showing an intent to deprive the owner of ownership rights.
Actions to prove – Lost of a money order signed by owner (or purchaser but the payee line was left blank)…a trace ran and recipient of stolen funds located and traced by name signed, face and description captured on camera and also relayed location where money order was cashed.
3. By deception – The owner of property may be deceived by false representations that cause the owner to give up possession of the property.
Actions to prove – Case of online swindle – interaction through mail – proposition to buy furniture listed in online ad – solicitor or proposed buyer relayed that the money order amount ($500) was more than the furniture cost ($150) and the that the seller could relay the difference to him/her and wire the fund to him/her. Sting operation would entail having a police officer there to arrest him/her (just hold funds until the police can arrive at the scene).
4. Embezzlement – Consists of employees taking from an employer funds (monies and property) that don’t belong to them.
Actions to prove – Hidden cameras located around any monetary assets or easily disposed of acquisitions that could be sold easily.
Accounting of activity reflected shortage of funds…watching of detailed imagery of transactions revealed employee 1 and employee 2 stuffing paper assets, monetary funds in purse and pockets.
Describe the types of laws that have been passed to assist business owners in dealing with the issues involved in shoplifting situations, and discuss whether or not theft against a retailer is worthy of a police officer’s time to investigate.
The types of laws that have been passed to assist business owners in dealing with the issues in shoplifting situations are:
1. Probable Cause Requirement – Allows a suspected shoplifter to be stopped, questioned and searched.
2. Shoplifting laws and procedures to follow if applicable in state. (Shoplifting Detention Acts).
If a genuine case of shoplifting has been authenticated a policeman would have to do a quick investigation, apprehend the suspect and take him/her in to jail to be processed.
Thank you.
Felicia
Excerpt and referenced from Criminal Law, Gardner/Anderson, 11th edition Page 349 – 353
The crimes of theft (aka theft or larceny) is the unlawful taking of property of another or that is not yours with the intent of depriving the true owner of their right to possession of retainship.
The four ways of “taking” and explanation of how they can be proved are as follows:
1. Direct acts of taking – are when a thief takes physical possession of another’s property.
Actions to prove are car theft – A thief caught in possession of a vehicle not his/her by the police.
2. Appropriating lost or mislaid goods or goods delivered by mistake – A taking may occur where the initial physical possession of the property of another is not unlawful but where the person in possession acts in a manner showing an intent to deprive the owner of ownership rights.
Actions to prove – Lost of a money order signed by owner (or purchaser but the payee line was left blank)…a trace ran and recipient of stolen funds located and traced by name signed, face and description captured on camera and also relayed location where money order was cashed.
3. By deception – The owner of property may be deceived by false representations that cause the owner to give up possession of the property.
Actions to prove – Case of online swindle – interaction through mail – proposition to buy furniture listed in online ad – solicitor or proposed buyer relayed that the money order amount ($500) was more than the furniture cost ($150) and the that the seller could relay the difference to him/her and wire the fund to him/her. Sting operation would entail having a police officer there to arrest him/her (just hold funds until the police can arrive at the scene).
4. Embezzlement – Consists of employees taking from an employer funds (monies and property) that don’t belong to them.
Actions to prove – Hidden cameras located around any monetary assets or easily disposed of acquisitions that could be sold easily.
Accounting of activity reflected shortage of funds…watching of detailed imagery of transactions revealed employee 1 and employee 2 stuffing paper assets, monetary funds in purse and pockets.
Describe the types of laws that have been passed to assist business owners in dealing with the issues involved in shoplifting situations, and discuss whether or not theft against a retailer is worthy of a police officer’s time to investigate.
The types of laws that have been passed to assist business owners in dealing with the issues in shoplifting situations are:
1. Probable Cause Requirement – Allows a suspected shoplifter to be stopped, questioned and searched.
2. Shoplifting laws and procedures to follow if applicable in state. (Shoplifting Detention Acts).
If a genuine case of shoplifting has been authenticated a policeman would have to do a quick investigation, apprehend the suspect and take him/her in to jail to be processed.
