While Louie, Billy, and Smokey can all be charged with federal crimes in relation to the bank robbery, Billy can also be charged with the murdered of his estranged wife. In the case of his murdered wife, the state would be responsible for pressing charges for that crime because the murder was completely separate from the bank robbery. Just because it happened on the same day as the robbery, there is no connection between the two crimes.
When Louie and Billy were arrested at the home of Smokey, the fact that they had the stolen money, and probably left behind evidence at the crime scene, it would be difficult to plan an effective defense against the bank robbery charges. When the two innocent people were killed during that robbery, the law is clear that any deaths occurring committed during the commission of a crime, are considered as murder and eligible…...

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References

Abrams, Norman. (1989). "The New Ancillary Offenses." Criminal Law Forum. 1(1), 1-

39. Print.

Carper, Donald, John McKinsey, Bill West. (2011). "Understanding the Law." Mason:

Ohio. South-Western. Retrieved from  http://books.google.com/books?id=x0IcppkdabEC&pg=PA230&dq=parties+to+a+crime&hl=en&ei=4SKBTpXkAarm0QGrm-Fy&sa=X&oi=book_result&ct=result&resnum=4&ved=0CEQQ6AEwAw%20//%20v=onepage&q=parties%20to%20a%20crime&f=false

Criminal Law
When can an actus reus be a failure?

Actus reus generally involves three elements: (1) a voluntary act or failure to perform an act, (2) that causes, (3) a harm condemned under a criminal statute (Chapter 4: Actus eus, p. 39).The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having a guilty state of mind.

As a basic rule there can be no criminal liability for a failure to act (omission), unless at the time of the failure the defendant was under a legal duty to take positive action (TUFAL, p. 2).

A positive duty to act arises under the following constellations:

(a) Duty arising from statute: Examples are filing tax returns, professionals reporting child abuse or registering firearms.

(b) Duty arising from contract: Examples would be the babysitter, the doctor or the lifeguard.

(c) Duty arising from status relationship: Here…...

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References

Actus reus: automatism, accessed 30 September 2011

Criminal Liability and Actus Reus 76. 1-6. Accessed 30 September 2011.

... > Law and Legal Issues>

Criminal Law Foundations Evaluation
Criminal Law Foundations Paper

Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of a republic that dictates the roles, responsibilities of different arms of the legal and criminal justice system that ensure social equity and coercion. It is recognizable that each state has a unique political system characterized by "checks and balances" that separate power of authority, control, and legislation of the state. As such, scholars such as Thomas Aquinas of the medieval period considered the constitution as the divine power of the state that should be delivered in manners that ensure safety of the public and those in power. It is also recognizable that the constitutions of different states such as the U.S. have provision safeguards the interests of its citizens (Baron, 2003).

Discussion

This research paper focuses on the safeguards provided…...

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References

Baron, S.W. (2003). Self-control, Social Consequences, and Criminal Behavior: Street Youth and the General Theory of Crime. Journal of Research in Crime and Delinquency. doi:10.1177/0022427803256071

Becker, G.S. (1968). Crime and Punishment: An Economic Approach. Journal of Political Economy. doi:10.1086/259394

Cohen, L.E., & Felson, M. (1989). Social Change and Crime Rate Trends: A Routine Activity Approach. American Sociological Review. doi:10.2307/2094589

Gould, J.B., & Mastrofski, S.D. (2004). Suspect Searches: Assessing Police Behavior Under The U.S. Constitution. Criminology & Public Policy, 3, 315 -- 362. doi:10.1111/j.1745-9133.2004.tb00046.x

Criminal law is defined at both the state and federal level of American government. In the United States, "most crimes ...are established by local, state, and federal governments," with the exception of common law crimes ("Criminal Law" 2010). There are some definition of crimes that vary significantly from state to state, but for the most part states confer to the Model Penal Code. Criminal law is the aspect of government that focuses on the prosecution of acts defined as crimes at the local, state, or federal level.
Criminal law therefore invokes constitutional clauses such as the due process of law. Individual citizens have the right to legal representation and are theoretically equally protected under the law. Criminal law therefore serves several distinct and sometimes conflicting fronts: the prosecutor (usually the local, state, or federal government); the victim of the crime; and the defendant or accused.

