...We must begin to look at the different scenarios that led to the arrest of Jack after he fled a murder and attempted murder crime scene. Behind each murder or attempted murder, in this case, we must show whether individual intentions were to commit such an act and if that act was ever attempted. When one murders an individual or attempt to murder an individual, charges should be brought against them. The statutory standard for an Attempted charge is defined as ‘a person is guilty of an attempt to commit a crime if there was intent, substantial step toward committing the act, and failure to commit the crime (Lippman, 2010, pg. 191). There are three key elements behind an individual attempt at crime; “an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to commit the crime” (Lippman, pg. 191). In this particular case there should have been a charge of attempted murder as the three elements exist. In Jack’s attempt to shot Bert, it showed intent, an attempt, and, fortunately for Jack, a failure at committing the actual crime. As you can see, by the steps outlined of Jack actions, when he approached the car to kill Bert his intention were to murder an individual. Per definition murder is defined as “the crime of unlawfully killing a person especially with malice aforethought” (Merriam-Webster, 2012). The unlawful killing took place when he shot at the two individual in the car, killing Pratt, however only showing attempt...
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...employee of your police agency, Officer Ima Goodenough, is a patrol officer who often serves as a field training officer. Goodenough is generally capable and experienced in both the patrol and detective divisions. She takes pride in being of the “old school” and has developed a clique of approximately 10 people with whom she gets along while mostly shunning other officers. As an officer of the old school, she typically handles calls for service without requesting cover units or backup. She has had six complaints of brutality lodged against her during the last 3 years. For Ima and her peers, officers who call for backup are “wimps.” She has recently been involved in two high-speed pursuits during which her vehicle was damaged when she attempted to run the offender off the road. Ima will notify a supervisor only when dealing with a major situation. She is borderline insubordinate when dealing with new supervisors. She believes that, generally speaking, the administration exists only to “screw around with us.” You, her shift commander, have been angry about her deteriorating attitude and reckless performance for some time and have been wondering whether you will soon have occasion to take some form of disciplinary action against her. You have also learned that Ima has a reputation among her supervisors as being a “hot dog.” Some of her past and present supervisors have even commented that she is a “walking time bomb” who is unpredictable and could “blow” at any time. One...
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...Should the willful transmission of HIV be treated as attempted murder? The diagnosis of HIV is one of the most disturbing findings there is. HIV (human immunodeficiency virus) is the virus that causes AIDS. This virus is passed from one person to another through blood-to-blood and sexual contact (Cichocki, 2012). Sex is the most common way of passing on this disease. With the rapid increase of HIV positive people throughout the country, researchers are looking further into why it is becoming such a prevalent disease. There have been cases brought into court of diagnosed people spreading this dreadful disease to their sex partners on purpose. The judicial system is trying to pass this as an attempted murder charge. Attempted murder is when a person is purposely engaged in conduct, which is intended to cause the death of the victim (Attempted, 92). When a person diagnosed with HIV progresses to AIDS they are basically given a death sentence because this disease has no cure. Unfortunately there are people in this world who have unprotected sex with the specific purpose of spreading this awful disease. The victims are exactly that, victims, they don’t know that the person they just slept with infected them with a death sentence. The judicial system should pass a law against the willful transmission of HIV because the person contracting the disease is totally unaware of the potential danger to which they have been exposed. The harsh, life changing effects of HIV and AIDS are...
