Essays on Criminal Act

Introduction

One of the most common strategies of criminal defense attorneys when representing a defendant who has an unusual condition such as a mental abnormality, is to argue either that regardless of their actions, they are nevertheless not responsible for the crime or that they never had the capacity to commit a crime. The reason that criminal defense attorneys can make these arguments is that criminal law recognizes a number of unique situations where otherwise criminal conduct should not be subjected to a determination of guilt and the offender should be exempted from the crime (LaFave, 2000). These arguments, which ...

The crime of criminal conspiracy is known in criminal law as an inchoate offence. An inchoate offense refers to one of three criminal acts in which the transgression is committed or takes place prior to or in preparation of another criminal act. In addition to criminal conspiracy, the other two common inchoate offences are solicitation and attempt. Regardless of the inchoate offense, it is important to note that each of the three offenses are complete crimes in and of themselves. In other words, a person accused of an inchoate offense can be found guilty of that crime even though ...

Discuss why the characteristics of victims are so important to crime analysis

Although victim characteristics is only one of many aspects considered in theoretical victimology, which studies the victim factors in the crime (Fattah, 2000), these characteristics has been found influential in the planning and eventual commission of the crime. Since the history of this field of study, there was a running belief that the victim may have a contribution in the genesis of the crime. As early as 1940, despite many crimes wherein the victim has little or no direct or indirect contribution in the occurrence of the crime, many observers noted that there was real interaction and mutual contribution ...

Insanity defense, as it is known in many jurisdictions refers to the assertion by a person accused of criminal prosecution that at the time of committing the criminal act(s) they were not in the right state of mind as to appreciate the wrongfulness of their acts. Insanity has been invoked in many jurisdictions to reverse legal decisions or acquit people accused of crimes and it comes forth as the perfect defense. Whenever it is applied, it permits a person who is factually guilty to escape punishment and incarceration. Canadian laws have numerous circumstances exempt individuals from criminal responsibility ...

Over the last like forty years, there has been a rapid emergence of criminal cases which is believed to be attributed by the expanding level of globalization. Although the use of internet and inventions in the information technology industry is beneficial, there are those who have used it to facilitate their criminal activities. Any act considered as a felony to the society is a crime. For instance, if one person robs another that act is regarded as an offense to everyone in the state. Examples of other crimes are homicide, rape, burglary, a conspiracy among others ("Key Cases: Criminal ...

Introduction

The type and theory of punishment a convicted criminal receives different in different parts of the world. The rehabilitative theory of punishment had been used predominately in early America but had the system has transformed into a retributive model. Many Western Countries adhere to the theory of rehabilitation as a theory of punishment. On the other hand, there are many countries to favor the retributive model of punishment. Middle Eastern, African and Asian countries adhere to the idea that the offender must pay for the crime. Both the rehabilitative and retribution theory of punishment have social and philosophical implications. ...

Deviant behavior does not adhere to the cultural norms and social accepted norms (Akers, 2011). Deviance comprises of behavior that violates expectations and standards of conduct of a group or society. Crime is one of the forms of deviance. In this paper, crime has been described as major type of deviance. Crime is considered as an act of deviance because in crime norm as well as law is broken. Crime as deviant behavior can be minor or it can be major such as it can be picking an individual’s nose or it can be commitment of murder. There ...

Introduction

Punishment is the system used by society to enforce the desired standards of conduct, and to deal with the offender after a crime has been committed . Two common theories of punishment include the retribution theory and the incapacitation theory. The retribution theory seeks to punish an offender who has committed a criminal act. The incapacitation theory seeks to deter or prevent future crime. Both theories seek to convey justice.

Retribution theory

The retribution theory of punishment is the oldest theory of punishment. The retribution theory of punishment rests on the idea that those who violate the law should be punished for ...

What is the Relationship Between Personality and Criminal Justice?

The search for criminal personality has piqued the curiosities and interests of both academics and the general public (Caspi et al., 1994). There has often been an allusion to the relationship between personality and criminal behavior. After all, it is normal, regular people who commit crimes like child molestation, murder, or rape (Bartol & Bartol, 2010). For decades, criminologists have been heatedly arguing about the relevance of personality within the study of criminal justice, despite the fact the personality theories have become enduringly popular (Brown, 2006). This paper will begin by describing what personality is and personality developmental psychology. ...