When a crime is perpetrated, any suspects…...

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References

"Criminal Law" (2010). Cornell University Law School. Retrieved online:  http://topics.law.cornell.edu/wex/Criminal_law 

Hornberger, J.G. (1990). The forgotten importance of civil liberties. Freedom Daily. July 1990. Retrieved online  http://www.fff.org/freedom/0790a.asp

Criminal Law
Every country regardless of its size and location has some form of criminal law existing. This law helps the country define punishable offenses and includes country's stand of such concepts as self-defense, necessity, insanity, negligence, and complicity. Criminal law is clearly written law in other words, it is a codified law. In the United States this codified law is known as the Model Penal Code which has helped in recent reforms of criminal codes in many major states. But laws in one state may not be similar to laws in another and this applies to criminal law as well. For example even though the Model Penal Code is followed by all states to shape their criminal law, the local version of law in one state is quite different from the same in another. This means that no two states in the country has similar criminal law.

Criminal statutes are meant…...

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REFERENCES

Jerome Hall. General Principles of Criminal Law. Bobbs-Merrill. Indianapolis.

1) 1960.

2) George P. Fletcher. Basic Concepts of Criminal Law. Oxford University Press. New York. 1998.

3) Thomas J. Gardner & Terry M. Anderson, Criminal Law Wadsworth Publishing 2002

In the spying story, the FCNL position is that spying on American citizens (tapping phones) without a warrant is illegal. The FCNL article gives visitors to the site the data on which Senators and members of the House voted for and against legislation referring to warrantless wiretapping. "Senate condones warrantless spying program," the headline reads, and the story outlines the 68-29 Senate vote that basically grants "blanket immunity to phone companies that broke the law" by allowing the Bush Administration to have access to private phone records as part of the "war on terrorism." The House, meanwhile, passed a bill 213-197, that "restores court oversight to the government spying program" and also holds the big telecommunications companies (Verizon, att, etc.) accountable for handing over the private phone records to the government without a warrant that requires them to do so.
The FCNL site quotes from the Fourth Amendment to the…...

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Works Cited

American Civil Liberties Union. (2008). "Become a Card-Carrying Member of the ACLU."

Retrieved April 19, 2008, at  http://www.aclu.org .

Friends Committee on National Legislation. (2008). "A Quaker Lobby in the Public Interest."

Retrieved April 18, 2008, at  http://fcnl.org/index.htm .

Criminal Law
Justification Letter:

Mr. Mayor:

I would like to inform you of my opinion regarding the shooting incident that transpired at 2 a.m. involving Police Officer Jones. While walking the beat after midnight in a high crime area, Officer Jones was approached by a civilian who claimed to have been assaulted and robbed by an assailant. The victim described her alleged assailant as wearing a red shirt and white pants. Further identification was impossible because the witness says her attacker was wearing a ski mask at the time of the crime. The victim was able to determine that her assailant was approximately 5'8" and that the perpetrator was in possession of a gun. Doing the appropriate thing, Officer Jones called for medical attention for the woman and for backup.

While awaiting assistance, Officer Jones noticed an individual approaching carrying something in his or her right hand. The officer identified herself as a police…...

Criminal Law
Juvenile Homicide Cases: Florida v. Tate and Florida v. King

In Florida v. Tate, the facts supported charging the defendant with murder as well as charging him with a variety of lesser-included offenses, including the different levels of homicide and aggravated assault. However, there was no evidence of other crimes like kidnapping or conspiracy. In Florida v. King, the facts supported charging the juvenile defendants with conspiracy to commit murder. However, the facts also supported charging the adult defendant with sexual assault of a minor, conspiracy to commit murder, and it looks as if either harboring a runaway or kidnapping charges might also have applied to him.

Based on the facts in the case, the defense attorney in Florida v. Tate took an unusual approach in his defense of Tate. The injuries described in the articles about the case simply do not support the theory that the death was the accidental…...

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Works Cited

Canedy, Dana. "Florida Boys Convicted in Father's Death; Family Friend is Acquitted in Separate Trial." The New York Times. 7 Sep. 2002. Web. 5 Mar. 2012.