Thank you.
Felicia
Week 7 Discussion 1
Address how the court’s perspective on the crime of sexual assault or sexual battery has changed over the years, and what might be done to improve enforcement and convictions.
The court’s perspectives on the crime of sexual assault or sexual battery has changed over the years…previously the legal definition of rape was understood as penile penetration of the vagina without the consent of the woman. Nowadays, the terms “rape” and “sexual assault” are used interchangeable but “sexual assault” is the legal term that is used in legal discussion and in written form now. This term reflects that either a male or female has been victimized by severe personal invasion and has been traumatized emotionally, physically in the genital or anus area. Nonconsensual sex is rape (sexual assault or sexual battery if the act is nonconsensual and the person is in authority over the victim and under the age of 18 years old).
http://www.mscode.com/free/statutes/97/003/0095.htm
Sexual Assault (Rape) utilized as a comparison of Old Rape Laws and Common Law And Statutory Changes
Excerpt and reference to: Criminal Law, Gardner/Anderson, 11th Edition, Page 322
Old Rape Laws & Common Law Statutory changes enacted in most states since 1970s
Female were allowed to voice complaints of rape Male or female can grieve to be a victim of rape
Only a male could commit the crime Male or female can commit the crime
A husband could not rape his wife but could be charged with assault and battery A husband can be charged with the rape of his wife under the law of states that have made this change from the common law.
Rape was defined in one (or at most a few) degree A variety of degrees of criminal conduct are defined as follows:
Ordinary rape – 2nd degree
Aggravated rape/gang rape or with a weapon or rape resulting in physical injury or pregnancy – 1st degree
Rape was defined only as the insertion of the penis into a vagina by force against the will of the female. Sexual intercourse defined not only as vaginal but also cunnilinggus, fellatio, anal invasion or any other part of the body using any object in the genital or anal opening … no emission of semen is necessary.
Common law rape did not include the crime of offensive touching (however, this could be charged either as disorderly conduct or assault and sometimes battery). Many modern sexual assault laws include the offense of offensive touching in that they forbid “sexual contact”.
“Utmost resistance” and resistance were required under the old common law. “Utmost resistance” is no longer required for the crime of rape.
Many states require that proof that the sex act was done “without consent” and “against the will” of the victim.
Rape was classified as a crime against sexual morality. Sexual assault is more often classified as a crime against a person.
To improve law enforcement and convictions the analyzation of rape kits to correspond to each case as it ensues could possibly result in more cases of rape being successfully culminated and correct penal code assigned for punishment. Subsequently, resulting in more rapist roaming the streets victimizing, maiming and traumatizing innocent people.
The issue of sending nude photos or “sexting” has been in the news. Take a position on whether this should be allowed between consenting adults or restricted to protect possible viewing by minors.
My position on this manner is that I am not an advocate of this kind of behavior and feel that if they know all the risks involved then this
problem is yours and as an adult you and you alone are responsible for your own conduct…not anybody else…if someone has taken your picture and posed you in the nude and distributed this kind of filth without your consent then you are within your rights to ask for damages, jail time and anything else that you can think of to have them punished. I don’t believe in infringing on anyone’s right to privacy and the right to have respect for their self and no one has the right to take it away and distribute anything detrimental but in today’s society the lack of concern because of a person’s race is what is prevalent today and that is you don’t have the rights you think you do. I as a person would never do such an act and would never forgive anyone who did this to me and would never speak to or acknowledge them as a fit and normal human being. Minors should not have any access because of the sad lack of maturity that is reflected that I see each day…and their inability to have foresight to acknowledge that they don’t know as much as they think they do.
