Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
Scenario One: Can Ken be convicted of a homicide offense? Explain and justify your answer. Ken can be convicted for a couple different homicide charges in this case and in this paragraph. One of the homicide offenses they can be charged with is reckless homicide code 0142 this would be the charge if Ken had accidentally disclosed the information. Another charge that Ken can be tagged with is first degree homicide code 0110 if it is found that Ken willfully and premeditated doing it.
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
(Standard of proof. n.d.) In a criminal case the state must prove that the defendant is guilty “beyond a reasonable doubt” and has fulfilled each part of the statutory definition of the crime. An example of a criminal case would be first degree murder, because it contains the three basic elements of a crime: willfulness, deliberation and premeditation. However the standard of proof in a civil case is proven by lower standards of
9. Assuming Miss Meanor is found guilty, when will the Judge impose sentence? 10. What is the maximum sentence to be imposed? Scenario #2 Frank Felon a native of Akron Ohio was arrested by officers from the Cleveland Police Department for allegedly committing felonious assault on Vince Victim also of Akron during a tailgate party prior to the Barry Manilow concert at the “Q” Arena on June 29, 2011.
According to [ (Schmallager, 2009) ]”a crime is a violation of the criminal laws of a state, the federal government, or local jurisdiction, for which there is no acceptable legal justification or excuse”. A crime can consist of murder, theft, kidnapping, hijacking, assault and battery, conspiracy, and arson to name a few [ (Schmallager, 2009) ]. When the police are called to a crime they must locate and interview witnesses if possible, locate and hold possible suspects, find evidence, and try to find out what really happened to conclude if there is a crime or not. If the police determine a crime has taken place they will either make an arrest at the scene or have a judge issue an arrest warrant for the suspect(s). The arrest of the suspect(s) is a serious step as police believe they have enough evidence for the courts to convict the suspect.
Aaron Hernandez was charged with murder and two lesser offenses in the June 2013 murder of Odin Lloyd, when his body was found near Hernandez’s house. The Incriminating Evidence in the arraignment, were text messages from Hernandez and a supposed surveillance tape from Hernandez's home of Hernandez holding a gun while saying "You can't trust anyone anymore" before getting in his car to pick up Lloyd were described as crucial pieces of evidence. Also central to the case is apparent surveillance footage and the curious deletion of certain footage from Hernandez's house, as well as statements from witnesses who saw Hernandez as angry with Lloyd. Although prosecutors have apparently not found the gun used to kill Lloyd, the prosecution has Hernandez linked to a shell casing that matches the caliber of bullet used to shoot Lloyd. The link was through a piece of bubble gum that purportedly Hernandez chewed and was found next to the casing.
He said that to be a hateful crime, there needs to be racial bias. He was the one who arrested Hopper for criminal trespassing. If Hopper had stolen the items than Chanco would have definitely been able to see them and he did not report any stolen items. The second witness was Jamie Ringer. She was Hopper’s basketball coach.
Constitution’s Bill of Rights. The U.S. Supreme Court in 2000 reversed a court sentence by a judge in a criminal case involving Charles Apprendi. (Schmalleger, 2009, p. 394). The defendant Charles Apprendi pleaded guilty to “unlawfully possessing a firearm,” (Schmalleger, 2009, p. 394). The presiding judge during trial found out that Apprendi fired shots to a neighboring house as threats to leave the neighborhood.
Fault is an essential element of criminal liability. It is a concept in criminal and civil law whereby the defendant is held responsible for doing something wrong. This can be through an act or omission and can be proven through the rules of causation. The implication of being found at fault is a criminal record whose consequences on the defendant personal life are serious. However, there are some types of behaviours such as Strict Liability offences which do not require fault but the defendant is still prosecuted.