(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.
Plus the car she pulled over matched the description of a vehicle that killed a fellow officer. Was the “pat-down” of the driver legal? Officers have the right to do a pat-down search of the outer clothing to see if the suspect has any weapons when stopped with reasonable suspicion and when the Officer has a reasonable fear for his or another person’s safety. “Officer Smith conducted a Terry Frisk, which requires a reasonable suspicion the subject might be armed (Anti Essay)”, since the car she pulled over fit the description of a vehicle that killed a fellow Officer, she had the right to pat-down the driver for her safety. She had to stay alert because she did not know what the subject might do, so she had to do the pat down to make sure the subject was not carrying a weapon that could harm her.
"Prosecutor Says Officers Hit Passengers in King's Car," L.A. Times, March 6, 1993. King then grabbed his buttocks which Officer Melanie Singer took to mean King reaching for a weapon. King was later found to be unarmed. She drew her pistol and pointed it at King, ordering him to lie on the ground. Singer approached, gun drawn, preparing to effect an arrest.
Criminal Law Paper Carolyn Waddell-Tillman 354 February 7, 2014 Professor William Heiman Criminal Law Paper Arrest Search and Investigation DNA Cheek Swab Maryland v. King, 569 U.S._ (June 3, 2003) The defendant was arrested in 2009 for menacing a group of people with a shotgun, the defendant was charged in state court with assault, where he was processed for detention custody at a central booking facility. Booking personnel used a cheek swab to take the DNA sample from him pursuant to the Maryland DNA Collection Act. His DNA was uploaded into the Maryland DNA database and matched a 2003 sample from an unsolved rape case. He was charged and convicted in the rape case (criminallawresources.com) What interested me about this
The 2nd Amendment states “a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” B. The 7th Circuit Court of Appeals in the December 11, 2012 case, ruled 2-1 that the 2nd Amendment’s right to bear arms “must be interpreted to include a right to have a concealed
The Fourth Amendment to the U.S. Constitution reads as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized[1] (Constitution, 1789).” b. The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. According to http://criminal.findlaw.com/, in most instances a police officer may not search or seize an individual or his or
The pat down of the driver was very much legal based off of reasonable suspicion of the vehicle’s description. A car fitting a similar sketch was involved in an unsolved crime. According to the Terry v. Ohio case, the pat down of the driver was considered to be legal and is mainly for the protection of the officer because the driver could be armed and dangerous. Terry frisks are basically a pat down of the body and the outer layer of garments for weapons that is justified by an officer’s certainty that a suspect is
For example, If a suspect broke into a home, robbed a victim and assaulted another individual and then murdered Them both. The only offense that is reported in this case would be Murder/ Homicide. The UCR System does not collect all the data relevant to the particular crime. (Justice, 2004) The UCR system Only reports crime known to the police, however, there are a few exceptions to the hierarchy rule which Include homicide that is justifiable, arson, and motor vehicle theft, (Justice, 2004) which are reported to The FBI statistics. The UCR reports the following crimes: Serious Violent Crimes Murder/ non-negligent manslaughterForcible RapeRobberyAggravated Assault Serious Property Crimes BurglaryLarceny- theftMotor vehicle theft/ Attempted motor vehicle theftArson | In fact, more than 66% of all crimes are not violent or serious property crimes.
Crime data’s are divided into personal/violent crimes, property crimes,’ burglary, murder, arson, and robbery (Federal Bureau of Investigation, 2010). I have decided murder to go with Los Angeles- Long Beach-Santa Ana, CA and Kansas City, MO. I also have decided to compare the murder of both. Second, In 2010 Kansas City, Mo had 5,506 total of violent crime, and City of Los Angeles had 21,484 total of violent crime("Federal Bureau Investigation ", 2010).. City of Los Angeles had more incidents out of Kansas City; Mo. City of Los Angeles had a lot of different incidents reported like: Murder and nonnegligent manslaughter, Forcible rape, robbery and aggravated assault.