The court’s perspectives on the crime of sexual assault or sexual battery has changed over the years…previously the legal definition of rape was understood as penile penetration of the vagina without the consent of the woman. Nowadays, the terms “rape” and “sexual assault” are used interchangeable but “sexual assault” is the legal term that is used in legal discussion and in written form now. This term reflects that either a male or female has been victimized by severe personal invasion and has been traumatized emotionally, physically in the genital or anus area. Nonconsensual sex is rape (sexual assault or sexual battery if the act is nonconsensual and the person is in authority over the victim and under the age of 18 years old).
http://www.mscode.com/free/statutes/97/003/0095.htm
Sexual Assault (Rape) utilized as a comparison of Old Rape Laws and Common Law And Statutory Changes
Excerpt and reference to: Criminal Law, Gardner/Anderson, 11th Edition, Page 322
Old Rape Laws & Common Law Statutory changes enacted in most states since 1970s
Female were allowed to voice complaints of rape Male or female can grieve to be a victim of rape
Only a male could commit the crime Male or female can commit the crime
A husband could not rape his wife but could be charged with assault and battery A husband can be charged with the rape of his wife under the law of states that have made this change from the common law.
Rape was defined in one (or at most a few) degree A variety of degrees of criminal conduct are defined as follows:
Ordinary rape – 2nd degree
Aggravated rape/gang rape or with a weapon or rape resulting in physical injury or pregnancy – 1st degree
Rape was defined only as the insertion of the penis into a vagina by force against the will of the female. Sexual intercourse defined not only as vaginal but also cunnilinggus, fellatio, anal invasion or any other part of the body using any object in the genital or anal opening … no emission of semen is necessary.
Common law rape did not include the crime of offensive touching (however, this could be charged either as disorderly conduct or assault and sometimes battery). Many modern sexual assault laws include the offense of offensive touching in that they forbid “sexual contact”.
“Utmost resistance” and resistance were required under the old common law. “Utmost resistance” is no longer required for the crime of rape.
Many states require that proof that the sex act was done “without consent” and “against the will” of the victim.
Rape was classified as a crime against sexual morality. Sexual assault is more often classified as a crime against a person.
To improve law enforcement and convictions the analyzation of rape kits to correspond to each case as it ensues could possibly result in more cases of rape being successfully culminated and correct penal code assigned for punishment. Subsequently, resulting in more rapist roaming the streets victimizing, maiming and traumatizing innocent people.
The issue of sending nude photos or “sexting” has been in the news. Take a position on whether this should be allowed between consenting adults or restricted to protect possible viewing by minors.
My position on this manner is that I am not an advocate of this kind of behavior and feel that if they know all the risks involved then this
problem is yours and as an adult you and you alone are responsible for your own conduct…not anybody else…if someone has taken your picture and posed you in the nude and distributed this kind of filth without your consent then you are within your rights to ask for damages, jail time and anything else that you can think of to have them punished. I don’t believe in infringing on anyone’s right to privacy and the right to have respect for their self and no one has the right to take it away and distribute anything detrimental but in today’s society the lack of concern because of a person’s race is what is prevalent today and that is you don’t have the rights you think you do. I as a person would never do such an act and would never forgive anyone who did this to me and would never speak to or acknowledge them as a fit and normal human being. Minors should not have any access because of the sad lack of maturity that is reflected that I see each day…and their inability to have foresight to acknowledge that they don’t know as much as they think they do.
Week 7 Discussion 1 JUVENILE D.
1. Referenced and excerpt of information from: http://www.michigan.gov/dhs/0,4562,7-124-5453_34044_34049-109085--,00.html
Bay Pines Center is located in the State of Michigan.
Bay Pines Center is a secure residential detention service for youth of either gender awaiting a court decision
as well as residential treatment programs for youth adjudicated for criminal offenses.
Residential and licensed to treat 45 youth - ages 12 to 20.
Mission - Focus on community safety victim restitution, and offender accountability or responsibility. Belief in
adolescents to make changes in behavior, especially establishing relations to nurture and change behavior.
