It would be considered robbery because Sarah takes the laptop computer by using force and/or fear. Since Sarah used a deadly weapon for the purpose of force or fear makes this an aggravated robbery. This is a violent crime, whereas the other two situations are classified as property crimes. (Miller & Jentz) The third and last situation where Sarah passes by Makoto’s house one night, sees the computer on the desk from the window, breaks the lock, enters into the house and then leaves with the computer falls under Burglary. This situation would be considered burglary because it consists of many factors that define burglary such as breaking and entering a building with intent of committing a felony; in this case the felony was stealing the laptop.
– This would be Armed Robbery, Sarah has the intention to inflict bodily harm to Makoto should he not comply with Sarah’s request to turn over the computer. Sometimes Armed robbers are bluffers but the prey on the fact that you are not going to call their bluff. When you attempt armed robbery it can escalate real fast to more capital crimes including murder. 3. While passing Makoto’s house one night Sarah sees a laptop computer sitting on a desk near a window.
Basic rights are protected by criminal law. Once a person is convicted of committing a crime, those basic rights are taken away. Also, once the crime rate has gone up, or there are too many people doing the same crimes, for example gun violence, our basic rights can be changed and altered, so there are restrictions on the basic rights of citizens. The police and law enforcement systems are required to enforce criminal law. If any citizen tries to misuse his or her basic rights, or take away other citizens, law enforcement is required to take action on it.
The second situation states: While passing Makoto’s house one night, Sarah sees Makoto outside with a laptop computer. Holding Makoto at gunpoint, Sarah forces him to give up the computer. Then Sarah runs away with it. In this situation I would think that this would fall under aggravated robbery. Robbery is defined as the taking of cash, personal property, or any other article of value from a person by means of force or fear (Miller & Jentz, 2008).
Make My Day Law Is it fair punishment to charge someone with murder if they are defending themselves against any intruder in there homes? The "Make My Dy Law" gives a person the legal right to use deadly force to defend his or her home, and any innocent person in it, from a violent attack or intrusion. For this law to be just, the intruder must be making an attempt to unlawfully enter a property and the occupants of that property must feel threatened. In addition, the owners of the property must be there and legally and not trying to kill another person in what they wrongfully assume would be a legal way. You cannot use deadly force against an officer trying to perform their legal duties.
Personal Perception of Organized Crime Paper CJA/384 CRIMINAL ORGANIZATIONS August 6, 2013 Personal Perception of Organized Crime Paper Have any of us really thought what crime really means? Have you or anyone one you know ever committed a crime and thought you were doing nothing wrong. Crime has been out since the beginning of time. A crime is usually something that will be regretted, an evil act and an act that is punishable by the law. When it comes to crime and its relationship to the law there are several types.
The Right to Bear Arms Constitutional of Not? Let’s say one day you’re exiting a shopping center almost to your car when suddenly, two men confront you and demand all your money and the keys to your car. You are completely helpless with nothing to defend yourself with as the two men take your belongings. Maybe a quick flash of a concealed handgun would have scared them off, loaded or not just the fact that they know you could put up a fight would have most likely scared them away. Would carrying a concealed weapon make every day citizens feel safer knowing they have something to defend themselves with instead of standing by and watching while criminals break in their homes or even rob them on the streets.
Bobby is angry with his supervisor and takes a gun to work to which he wants to scare his supervisor so he waves his gun around and starts yelling at his supervisor. Obviously Bobby should not have brought his gun to work to scare his supervisor, so the Police are called and when Officer Goodman arrives, he calmly asks Bobby to put down or give the gun to Officer Goodman. At this point, the gun accidently goes off hitting Officer Goodman in the hand. The question is if this violates the assault statute? On page 557 of Introduction to law by Joanne B. Hames and Yvonne Ekern, the definition of assault is the placing of another in apprehension or fear of an imminent battery; it is both a crime and a tort.
Justification and excuse both play an interesting role in the criminal justice field. Justification is a legal defense used when a defendant will admit to the crime committed, but will also claim that the act was necessary and justified, to avoid something that would be worse than the initial act in question (Schmalleger, Hall, & Dolatowski, 2009). Excuse differs because it is a legal defense that the defendant will state that some sort of personal circumstance or condition was occurring during the act, was that in nature that she or he should not be held liable for that act (Schmalleger, Hall, & Dolatowski, 2009). In turn, justification is more of physical act, and excuse is more of the status or “mental capacity” of the individual that is committing the crime (Schmalleger, Hall, & Dolatowski, 2009). Commonwealth v. Lorena Bobbitt In the case Commonwealth v. Lorena Bobbitt, Lorena on June 23, 1993 took a twelve inch knife and severed the penis of her husband John Bobbitt.
In rational choice theory, the main concept is that no one acts violently or behaves defiantly on just impulse. For example, in the movie “Set It Off” The bank robbers planned out their crime only after extensively thinking it over several times. They argued amongst each other whether the need for money, to get out of the hood and escape their various life problems, was a good enough reason to risk their lives robbing a bank. After the bickering, (weighing the cost v benefits), it was decided that their gain was enough to risk it and they committed the robbery using wigs and masks. They succeeded with that robbery and became confident that they could do it again and went on to commit several more robberies.