Free Essay

People vs Palmer

In:

Submitted By sellsemmanuel
Words 404
Pages 2
Emmanuel Sells
11/4/13
BUS 154
People Vs. Palmer 2013 Cal. LEXIS 4341

FACTS: The defendant, Aaron Palmer, was convicted of multiple felonies for having fired gunshots at several victims. The district court sentenced Palmer to the Department of Corrections for a substantial period of time and imposed a concurrent term for the single count of conspiracy to commit reckless manslaughter that is at issue here. On appeal, Palmer argued that conspiracy to commit reckless manslaughter is not a legally cognizable crime in Colorado. Noting that conspiracy is a crime requiring a specific intention to achieve the forbidden result and that reckless manslaughter is a crime requiring recklessness with respect to the result, Palmer argued that it is logically impossible to specifically intend that an unintended death occur.

ISSUE: Does a conspiracy require that the conspirator intend to cause a particular result?

LAW: A person acts “intentionally” or “with intent” when his conscious objective is to cause the specific result proscribed by the statute defining the offense. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.” § 18-1-501(3).
ANALYSIS: The crime of conspiracy requires two mental states. First, the defendant must possess the specific intent to agree to commit a particular crime. Second, the defendant must possess the specific intent to cause the result of the crime that is the subject of the agreement. Specific intent is an integral part of the crime and must be established with the same certainty as any other material element of the crime. The People argue that the crime of conspiracy to commit reckless manslaughter, if recognized, would not require the defendant to specifically intend the death of the victim, and therefore such an offense would not be a logical impossibility. We disagree. Although a superficial reading of the conspiracy statute might support the People's argument, it is necessary to analyze the statute together with the legislative definition of specific intent and with our prior case law interpreting the crime of conspiracy in Colorado. In doing so, we reach the conclusion that a crime of conspiracy to commit reckless manslaughter would indeed pose a legal and logical conflict that is irreconcilable

CONCLUSION: conspiracy to commit reckless manslaughter is not a cognizable crime.

Similar Documents

Premium Essay

Property Is Still One of the Safest Assets to Invest in

...do you agree with this statements? The economies of many countries, currently, are not yet stable. Some economies are returning from the recession, some are continuing to get worse. People are looking for a new business or a new job to earn an additional income. In this difficult economic situation, where everything is not always stable, people are looking to invest in something that will pay them compensations for at least a decade. Property, any physical or intangible entity that is owned by a person or jointly by a group of people, has been said to be one of the safest assets to invest in since property always plays a big role in driving an economy. This essay will state the reasons why property is no longer one of the safest assets to invest in. There are three parts that are going to be included in the essay: reasons for investing in property, property versus other types of investment, and problems with property. Reasons for Investing in Property Property is one of the investments that every investor should focus on because it is one of the safest assets to make an investment in. Firstly, property is a good collateral asset. It is acceptable to be a secure loan for lenders. As its value increases, borrowers can ask for more money to borrow from banks or financial institutions (Palmer, 2011). Secondly, property always gives returns, which are greater than the increase of inflation or the interest rate at the bank. According to Bowsher (2010), with an investment of £1...

Words: 1265 - Pages: 6

Premium Essay

Grow Your Staff

...turnover rate (110% versus 90%). | Customer | Customer Satisfaction Rate Customer Recommendation Rate (rate of new business generated by recommendations from existing customers) | 95% 40% | 80% 45% | Customer satisfaction was lower than expected (80% versus 95%), while customer recommendation rates were higher (45% versus 40%). | Internal Processes | Duplicate Activities Across Functions (percent of the activities completed that are duplicated in another function) Process Automation (percent of the processes employed in production activities that are automated) | 5% 50% | 10% 48% | Duplicate activities across functions were higher than the goal (10% versus 5), while process automation was just a bit lower (48% versus 50%). | People Innovation Growth Assets | Employee Turnover Employee Job Satisfaction | 10% 95% | 15% 90% | Employee turnover was higher than anticipated (15% versus 10%), while job satisfaction was lower (90% versus 95%). | Recommendations based on identified Gaps: Financial Profits were higher than anticipated, as was inventory turnover. This was tied to the findings that inventory from the current quarter was all sold, and due to the surge in popularity for the company's products, inventory left over from last quarter was sold to customers as well. Given the recent contract, the company will probably need to expand its production and warehousing capacity to make enough pickles to satisfy future demand Recommendations based on identified Gaps:...