Average length of stay - 13 months
Treatment group size - 10 youths (own living quarters or section to work with youth)
Field of treatment - Cognitive Behavioral Therapy
Treatment activities - 40 hours per week
Educational instruction - 30 hours per week on campus - year round school youths involved in Habitat for Humanity - built 8 homes in the Escanada Community
Employment opportunities - available at appropriate points in treatment program
Education program - endorsed by Escanada Public High School
Eligibility for high school diploma upon completion of necessary credits
College courses available through Bay Community College
Physical conditioning
Medical and dental services
Psychiatric and Psychological services
Religious and spiritual and support services
Native American spiritual and support services
Narcotics Anonymous and Al-Anon teen groups
Housing facilities for visiting families with resources to make family history arrangements for visiting youth in treatment.
2. The treatment facilities educational and vocational initiatives are utilized to help change and alter negatively ingrained behavior and this done by using Cognitive Behavioral Therapy which is therapy that is used on a conscious level basis to alter behavior that is in a conscious state and which is relayed and utilized in a subconscious level later. By approaching on a conscious level which is the way all educational levels are approached and changed in the subconscious this is allowable and enabled to be facilitated and retained. By approaching in this manner . this is a direct approach with subtlety and easier to deal with youth because they know the approach is up-front and a honest entreaty to assist them and help them modify changes in their self for the better.
------
The vocational initiatives are great...they can learn so much to be self-sufficient and enable them to stand on their own because they are learning something that is not ordinarily offered on the outside and this serves as good references on applications and just good reports can follow and help support them in the future.
Thank you.
Felicia
Bay Pines Center is located in the State of Michigan.
Bay Pines Center is a secure residential detention service for youth of either gender awaiting a court decision
as well as residential treatment programs for youth adjudicated for criminal offenses.
Residential and licensed to treat 45 youth - ages 12 to 20.
Mission - Focus on community safety victim restitution, and offender accountability or responsibility. Belief in
adolescents to make changes in behavior, especially establishing relations to nurture and change behavior.
Average length of stay - 13 months
Treatment group size - 10 youths (own living quarters or section to work with youth)
Field of treatment - Cognitive Behavioral Therapy
Treatment activities - 40 hours per week
Educational instruction - 30 hours per week on campus - year round school youths involved in Habitat for Humanity - built 8 homes in the Escanada Community
Employment opportunities - available at appropriate points in treatment program
Education program - endorsed by Escanada Public High School
Eligibility for high school diploma upon completion of necessary credits
College courses available through Bay Community College
Physical conditioning
Medical and dental services
Psychiatric and Psychological services
Religious and spiritual and support services
Native American spiritual and support services
Narcotics Anonymous and Al-Anon teen groups
Housing facilities for visiting families with resources to make family history arrangements for visiting youth in treatment.
2. The treatment facilities educational and vocational initiatives are utilized to help change and alter negatively ingrained behavior and this done by using Cognitive Behavioral Therapy which is therapy that is used on a conscious level basis to alter behavior that is in a conscious state and which is relayed and utilized in a subconscious level later. By approaching on a conscious level which is the way all educational levels are approached and changed in the subconscious this is allowable and enabled to be facilitated and retained. By approaching in this manner . this is a direct approach with subtlety and easier to deal with youth because they know the approach is up-front and a honest entreaty to assist them and help them modify changes in their self for the better.
------
The vocational initiatives are great...they can learn so much to be self-sufficient and enable them to stand on their own because they are learning something that is not ordinarily offered on the outside and this serves as good references on applications and just good reports can follow and help support them in the future.
Thank you.
Felicia
Week 6 Discussion 2
Of the elements that must be proved for conviction of an assault or a battery, select the one that is most likely to be difficult to obtain and state why.
One of the elements that might be difficult to prove for a conviction of assault/battery is if no actual blows were sustained but the fear that constitutes a continual attempt or assault that may occur in the future may be hard to prove. It more or less comes down
to who is telling the truth if no witnesses are there or cameras to support or negate charge.
Further another element is a fictitious allegation whereby no proof is abled to be supported is supposed assailant is nowhere in proximity of supposed victim.
Of the crimes against the person that are introduced in the chapter, discuss which you feel is the more repulsive and indicate what the criminal justice can do about limiting its occurrence.