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...court was correct in dismissing the attempted murder charge. I will describe the elements of a criminal act and address impossibility and distinguish if it is a complete or incomplete attempt. I think that the courts were wrong in dismissing the charges against Jack in the attempted murder of Bert. As the textbook states a criminal intent involves a dual intent: * An individual must intentionally perform acts that are proximate to the completion of a crime. * An individual must possess the specific intent or purpose to achieve a criminal objective. To be charged with attempt there are three legal tests for the actus reus. All three ask whether an individual’s actions clearly indicate intent to commit a crime. (Lippman, M. 2007). Physical Proximity to the commission of a crime. Defendant’s actions are close to completing the crime. The focus is on the remaining steps required to complete the crime. (Lippman, M. 2007). I believe that Jack's actions of pointing the gun and pulling the trigger at Bert are the remaining step in completing the attempted murder of Bert. Whether he achieved his goal or not his intent was shown that he wanted to kill Bert. Unequivocally or clarity of purpose to commit a crime. An ordinary person looking at the defendant’s acts would conclude without a doubt that he or she intended to commit the crime without any other information. (Lippman, M. 2007). From the information provided “Jack attempted to fire again at Bert, but his gun jammed...
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...society. There are some examples of ruling in the past that Natural justice ("duty to act fairly") overcome the state laws such as "The Eichmann trial"- A jurisdiction matter and "The Weizman trial"- Sentencing a minor as an adult. This case should be an exception as well. The claims: * The attempted murder of Ralph- "Trying to unlawfully cause the death of a person" Attempted murder is an offense similar to first degree murder with the exception that an attempt is lacking the outcome of the offense (The death). As we can see in the book Jack mens rea (guiltily mind) was of intent ("intention- if one decided to kill, and killed or try to kill in cold blood, without provocation occurs immediately before the kill") to kill Ralph (Jack: "see? See? That’s what you'll get! I meant that! There isn’t a tribe for you any more…" page 181; The twins: "they're going to hunt you tomorrow" page 188), this quotes show that the kids led by Jack were ready to kill anyone in there way and implying that murder Ralph is a viable option. Jack was aware that his influence on the kids could end up with Ralph's death. Furthermore there is no evidence that Ralph provoked Jack immediately before attempting to murder Ralph. But he never got to kill him because Ralph bump into the officer, otherwise we...
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...Case Analysis Madison County v Kimberly McLaughlin Facts On September 12, 2009 Kimberly McLaughlin was charged with the murder of her mother. The facts of the case stand as such, on the morning of September 13, 2009, Shirley Robuck the mother of Kimberly McLaughlin was found in her burning home. Medical examiner determined that the victim was stabbed a minimum of 211 times before being decapitated and set on fire. Issues Defense for McLaughlin is arguing that the defendant is not guilty because of serious mental disease or defect. Defendant was found competent to stand trial, despite defense attorney’s stating she was not competent. “Under Alabama law the defendant's attorneys have to prove to a judge or a jury that she is not able to assist in her own defense and does not have a "reasonable degree of rational understanding" of the facts and the court proceeding” (Lawson, 2012, para. three). Decision The decision from the jury was the Kimberly McLaughlin was sentenced to life in prison for the murder of her mother in 2009 and found not guilty of arson charges that were filed along with the murder charges by Madison County. Reasoning The jury stated that the defense could not prove that the defendant was mentally ill or had mental defect. Opinion I have to disagree with the jury’s verdict on one side on the other the defense attorney should have worked harder to prove that the defendant suffered from mental illness. US v. Blagojevich Facts Rod Blagojevich...
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...What we should start off by saying is that the undercover officer should by now know that Mr. Assin was not the intended hit man for hire. If the undercover officers department does not come forward and assist us with this matter the following is what we are prepared to take action against. Introduction First off to have murder for hire we need to have the elements of murder and see if they had enough ground to convict on attempt to commit murder. In order to convict Mr. Assin of at least attempted murder, one must first have to prove that he was going to be the hit man first of all, and secondly they will have to prove that he was going to go out and kill sally’s husband. Definition of Conspiracy I have defined a person guilty of conspiracy as with the intent to engage or solicit in a crime be performed. Also (he/she) agrees with one or more persons to engage in or cause the performance of such acts and if any one of them commits an overt act during such conspiracy. The Elements of Murder There are at least three elements of murder we are going to look for and see if Mr. Assin is guilty of attempt to commit murder .The first element would be is there an agreement between two or more persons? This is not necessary for the state to prove if there was a formal agreement or not just sufficient evidence to prove there was an agreement to commit a crime. On the other hand circumstantial evidence is good enough to prove an agreement was made due to conspiracies...