Words: 1012 - Pages: 5

Premium Essay

Ethics

...Spinner November 7, 2013 Introduction When an organization is implementing a change its alters the environment as a whole. Management changes, so does the policies being enforced and so does the ethics of the organization. Organizational ethics include culture, trust, process and outcomes. Ethics A management team has to adapt the new vision and utilize it to have a successful organizational change. “A lack of vision” Palmer, Dunford, & Akin (2006) is associated with organizational decline and failure. “Visions are sometimes confused with goals and mission statement and organizational values” Palmer, Dunford, & Akin (2006). This is a very important part of ethics, because if everyone does not have the vision and goals as a whole the ethics will also not be in unity. Ethics is defined as “ moral principles that govern a person’s behavior or the conducting of an activity”. “In organizational terms, ethics are beliefs about what is right and wrong, they provide a basis for judging the appropriateness or not of behavior and they guide people in their dealings with the other individuals, groups and organization”. Reflections: Ethics and Organizational Change-. (2009, December). Journal of Change Management, 9(4), 359-381. Retrieved from http://www.uop.com When a company makes a change the organization is still obligated to protect the companies employees and the organization as a whole. This means that the company has to make sure the employees are comfortable...

Words: 537 - Pages: 3

Premium Essay

Western and Eastern Cosmologies

...will interpret cosmology in a philosophical, literary perspective to study “cultural perspective which the universe is shaped, ordered, operated, and men's role in it.” The goal in this essay is to illustrate philosophical, literary similarities and differences between Eastern and Western cosmologies by using King James' The Fall and David Cusick's The Iroquois Creation Story. The Eastern and Western cosmologies are defined by philosophical and literary perspectives, not based on geography, culture, and language. The Eastern cosmology is based on collectivism and Yin and Yang. Yin and Yang is Chinese philosophy which describes “opposite or contrary forces and actually complementary, interconnected, and inter-depended in the natural world (Palmer, 25).” This means that evil is necessary for good to exist and vice versa because they complement each other. Collectivism is “the idea that the individual's life belongs not to him but to the group or society of which he is merely a part, that he has no rights, and that he must sacrifice his values and goals for the group's 'greater good (Biddle)'”. For example, if you want to be an artist but your community needs...

Words: 1411 - Pages: 6

Premium Essay

Operations Management

...Assignment: Arnold Palmer Hospital, Nummi, PM 1a * Arnold palmer Hospital appropriate product or service * Definition of Fitness Fitness of purpose as defined by the customer? Better performance, nice features, and other improvements * Compliance and value Benefits from a product vs what was given in exchange Communication, taking care of the patient and provisions for families, caring staff, the best medical staff, better performance, nicer features, other improvements 1b 1. Continuous improvement in service and quality Arnold Palmer have put in place several process improvement teams in the following sectors of the hospital divide into women’s, children’s , infant, medical and staff services where everyone works and owns the process improvement, They would supply questionnaires, surveys asking what patients thought of it service during or after their stay, and they would try and improve this before the patient left the hospital. 2. Put everybody in the company to work on the transformation Everyone owns the process improvement initiative at Arnold palmer hospital Starting at the grass root level where staff would track performance then delivered to the executive level where it would be measured Each part of the hospital would set their own standards and measures which all helps focus on the same visions and goals set out by APH 3. Support, help, improve Arnold palmer provided a support and help service by having a 24hr ph service...

Words: 1759 - Pages: 8

Free Essay

Boing

...In late 2003, the company of Boeing was the worst of its life. However, it was changed some market demand and solved the technology issues, then slowing to improve.  According to the case study (Boeing), the six-box organisational model provides a framework that succinctly identifies the key factors at the centre of the Boeing situation. It explains the following according to Palmer et al. (2009): 1. Strategy – was to update their technology systems, downsize their operations, and re-establish relationships with their suppliers and the only feasible way costs could be cut. 2. Structure – the problem of 1994 airbus which shocked the management executives and began a series of changes that were implemented to overcome the bureaucratic structure, outdated technological systems, and unnecessary processes in a company that had reportedly changed. 3. Systems – Boeing adopted the principles of lean manufacturing and aimed to rejuvenate their reputation by making their production more efficient. The object of the project was to implement an automated system of assembly lines. 4. Style – the decision was made to diversify from the traditional commercial airline industry and the many acquisitions that were made created integration issues for the company. The aim again was to add more stability to the business by diversifying into information services and the space industry that providing services with elevated margins that would reflect on Boeing’s bottom line. ...