The most repulsive crime again a fetus is feticide (fetal murder. Based on my opinion I believe life begins at conception and that a soul is embedded within once a sperm and egg is fertilized and unioned. Thankfully it is a Class A Felony which allows no latitude of being free of being convicted in prison. Also, the attack of anyone against a pregnant woman is one of the most heinous crimes that I can think of because she and the little one is vulnerable and defenseless.
Speculate how often wrongful imprisonment occurs. Take a position on whose responsibility it is to prevent this from happening – the investigators or the courts.
Approximately 10,000 people in the United States are wrongfully committed to prison and I would say that this is based on circumstantial evidence and tampering. I feel that it is the investigative team to ensure that justice is regulated fairly and no outside influences are allowed in the pursuit of issuing out punishment to the correct perpetrator of crimes. Prior to presenting anything to the courts all i’s should be dotted and all t’s crossed and there should be no if or buts or maybes involved. In my opinion I want everything tight and wrote in concrete that this person did it and should be made to pay for their crimes against the person and humanity…no one should be allowed to not serve justice because it only instigates envy, hate and malice to think that their relative was issued justice but someone who is overly favored and did the same crime was allowed to walk around freely with no justice distributed.
Referenced: http://researchnews.osu.edu/archive/ronhuff.htm
One of the elements that might be difficult to prove for a conviction of assault/battery is if no actual blows were sustained but the fear that constitutes a continual attempt or assault that may occur in the future may be hard to prove. It more or less comes down
to who is telling the truth if no witnesses are there or cameras to support or negate charge.
Further another element is a fictitious allegation whereby no proof is abled to be supported is supposed assailant is nowhere in proximity of supposed victim.
Of the crimes against the person that are introduced in the chapter, discuss which you feel is the more repulsive and indicate what the criminal justice can do about limiting its occurrence.
The most repulsive crime again a fetus is feticide (fetal murder. Based on my opinion I believe life begins at conception and that a soul is embedded within once a sperm and egg is fertilized and unioned. Thankfully it is a Class A Felony which allows no latitude of being free of being convicted in prison. Also, the attack of anyone against a pregnant woman is one of the most heinous crimes that I can think of because she and the little one is vulnerable and defenseless.
Speculate how often wrongful imprisonment occurs. Take a position on whose responsibility it is to prevent this from happening – the investigators or the courts.
Approximately 10,000 people in the United States are wrongfully committed to prison and I would say that this is based on circumstantial evidence and tampering. I feel that it is the investigative team to ensure that justice is regulated fairly and no outside influences are allowed in the pursuit of issuing out punishment to the correct perpetrator of crimes. Prior to presenting anything to the courts all i’s should be dotted and all t’s crossed and there should be no if or buts or maybes involved. In my opinion I want everything tight and wrote in concrete that this person did it and should be made to pay for their crimes against the person and humanity…no one should be allowed to not serve justice because it only instigates envy, hate and malice to think that their relative was issued justice but someone who is overly favored and did the same crime was allowed to walk around freely with no justice distributed.
Referenced: http://researchnews.osu.edu/archive/ronhuff.htm
Saturday, November 29, 2014
Week 6 Discussion 1
Define “corpus delicti,” and give an example of how a defendant may be prosecuted for murder when the victim’s body has not been found. Describe three ways a murder can be established without a body.
“Corpus delecti “ defines and supports that a crime has been committed and is the evidential fact that has been established to conclude as basis and support for case to conclude.
An example of how a defendant may be prosecuted for murder is based on the fact that evidential remains of a foul deed that consists of DNA evidence is found around in a defendant’s home, car or any structure that is owned by such.
Example below
(excerpt from http://legal-dictionary.thefreedictionary.com/Corpus+delicti)
CORPUS DELICTI. The body of the offence; the essence of the crime
It is a general rule not to convict unless the corpus delicti can be established, that is, until the dead body has been found. Best on Pres. Sec. 201; 1 Stark. Ev. 575, See 6 C. & P. 176; 2 Hale, P. C. 290. Instances have occurred of a person being convicted of having killed another, who, after the supposed criminal has been put to death for the supposed offence, has made his appearance alive. The wisdom of the rule is apparent; but it has been questioned whether, in extreme cases, it may not be competent to prove the basis of the corpus delicti by presumptive evidence. 3 Benth. Jud. Ev. 234; Wills on Circum. Ev. 105; Best on Pres. Sec. 204. See Death.