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...Fallon Perez Psychological Theories Often times when discussing murders, people say the killer “just snapped.” In many instances, there is a downward spiral of mental and emotional damage. The killers leave behind warning signs and clues. To grasp more of an understanding of these signs and clues, one should research four main case categories: mothers who kill their children, children who kill their parents, mass murders, and serial killers. To gain better insight to these psychological theories behind homicides, this paper highlights individual cases in each category mentioned above. One of the categories to look at is mothers who kill their children. For this particular case, a prime example would be the Andrea Yates Murders. Andrea Yates was a former Texas resident, who drowned and murdered her five children on June 20, 2001. Andrea waited for her husband to leave early Wednesday morning to fill a bathtub where she would drown her five children. She began by killing the three middle children, “drowning them face first in the tub, then proceeding to put them in their beds and cover them with the sheets” (Ramsland). Then she went on to kill the six-month-old baby. Once the baby was dead, she left him floating in the tub. When she called her eldest son to the bathroom, he immediately realized the danger he was in and ran. “Andrea chased and dragged him to the tub” (Ramsland). She then struggled with drowning him, but eventually was successful but not before he could...
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...2/4/2013 Exam Question #1 Dan’s Justification a)Dan’s Pursuit of Al Use of non-deadly force to reclaim one’s property Use of non-deadly force to reclaim one’s property is allowed under the Model Penal Code if the following three conditions are met 1)the third party’s inference is unlawful 2)the intrusion was on property in defendant’s possession or property for which he served as a bailee and 3)use of non-deadly force is immediately necessary. Under common law non-deadly force may be used to protect personal property in one’s lawful possession if this force appears reasonable to prevent or terminate an immediate unlawful intrusion with that property. In this case, Dan would justify his pursuit of Al as his rightful action to reclaim his property, the handgun and ammunition. Dan would also would testify that Al’s tender of counterfeit moneys amounted to an attempt at larceny by trick. The registration papers had not been completed and Dan was still in possession of the property. Al’s attempt to leave with the property justified Dan’s pursuit of Al. The requirement to desist The Model Penal Code requires that for necessary use of non-deadly force to recapture property, the defending party must first request that the defendant desist his trespassory activity unless the defender believes this request would be useless, or put his person or property in greater danger. In this case, Dan did follow the requirement of making a request to desist, telling Al, “If you don’t...
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...Gloria Rodriguez Research in Crime & Security Professor Katherine Cho Ladies and gentleman of the jury this case involves an attempted armed robbery and murder in the first degree. Attempt is when a person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime. Armed robbery is the taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. Murder in the first degree is with intent to cause the death of another person, he causes the death of such person or of a third person (Article 125.27 NYS Penal Law). In this case, an attempted robbery and shooting occurred in a retail store named Lazar’s Clothing Store on February 14, 2011 that was managed and owned by Sidney and Sara Lazar. Unfortunately, during the attempted armed robbery Mrs. Lazar was shot and killed. Two men were involved and both wearing black leather jackets. After the shooting, the police arrived and interviewed Mr. Lazar and a bystander by the name of Mr. Green. Mr. Lazar looked through photos and identified both of the defendants, John Hudson and Dale Buckner as the two men that killed his wife. The same night, the police checked the defendants’ arrest records and went to Hudson and Buckner’s apartment to arrest them. The police found physical evidence and outside of the apartment they also saw a car matching the description of the defendants’...