Words: 881 - Pages: 4

Free Essay

Computer Oss Comparison Essay

...2007). As it is stated above Torvalds creation was a key proponent in creating the Open Source Movement, which has paved the way for the many distributions of the Linux Kernel. In the beginning Linus Torvalds was an IT student with the desire to test the limits of his current computer. During this time Torvalds was working with the MINIX OS which was create to be a cheap alternative to UNIX. Torvalds wanted to modify the kernel of MINIX and found that this was not possible so he began to create Linux. In the beginning Linux did not offer a lot of features and seemed to be lacking in ability (Diedrich, 2011). Torvalds made Linux 0.01 available to the public via an FTP server on September, 17, 1991. Linux 0.01 had a good reception among people who liked using MINIX or UNIX but found those OS’s to either to be too limited or too expensive for their needs. This spawned a new culture which helped to write drivers for Linux or would give suggestions directly to Torvalds. Once Linux hit...

Words: 1869 - Pages: 8

Premium Essay

Determinism

...Determinism vs Free Will “Determinism is the thesis that everything that occurs happens of necessity.” (Palmer, pg 220). The question of free will is one which has been hotly debated for millennia. Some people believe that humans have the capacity for free will - the ability to choose their actions without being forced to follow a certain course by either by the influence of others or by natural laws. For many theists, free will is regarded as a special gift from God. The notion of human free will is also an important premise for a lot of what happens in human society, in particular, when it comes to our legal system. Professor Embree stated in class free will is necessary for the notion of personal responsibility (Embree, 10/14/14). If people do not have free will, then it is difficult to argue that they are personally and morally responsible for their actions - and if that is the case, how can they be punished for their misdeeds? Free will and determinism are two major theories that have been argued throughout time in order to explain the way individuals’ lives are projected and set up throughout their lifetime. Others, however, argue that if the universe itself is deterministic in nature, then human actions must also be deterministic, thus, modern determinism tends to be an outgrowth of modern science. If human actions simply follow the course of natural law, then it is difficult to hold that those actions can be "freely" chosen. Those who advocate determinism run into...

Words: 498 - Pages: 2

Premium Essay

Zeyton Manning Case Study

...Conference weekend is here, and the last 4 teams are the top 2 seeds of each division. So in other words let’s get ready for some good old fashion AFC and NFC showdown. First game of the day will be the New England Patriots vs the Denver Broncos. As much as we know that football is a game about the team and how the team plays, like in most sports, we still can’t get pass the Tom Brady vs Peyton Manning match ups. There has been a total of 16 games played against each other and Brady has the edge, winning 11 out of those 16 meetings, 2 of those wins were in the playoffs. As much as we want to make it about these two players let’s not forget the other key ingredients that make them great. Both these teams have had issues with the wide receiver position both teams have had main players drop a lot of open passes some of those drops have come on deep passes or on a quick catch and run. In Peyton Manning’s case it has been a lack of accuracy throughout the year I guess we could blame that on the surgeries and age but let’s be honest he has not been playing like his old self, but what player at his age does. In Brady’s case it has been an issue with all wide receivers even with the second leading receiver in the team Julian Edelman. One thing is for sure between these two quarterbacks it...

Words: 753 - Pages: 4

Premium Essay

Breastfeeding Is Bad for Business

...with a global capitalist, consumerist, profit maximizing, goal. Even more interesting, this system is no longer controlled by nations. The very governments which encouraged strong capitalist minded companies are no longer in control of the supra-national organizations. Multinational companies, having exhausted their home markets, have reached to the underdeveloped regions in search of resources, and ultimately profits, in an effort to continue growing their business. Successful firms with flourishing international businesses and markets are not necessarily a negative outcome. The situation we see today however involves a world in which several multinational companies actively search for profits in the third world, regions in which people may not have enough resources to adequately support themselves in the first place. “We are part of an economic pattern which stimulates desires rather than satisfy needs in order to perpetuate itself.” These...