Three ways a murder can be established with a body are:
1. Based on evidence that may be circumstantial and relying heavily on forensics as support.
(Per Wikipedia 350 cases of murder have been held in the United States)
Reference - http://en.wikipedia.org/wiki/Murder_conviction_without_a_body
Case – People v. Scott 176 Cal. App. 2d 458 (1960)
2. Case – Reiser v. Dubois et al
Case Observations – missing Nina Reiser (formerly Nina Sharanova).
Passenger seat removed – remnant of blood in car and blood splatter in house.
Convicted 4-28-08 and body found 7-7-08 led there by Reiser later.
He was convicted without body based on circumstantial evidence and investigation.
3. Case – State vs. Richard Grissom (Case 6113)
In prison for allegedly killing three females and being sentenced for murder – Life from November 20, 1990. He was convicted with little evidence to substantiate claim of murder of “4+”.
Knife ??? – was it found? Any DNR of women found on Grissom? Elderly woman – how is she tied into this (was she the one called police and said)
excerpt from http://murderpedia.org/male.G/g/grissom-richard.htm
Hinkle led the investigation of the Brown and Rusch murders as well as multiple searches of the field near Clinton Lake. The field was searched because a resident in the area recorded a license tag on a vehicle seen there at the time of the murders. It turned out to be a stolen tag later found to be in Grissom's possession.
Grassy field investigated – nothing found – who was the caller and why did they not call the police if an act of violence was committed and they could see it?
Discuss the differences between murder and manslaughter, as well as voluntary and involuntary manslaughter. Provide an example of each.
Murder – is the killing of an individual without lawful justification committed in the first degree which are acts of physical violence that would result in death with true intention to kill, do bodily injury to another (individual) with knowledge that these acts will result in death and assurance that great bodily harm will increase probability of death and knowing that a felonious act of behavior apply.
Reference: Criminal Law, Gardner/Anderson, 11th edition/2012, Page 257)
EXAMPLE
Jane waited until Bill went to sleep and struck him repeatedly with a hardened wooden oak of wood in head until she heard a crack in his head.
Mallock watched Bob place his wallet full of cash he had just won that night at the casino under his pillow…creeped in and shot Bob in his chest killing him instantly and stole the wallet and money.
Manslaughter – is classified as criminal homicide that is less than murder. This type of murder may have been provoked by the victim by either his/her action or unlawful conduct that serves as a catalyst of his/her killing. The killings are not bad enough or do not show deliberate intent to classify as murder.
EXAMPLES
Bill attacked and beat Jane viciously and in defense Jane stabbed him with a knife repeatedly.
Jane beat the hell out of Bill and he in defense clubbed her with a savage blow to her head with a candle stick.
Voluntary Manslaughter – is the killing of another person by an offender who had no intent to kill and acted during “the heat of passion” and under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. Allowance of provocation serves as basis for voluntary manslaughter and the act of lack of temporary ability to act with reason.
Reference: http://en.wikipedia.org/wiki/Voluntary_manslaughter
EXAMPLES
Bob came home and found an intruder raping his wife and with no thought he flew into an uncontrolled rage of anger and the beat the rapist to death.
Melody saw a man kissing and fondling her two year old and lost her reasoning ability and crushed his skull with a hammer.
Involuntary Manslaughter – is often charged when extreme negligence or wanton or reckless conduct by the defendant brings about an unintended or accidental death.
Reference: Criminal Law, Taylor/Fritsch, 11th Edition, P. 271
EXAMPLES
Jane was texting furiously while driving and struck an elderly lady attempting to
cross a street.
Johnny was picking and combing his hair and lost control of the steering wheel and crushed a construction worker between a wall and a slab of concrete.
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