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...In Perugia, Italy a gruesome murder took place on November 1, 2007. The body of Meredith Kercher was found the morning of November 2, 2007, sexually assaulted, stabbed and strangled. Initially, the police arrested three perpetrators for this heinous crime, roommate of the victim, Amanda Knox, her Italian boyfriend, Raffaele Sollecito, and Patrick Lumumba, a local pub owner. The police placed them into solitary confinement and illegally interrogated the three suspects without a lawyer, where Knox then was pressured into implicating all of them to the murder. The police hastily announced the case closed before beginning processing the crime scene and evidence, claiming that it was an orgy gone horribly wrong. Once the authorities began processing...
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...stabbed when she visited Miss Hale’s ground floor flat in Southampton for an appointment to bathe her. Tiley was convicted at Winchester Crown Court in 1995 of two counts of rape, and a further serious sexual offence, against a woman and was jailed for six years Subject to three exceptions (see Voluntary Manslaughter below) the crime of murder is committed, where a person: * of sound mind and discretion (i.e. sane); * unlawfully kills (i.e. not self-defence or other justified killing); * any reasonable creature (human being); * in being (born alive and breathing through its own lungs - Rance v Mid-Downs Health Authority (1991) 1 All ER 801 and AG Ref No 3 of 1994 (1997) 3 All ER 936; * under the Queen's Peace; * with intent to kill or cause grievous bodily harm (GBH). Mens rea for David- intention to kill. Actus rea stabbing, rape. Faced life after admitting to the murder of both girlfriend and carer. Law of Murder A murder conviction carries a mandatory life sentence. The judge passing sentence cannot pass a lesser sentence no matter how mitigating the circumstances might be. There exist three partial defences to murder which may...
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...“Invitation To Murder” took place in New York city, New York during modern time in Mr. and Mrs. Abott’s room. The author Josh Patcher used situational irony. Patcher creates an allusion that a action will have a certain effect but takes an unexpected turn. Many parts of the story, even the title involves situational irony. Mr. Abott’s medication and trip skiing created situational irony. Mrs. Abott tried to blame the detectives for the murder of her husband until the men proposed an unexpected turn. The name labeled as care giver made to represent Mrs. Abott toward her husband introduced situational irony. The men taught to obey the law began to lead to situational irony. —The title of the story “invitation to murder” introduced situational irony. It was provoked when Mrs.Abott made well known detectives arrive at her house in order to accuse them for the murder of Mr.Abott. When Mr.Abott traveled on vacation he had an accident. When skiing he tumbled, resulting in him becoming paralyzed. The occurrence of going on vacation does not usually bring out the outcome of a possible paralyzed human being. In the the resolution of the accident Mr. Abott was put on a certain medication. The medication was poisonous to most humans, but in Mr.Abotts case it was his cure. Mr.Abott had to take the...
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...Ivan Milat The backpacker murders were a spate of serial killings that took place in New South Wales, Australia, during the 1990s, committed by Ivan Milat. He was born on 27 December 1944 at Guildford, New South Wales, Australia. Ivan Milat was a serial killer that targeted back packers. His way to target people was to offer lifts to people and would offer them to help them in many different ways and would take them to the woods or forest and torture them in different ways and use different type of methods. For males he would take them tie them up torture them and then after he was done he would murder them and females he would tie them up rape them and torture them and kill them in different ways. A total of seven backpackers went missing...
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...Capital punishment, also called death penalty, is the execution of an offender sentenced to death after conviction by a court of law of a criminal offense. The practice of executing people for certain crimes is very old; in fact, the term itself dates to a Latin root, capitalis, which means “of the head,” a reference to a common execution method used in Roman times. Currently 58 nations actively practice it, 97 countries have abolished it, and the remainders have not used it for 10 years or allow it only in exceptional circumstances such as wartime. However, It is a matter of active controversy in various countries as it violates human rights. What Is Capital Punishment Capital punishment is a practice in which prisoners are executed in accordance with judicial practice when they are convicted of committing what is known as a capital crime or capital offense. In other words, capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. History Of Capital Punishment Early Laws The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh...
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