Designation: ______________________________________

Historical and Intellectual Background Cesare Beccaria Bonesana, one of the leading exponents of the social contract theory in criminology, outlined his philosophy in his treatise Dei delitti e dellepene which became symbolic of the Italian Enlightenment in the renaissance years that engulfed the European scene. His views on crime and punishment boasted of novel elements and were primarily centered on providing speedy justice with the penal measures being proportional to the delinquent act. Beccaria’s works were considered to be a protest against the law enforcement torture used to extract confession from the accused individuals. Beccaria’s views not ...

Introduction

In the history of the United States of America, there have been many cases when the Constitution of the country has been violated. One of the most significant cases, regarding the issue of violating the Constitution of the United States of America, is the case Schenck vs. United States. The case was heard on the third March, 1919. This essay is devoted to the analysis of the case. The essay will be divided into several parts. The first part will be devoted to the issue of the case. In this part, I will outline the main peculiarities of the ...

Introduction

Pragmatically, the deviant behaviour of white-collar criminals provides students of sociology a different exploration of how human nature works in clandestine operations in plain view. Society, at least superficially does not suspect a so-called white-collar individual of criminal behaviour in general, as stereotypes tend to lead people’s thoughts in the direction one way or another. While, the dishevelled, unkempt, anti-social “looking” individual exists as suspect of deviant behaviour by his/her mere appearance including labelled as a criminal in some regards, the white collar individual stands in society appearance wise as an upstanding citizen (Goode 2008).

Historically, the concept of white collar is not so new:

Edwin Sutherland created the concept of ...

In Washington, the Supreme Court had ruled over a case (Burwell vs. Hobby Lobby Stores) that was about a corporation that is family-owned to pay for insurance coverage for contraception for its female workers that is stated in the Affordable Care Act that actually violated the law that protects religious freedom. “The court ruled that corporations controlled by religious families cannot be required to pay for contraception coverage for their female workers” (Liptak, 2014, para. 3). The interesting aspect about this case is that the decision was actually in contrast to what many had expected as in many had virtually believed ...

The attitude you have as a parent is what yours will learn more from what you tell them. They don’t remember what you try to teach them. Instead, they remember what you are. A famous quote by Jim Henson very well illustrates a parent’s role in the development of a child. “The attitude that a parent carries is what affects a child the most. It plays the role of protagonist in the process of doing a child’s character. The way a child behaves is a reflection of what he learns from his parents, the way parents treat him and the way he is taught ...

Overview

Gucci is a New York headquartered organization that has maintained a top notch in regards to high quality luxurious commodities such as garments, belts and footwear. With diverse 21 trademarks, the organization has sustained effective performance across US. However, aspects of trademark infringement have been evidenced within the organization. The Gucci law case study is based on the organization being the plaintiff while Wang Huoqing is the defendant. Wang Huoqing sells counterfeit Gucci products evident from the court ruling in favor of the aggrieved. However, there are prevailing aspects within the case study that require evaluation. Issues on evidence coupled with ...

Cornealious Anderson was arrested and subsequently convicted of the armed robbery of a fast food restaurant in 2000. Before July of 2012, he had served no time in prison for this offense in spite of the fact that he was sentenced to thirteen years in prison for the act. Anderson was supposed to receive instructions for when and where to report to prison but he did not. However, Anderson was still aware that he was supposed to report to prison to serve his sentence and did not take any steps to find out when and where he should begin serving ...

The movie Thelma and Louise revolves around two women and tackles feminist issues. The set-up rotates within a couple of themes and characterizations. It opens up with two middle-aged ladies who are best friends; Thelma (Geena Davis) and her best friend, Louise (Susan Sarandon), start the movie with a plan to go away for the weekend and have fun. Louise works as a waitress, while Thelma, who is a housewife married to an abusive husband, is a carpet-seller. Both Thelma and Louise have problems in their marriages, and this happens to be the reason why they both want to take a break. The major ...

Abstract

This paper discusses the crime of mass murder with particular reference to the mass murder orchestrated by Jim Jones at Jonestown: the People’s Temple Agricultural Project. The essay will broadly discuss mass murder in the context of its definition, elements and causes, effects on the society, and measures for its prevention. The underpinnings of this paper will be derived from the mass murder that occurred at People’s Temple Agricultural Project: Jonestown in which Jim Jones presided over the murder of over nine hundred people through poisoning on 18th November 1978. This paper aims at expounding the crime ...