CBS News. "Wrestling Case Draws Life Sentence.'" CBS News. 11 Feb. 2009. Web. 5 Mar.

Criminal Law
Title and Citation

The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (ermeil)

Type of Action

It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court in 2013. Currently, the U.S. Fifth Circuit of Appeals is addressing the issues presented by the Supreme Court. As compensation, the plaintiffs are seeking out: monetary damages, a change in the university's policy and acceptance to the school. ("Fisher v. Texas") (ermeil)

Fact of the Case

In 2008, two white female students were denied admission to the University of Texas. They allege that the school is unfairly discriminating against them based upon their race. Under Texas House Bill 588, the university has to accept anyone who is in the top 10% of their graduating class regardless of their race, creed, economic background or social class. Those candidates who do not meet these guidelines…...

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Works Cited

"Fisher v. Texas." NCSL, 2013. Web. 12 Nov. 2103<  http://www.ncsl.org/research/education/affirmative-action-court-decisions.aspx >

Wermeil, Scott."SCOTUS for Law Students." SCOTUS Blog. Web. 12 Nov. 2013

Here, Y was 13 years old when she had intercourse with D, a 25-year-old man. D is guilty of statutory rape, thus D. is incorrect. The answer would only be different if the state's law allowed for intercourse with a 15-year-old.
2. False imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement (367). Here, X orders Y to go into an isolated alley off of a busy street. X was only five feet into the alley, however, X was brought to the alley against her will and forced to remain until she handed over the money. Thus, Y was falsely imprisoned or kidnapped.

3. Voluntary manslaughter is the act of killing another in heat of passion, self-defense, or while committing a felony (405). Heat of passion…...

The subchapters tend to follow similar structures, with the punishment in each case being discussed at the very end.
Chapter 10 refers to crimes against habitation, notably criminal acts such as burglary or arson. The conditions for a criminal act of this nature to occur are discussed, as well as the different statutes that regulate the legal framework for each of these situations and the punishments applicable. Important restrictions apply in each cases, for example, the fact that an individual cannot, from a legal point-of-view, burglarize his own home.

Chapter 11 deals with a particular form of crimes against property, namely those acquisitions offenses, crimes where there is a wrongful acquisition of property involved. Most such criminal acts are categorized as theft. Larceny, embezzlement or robbery are just a few of the most representative forms of acquisition offenses. One of the interesting subchapters regards receiving stolen property, with the mention that…...

Criminal Law Case Study
Summarize the following cases:

Edwards v. South Carolina, 372 U.S. 229 (1963)

This case involved a protest where 187 blacks filed a petition. They divided themselves into groups of fifteen people. They would protest in public areas. They wanted to air out grievances that their state had policy segregation. All of these had been organized to take place in South Carolina state house grounds. The strike was peaceful because they did not interfere with smooth running of activities in the City. The police came in to stop the protest: they asked the protesters to disperse and threatened to arrest them. This group of police comprised 30 officers. The protesters instead of cooperating with the police they started chanting patriotic and religious songs. A warrant of arrest was issued where they were convicted of breaching peace (Alldridge, 2001).

When they were arrested, they were denied some rights such as right to…...

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References

Acker, J. & Brody, D. (2011). Criminal Law. Chicago: Jones & Bartlett Learning

Alldridge, P. (2001). Personal Autonomy, the Private Sphere, and Criminal Law: A Comparative

Study. Indiana: Hart Publishing

Paul, H. (2008). Criminal law: case studies & controversies. California: Aspen Publishers.

Criminal Law
Scenario 1: Is it considered homicide when a person who knows he or she has HIV deliberately and knowingly infects another person who then dies as a result of contracting AIDS?

To answer this question there is a precedent for considering it murder / homicide, and that case happened in Canada. Ugandan-born Johnson Aziga was convicted of first degree murder for having "unprotected sex without telling 13 women," and two of those victims died of AIDS (Jonathan Turley).

