Personal Crime Personal crimes are crimes that occur on a personal level and affect the victim in a personal way. There are different types of crimes that are considered personal. I am going to go over a few such as homicide, assault, battery, mayhem, rape and statutory rape. Homicide is when; one human being kills another human being. When someone premeditates the crime of murder and follows through that is called, first-degree murder.
DURESS BY THREATS INTRODUCTION The general nature of the defence of duress is that the defendant was forced by someone else to break the law under an immediate threat of serious harm befalling himself or someone else, ie he would not have committed the offence but for the threat. Duress is a defence because:- "...threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance should be accepted as a justification for acts which would otherwise be criminal." (Attorney-General v Whelan [1934] IR 518, per Murnaghan J (Irish CCA) The defendant bears the burden of introducing evidence of duress and it is then up to the prosecution to prove beyond all reasonable doubt that the defendant was not acting under duress. If a defence is established it will result in an acquittal. 1.
For an assault to be considered a misdemeanor, it must be an assault that was unaccompanied by aggravation circumstances (Schmalleger, Hall & Dolatowski, 2010). Aggravated assaults, though, fall under the felonious assaults. Aggravates assaults are more of an intent to commit murder or rape. Battery Another personal crime is battery. The definition of battery is an
(mass murder, spree murder, serial murder). | Evaluate the criminal act (ie what was the modus operandi, why did he do it?) | Evaluate the specifics of the crime scene (s) | Comprehensive analysis of victim(s) | Description of Offender Characteristics | What is the primary motive for the offence? (sexual, financial, personal, mental disturbance) | What levels of risk did the victims experience? | What level of risk did the murderer take in killing the victims?
The first issue is whether or not there is sufficient evidence to sustain the charges of murder or manslaughter against Deft. Murder is a homicide committed with malice aforethought. Malice can be found by (1) specific intent to kill, premeditation and deliberation, (2) intent to cause grave bodily injury, (3) wanton and willful disregard for human life (“depraved heart”), or (4) felony murder. The defendant’s acts must be the actual and proximate cause of the victim’s death. Manslaughter is defined as the unlawful killing of another human being without malice aforethought.
Key Legal Concepts and Features of the Legal System Types of crime: offences against persons, economic offences (property/white collar crime), offences against the State, drug offences, public order offences, traffic offences, ‘victimless’ crimes, preliminary crimes (attempts, conspiracy) Crime: “An act or omission which causes harm to society and punishable by the state.” Offences against persons 3 types o Homicide o Assault o Sexual assault Homicide Where a person is unlawfully killed 4 types o Murder o Intending to kill another person o Manslaughter o An unlawful killing o 3 types Involuntary: negligence causing death Voluntary: accused intending to kill but there are mitigating circumstanced, eg; provocation
Leo Coates June 2013 Q4 - Involuntary manslaughter Involuntary manslaughter is defined as the unlawful killing of a reasonable creature under the Queen's peace without malice aforethought. It is a less serious crime than murder as it does not require the full mens rea – intent. There are three types of involuntary manslaughter, which are committed in different ways – reckless manslaughter, gross negligence manslaughter, and constructive manslaughter. Robert is potentially guilty of constructive act manslaughter, where there is an unlawful killing that occurs when another crime is taking place intentionally or recklessly. The case of Franklin (1883) demonstrates that for a defendant to be found guilty of constructive manslaughter, the
The types of intentional torts implicated here are battery and fraud. The former (fraud) is defined as “the intentional and harmful or offensive touching of another without his consent.” The latter (fraud) is defined as a “knowing misrepresentation”; a false statement of material fact that was knowingly or recklessly made by the defendant with the intent to induce reliance by the plaintiff. Punitive damages, which are designed to punish the defendant and deter all other potential defendants in the marketplace, are awarded to plaintiffs above and beyond their actual damages. In cases of intentional torts (i.e., when there is findings of wilfullness, maliciousness, or recklessness), punitive damage awards will be upheld provided they meet the ranges/ratios of punitive damages to actual damages, set forth in recent U.S. Supreme Court cases (BMW and State Farm). APPLICATION: Here, there was substantial evidence that the defendant, Motel knew of the widespread existence of bedbugs in their rooms.
It was proved that the defendant was guilty of rape by his dna, also the fact that he was menacing people with a shotgun, which is how the taking of the DNA came about to prove him guilty of rape. Accomplice liability does not apply to this case; accomplice liability allows the courts to find a person criminally liable for acts committed by another person. If a person aids, assist or encourages another in the commission of a crime they are an accomplice to the crime, while the person who actually commits the act is called the” principal”. However, when determining what is accomplice liability and criminal liability a court needs to examine factors and intent of both the principal and the accomplice (www.legalmatch.com). The elements of crime are a series of components that must be present in order for it to be demonstrated that someone is guilty of a crime.
Social problems and issues can lead to crime. Crime according to Meriam Webster is an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law; especially: a gross violation of law (http://www.merriam-webster.com/dictionary/crime). Some reasons for committing crimes are: people are raised around others that commit crimes, the gap large between poverty and wealth, and corruption with society. Crime can ultimately be defined as a breach of contract, the contract represents the law and the breach is when the law has been broken. The consequences for breaking the contract of law can result in minor to severe punishments.