Criminal Law Essay

Submitted By tuffsuga2002
Words: 741
Pages: 3
Open Document
Scenario 1 Paul is guilty of Voluntary Manslaughter for the killing of Larry. Paul is guilty of this because he did it without malice and it was a Heat of Passion crime (Boling,2012). The killing would ordinarily be murder, but because of the mitigating factor (Paul found his wife in bed with his partner Larry), Paul did not have the requisite state of mind for murder (Criminal law for the Criminal Justice Professional, 2003-2009). However, Paul is also guilty of 1st degree murder for killing Susan. Paul is guilty of this because he had plenty of time to cool off, in fact he drank a beer while watching football. It was therefore pre-meditated because he had plenty of time to deliberate with himself. Paul went and purchased a gun to kill Susan. Murder in the 1st degree is committed when an intentional killing that is aggravated by premeditation and deliberation, which is exactly what Paul is guilty of (Criminal Law for the Criminal Justice Professional, 2003-2009).

Scenario 2 Tom is guilty of murder under the felony-murder rule, because he was in route from committing a felony, which was robbing the Commerce National Bank in Tampa. The felony-murder is when you are guilty of murder if he or she killed another person, even accidentally, during an attempt or perpetration of a felony or while in flight from the perpetration of the felony. So Tom is indeed guilty of murder under the felony murder rule, he intentionally robbed a bank which is a felony so everything that happened during or after is also a felony.(Criminal Law for the Criminal Justice Professional, 2003-2009)

Scenario 3 Joe can be tried for murder because for one he cause the initial assault that caused Frank’s suffering, which was a result of an argument between the two. Joe also can not assist Frank in suicide. The act of aiding and abetting another to commit suicide has been made criminal by statuses in 39 states and is still punishable as a common law crime in approximately 6 states. Some states have not yet had to address the issue but Oregon is the only state that has legalized physician-assisted suicide in certain circumstances. People vs. Cleaves (1991) and People vs. Hearn (1998) are examples of cases that involved assisted suicide.(Criminal Law for the Criminal Justice Professional, 2003-2009)

Scenario 4 She can be charged with Vehicular Homicide, because she was operating a motor vehicle when she recklessly swerved to avoid hitting a dog striking two children, killing them. Vehicular Homicide is when the perpetrator caused a death while operating a motor vehicle, either by gross negligence or while under the influence of alcohol or other drugs (Criminal Law for the Criminal Justice Professional, 2003-2009). She can be charged with Vehicular Homicide.
Show More

Related Documents: Criminal Law Essay

Criminal Law

Chapter 1, Page 22, Question 5: What are some important differences between civil law and criminal law? Civil Law is the branch of law that deals with all private and public rights while criminal law is the branch of law that punishes wrong acts against the public. 2) What is the Bill of Rights? What freedoms do the First Amendment Guarantee? The Bill of Rights is the first ten amendments to the U.S. Constitution. The first ten amendments protect individuals against different types of interference…

Words 3797 - Pages 16

The Importance Of Criminal Law

The law enforcemenr arm of the State can detain people suspected of criminal actMq', can EVIDENCE ACT I 995 - SECT l4l - Criminat proceedings: standard of proof interrogate, can lay charges and can bring matters before the courts. Given the dispariry of power beween an indMdual and the State it is important that the State power be limited through the imposition of standards on law enforcement officials. Several laws detaii how the police should conduct themselves in regard to criminal law matters…

Words 1649 - Pages 7

Substantive Criminal Law

of the substantive criminal law of each country. This paper will compare the substantive criminal law between the three countries. Furthermore, this paper will explain how the definitions of criminal responsibility differ between Australia, Canada, and the U.S. The similarities and differences of substantive law as they appear in the legal traditions of the three countries will also be looked at and identified. This paper will also explain the effects of public and private law within the countries…

Words 1040 - Pages 5

Vagueness In Criminal Law

Vagueness in criminal law is a “declaration that a law is invalid because it is not sufficiently clear”. Whereas, the due process clause promised that before “depriving a citizen of life, liberty or property, the government must follow fair procedures” ("Vagueness doctrine | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute," n.d.). ‘Constitutional rule requires criminal laws to state explicitly and definitely what conduct is punishable’("Due Process | Wex Legal Dictionary /…

Words 283 - Pages 2

A Note On Criminal Law

do not have the ability to change the guidelines of a testamentary, and the judge states, “I cannot find any support for the argument that the respondent’s succession to the property should be avoided because of his criminal act, when the laws are silent”(152). Therefore the criminal act and the testamentary should be handled as separate means in the courts, and the courts can simply not interfere with a dead man’s final testamentary. Public policy does not specifically define what should happen…

Words 379 - Pages 2

Essay on Criminal Law

the course of justice 1. s143 (ii) Attempted murder 2. s283 (iii) Assaults 3. in s222 (b) General attempt provisions In the absence of a specific attempt provision, these general provisions make it an offence to attempt any offence in the criminal code. (i) Attempting an indictable offence 4. s552 1. Any person who attempts to commit an indictable offence is guilty of a crime 1. The sentence is half of that of the principal offence, or 14 years where life is the sentence (ii) Attempting…

Words 4697 - Pages 19

Scots Criminal Law

Causation in terms of Scots criminal Law refers to whether the act or omission of a persons conduct caused the particular harm or damage. It is fundamental that in all result crimes causation must be established. However, by itself causation of a particular event is not sufficient enough to form legal liability meaning it has to be combined with both mens rea and actus reus to prove criminal responsibility per result crime. In criminal liability causation is separated into two parts; factual and…

Words 1173 - Pages 5

Needlesness In Criminal Law

agreed the majority should have applied the Katz test along with the historical trespass analysis. As the NACDL pointed out, “Justice Alito would have applied the privacy test instead of the trespass analysis stating that ‘the court reliance on the law of trespass will present particularly vexing problems involving surveillance that is carried out by making electronic, as opposed to physical, contact with the item to be tracked.’” The NACDL endorsed similar concerns (non-trespass surveillance and…

Words 872 - Pages 4

Questions On Criminal Law

grounds of appeal, it should be sent to the Crown Court where you were convicted or sentenced. The Crown Court will then copy all the documents used at the trial and send them, with Form NG, to the Criminal Appeal Office, which provides administrative support to the Court of Appeal. Contact details for the Criminal Appeal Office are given at paragraph D below. If you wish to apply for legal aid for a barrister or solicitor advocate to represent you at the appeal hearing if the judge gives you permission…

Words 3830 - Pages 16

Defence Of Criminal Law

replacement of provocation with a new partial defence to murder called loss of control. Amending the law on diminished responsibility, as laid down by s2 HA 1957 1 These new rules only apply to murderers after the 4th of October 2010, for murderers convicted before that date, the old rules still apply. The first of the two defences of murder is loss of control. This is what replaced the common law defence of provocation. The previous partial defence of provocation has elements that are common to…

Words 4918 - Pages 20