Attorney Turley writes that there are twenty-one states that have laws on the books that make it criminal to knowingly infect another with HIV. In California, Turley points to statute #120291, which relates to infecting another person with HIV:

"Any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he or she is infected…...

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Works Cited

Hall, Daniel E. (2011). Criminal Law and Procedure. Independence, KY: Cengage Learning.

Laville, Sandra. (2010). Assisted suicide guidelines: family can still fact prosecution. The Guardian. Retrieved January 23, 2013, from  http://www.guardian.co.uk .

Shouse Law Group. (2010). California Rape Law. Retrieved January 23, 2013, from  http://www.shouselaw.com .

The Lectric Law Library. (2010). Intent, Specific & General / Criminal Liability Basics.

However, even if they had a warrant, the entering would still in all likelihood be considered an illegal search and seizure. All warrants must be proper. In order to be proper it must be based on probable cause. There is no probable cause that the embezzlement was occurring inside the home, thus the entering of the home lacks probable cause and the warrant is not proper. However, even if a warrant is not proper it may still be valid under the fourth amendment if certain warrantless search exceptions are met. These exceptions include: incident to a lawful arrest, automobile search, plain view, consent, stop and frisk, and while in the hot pursuit of evanescent evidence. Clearly, none of these exceptions apply to the case at hand. For this reason, the law enforcement officer's decision to enter the home is an invalid search under the Fourth Amendment of the Constitution of…...

Criminal Law
The Elsa Daniels Case

Should Elsa be exonerated due to her intent to return the money and her good motive?

Intent to Return: In criminal law, a person cannot be exonerated of embezzlement, even if the embezzler intended to return the property later. Only in case of larceny, the law in several U.S. states allows the taking of another's property without permission and then returning it within a reasonable time. In this case, even the intent to written the money as claimed by Elsa is not substantiated by facts. Moreover (as we shall see later) Elsa's act is not "larceny"; hence the plea of intending to return the money cannot be the basis of defense.

Good Motive: Good motive alone can never be a defense for a crime in criminal law.

Conclusion:

It is, therefore, quite clear that Elsa cannot be exonerated even if she intended to return the money (which itself is unsubstantiated)…...

Capital punishment remains one of the most controversial topics in criminal law.  The ethics of the death penalty are complicated.  Many people believe that the death penalty is simply unethical under any circumstances, while others argue that the death penalty is not only ethical, but that it is unethical not to execute certain killers.  The law provides guidance about when it can be applied, but laws vary from country-to-country and, within the United States, there is even tremendous variation in state laws about the death penalty.  Therefore, any essay about the death penalty is expected....

Sure! Here are a few essay topics on administrative law:

1. The role of administrative agencies in the modern regulatory state
2. The concept of administrative discretion and its impact on the rule of law
3. The principles of administrative law and their application in practice
4. The delegation of legislative authority to administrative agencies and its implications for democratic governance
5. Judicial review of administrative action and the limits of administrative power
6. The relationship between administrative law and other areas of law, such as constitutional law and criminal law
7. The challenges of administrative law enforcement and compliance in a rapidly changing global environment
8. The....

Do Teenage Curfews Decrease Crime Rates and Improve Public Safety?
The implementation of teenage curfews has been a controversial topic for many years, with proponents arguing that they enhance public safety and deter juvenile crime, while opponents maintain that they infringe upon the rights of youth and are ineffective in reducing criminal activity. While research on this issue has produced mixed results, the weight of evidence suggests that teenage curfews have a limited impact on crime rates and may even have negative consequences for young people.
Arguments in Favor of Teenage Curfews
Reduce Juvenile Crime: Proponents of curfews argue that they reduce....

Judicial Model of State Crime

The judicial model of state crime posits that the state, as an entity separate from individuals, can be held criminally liable and accountable for its actions. This model challenges traditional views of criminal responsibility, which typically focus on individual actors and their culpability.

Challenge to Traditional Views of Criminal Responsibility

Traditional criminal responsibility emphasizes the role of intentionality, foreseeability, and individual choice in determining culpability. Acts that are unintentional, unforeseeable, or performed under duress are generally not considered criminal.

The judicial model of state crime counters this by arguing that the state, as a complex and institutionalized entity, cannot....