Words: 8063 - Pages: 33

Premium Essay

Breast Cancer Research Paper

...technology and medical advances, there has been a decline in mortality rates due to breast cancer. Since 1989, there has been an increase in breast cancer survivorship (“U.S. Breast Cancer Statistics”). Most people don’t consider that these women have to face challenges and hardships after cancer. Due to the traumatic experience, many women are left with psychosocial...

Words: 1242 - Pages: 5

Premium Essay

Rock And Roll Vs. Hip-Hop Influence

...Rock and Roll Vs. Hip-Hop Influence Everyone knows that rock and roll and hip-hop are two completely different sounding genres, but why is that? Well, rock and roll uses heavy lead guitar to lead the band with while hip-hop uses vocals as their main point of interest. They sound drastically different, but they share many of the same roots. They share jazz, rhythm and blues, folk/gospel, and plain old blues. Where the music is different is when rock uses a little more blues influence while hip-hop uses soul influence. This leaves the question, “which is more influential?’’ and to get to that point, this paper will explain how both genres are influential in their own ways, and then he or she can compare the two so one can decide for his or herself. First, one should learn what rock and roll is, where it started, who influenced it, the controversies of it, and then all of that again but for hip-hop. So what exactly is “rock and roll”? Rock and roll (also known just as...

Words: 1402 - Pages: 6

Premium Essay

Leadership and Performance in Workplace

...Leadership and Performance in the Workplace Leadership and Performance in the Workplace At Woody’s Veneer Factory there are many issues that are affecting the success of this establishment. For one there is an absence of a team work ethic. In order for the company to become more successful the floor workers and managers need to develop a team like mentality. Another element that would contribute to the organization would be finding leadership theories that would improve the performance of the workers. After these have been solved the company needs to discover the difference between managing employees and being a leader. The only way the company can hope to overcome their obstacles is by taking the necessary steps in overcoming the elements that are working against the success of Woody’s Veneer Factory. Group & Team Concepts With there being many different group and team concept that could benefit the factory of Woody’s and Veneer if ran in the proper sequence. When working together in a group this includes the employees and the management teams as well. Working as a team would be most beneficial if it was a positive experience. While working with a team it is important to be able to work with others that balance each other’s strengths and weaknesses. In the factory setting such as Woody’s and Veneer they seem to lack working as a team, employees seem to put their own problems and feelings above the groups needs which causes a lot of issues and then of course stress...

Words: 1921 - Pages: 8

Premium Essay

Mass Media Control

...Mass Media Control Tambela Vaughn Everest University Brandon Online Abstract The research included within this paper is several online articles, periodicals, and related books to mass-media control and its psychological adaptation in an individual’s mind. I also performed a media and mind control case study. I used my family for the subjects; my older sister who is a Licensed Practical Nurse (L.P.N.) and my mother who is a widow, an evangelist, and retired home nurse, for the control group, and my nephews who are fraternal twins, age thirteen for the experimental group. My observations were to observe both groups for a week during different intervals of media exposure. My nephews, the experimental group, were observed during and after watching television, using the computer, and listening to music. They were then observed when these forms of media were limited. My mother and sister, the control group, were observed during the limited periods of their television usage and listening to non-secular music. I believe there is direct correlation between adults and children who watch and listen to obsessive amounts of television, movies, news, and popular music and aggressive behavior, stress, dispositions, and sleep and eating habits. The case study observations supported this theory. Keywords: mass media, mass-media control, aggressive behavior, perceptions, adverse misconceptions, psychological adaptation, media nationalism, suggestive media, groupthink nationalism...

Words: 2933 - Pages: 12

Free Essay

The Way of the World

...Preface ...............................................................................................2 Introduction ......................................................................................3 Chapter I – The Way of the World 1.1 In General ..................................................................................8 1.2 True Wit and False Wit ............................................................9 1.3 Courtship and Love .................................................................14 1.4 Invention vs. Reality ................................................................18 Chapter II – The Importance of Being Earnest 2.1 In General ................................................................................22 2.2 True Wit and False Wit ..........................................................23 2.3 Courtship and Love ................................................................28 2.4 Invention vs. Reality ...............................................................32 Conclusion .....................................................................................36 Résumé ...........................................................................................40 Notes...

Words: 13764 - Pages: 56