Introduction

There exist about 33,000 violent gangs among street gangs, motorcycle gangs, and prison gangs a population of members active in committing criminal acts. Most of them are sophisticated and properly organized. They employ violence to control their territories and make robust their money making activities that far include; robbery, fraud, drug and gun trafficking, prostitution rings, and extortion (Barker, 2007). A report released by the National Gang Threat Assessment in 2011, shows that gangs are responsible for an average of 48% of criminal activities and up to a high of 90% in other jurisdiction. There are a number of motorcycles ...

Every one yearns to have a clear understanding of the world around him. This quest is achievable using theories. Theories tend to explain the reality concerning an issue and not how something should be. Theories are developed with varied reasons, some of which may be good or bad. Theories must be sensible so that they can be executed and serve the purpose they are aimed at (Briggs 2013). They also should be concise and correct hence with these basic characteristics the theory will be globally applicable to the context it is developed for. It is has always remained a big ...

Univariate Data Analysis

For the univariate data analysis, this study is going to use several variables to analyse data. This includes that number of time subjects committed property crime. We will determine the number of times each student in the study has committed property crime. Secondly, the study will establish the percent of male and female. Here, the study will find out the ratio of male and female students involved in property crimes while in high school. Thirdly, the study will assess the age ranges of the property criminal and also calculate the race of the criminal. Fourthly, the percentage of students ...

Criminal Defense

In most jurisdictions, when an individual is accused of a criminal offense, he or she must appear in court of law to answer the charges (Farrell, 2008). In this circumstance, the accused individual is known as the defendant. Therefore, as a defendant, one is supposed to establish a criminal defense with the assistance of a criminal attorney in order to avoid a guilty verdict (LexisNexis, 2012). The prosecutor is the other party which tries to prove that the criminal act performed by the defendant is factual. A criminal defense can be described as a strategic argument which attempts to confront the legitimacy and satisfactoriness of ...

Conviction of the defendant

The defendant can be convicted if found in possession of the drug paraphernalia. This is because the possession of the “crack pipe” is itself a violation of the act on Drug Paraphernalia Control Act (Gardner, & Anderson, 2012). Moreover, possession is regarded as an actus reus, which is criminal act based on omission when the law that demands an action of an individual is violated. As such, the defendant was in possession of the item, which is used in inhaling substances, which are controlled to human body. Further, the defendant was aware that the item in possession was the cracking ...

Punishment method that should be completely forgotten in new era is death penalty. We live in modern society where values such as tolerance and understanding are greatly appreciated. Capital punishment is exactly the opposite practice that mocks to these contemporary values. It is very aggressive, immoral, inappropriate punishment that breaks persons fundamental right to life. I will try to explain my point of view in the further sections of this paper. Execution is an aggressive act but it also leaves aggressive effects on members of the society. Supporting this way of punishment means that we embrace violence as a ...

I chose my essay to be ‘an argument for making the death penalty mandatory for murders’ because it has been a dilemma in the society. There have been sections advocating for its abolishment and those for its reinforcement. However, statistics show that murder rates are increasing and break outs in prison increase due to advanced technology, hence there have been calls to make the death penalty for murder mandatory so as to rid offenders from the society and prevent the crime reoccurring. To make my essay stronger for the portfolio, I did revisions in the four sections of the ...

1. Legal jurisprudence recognizes the rules and principles which are necessary for the justice. The concept recognizes equal rights and protection for everybody, Right from a competent person to a common person who has even no knowledge of his rights or duties. The rule of natural justice makes provisions to provide the opportunities to a person who has committed a crime or any offence intentionally or unintentionally. The legal procedure tries to find out the reasons behind a criminal act and that why a person was compelled or what motivated him to commit the said act. Justice is a very broad phenomenon which ensures the scope ...

Introduction

The heart of man is desperately wicked, who can know it. This is sometimes difficult to believe but a review of the life, charges and confessions made by Ted Bundy can confirm this to us that quote from the bible is correct. Psychological depression might actually be responsible for majority of the actions or it might be as a result of interest or joy being derived from someone else pain or discomfort. These views about the notorious American serial killer Ted Bundy could be confirmed by exploring different perspective of his life, and actions. Exploring all the issues surrounding the serial ...

Should the death penalty be mandatory for people that kill other people?

The saying goes do unto others what you would have them do unto you. Therefore, the price for taking away life should cost the offender his or her life. Different kinds of punishment have been used to discourage criminals from unlawful actions, and the greater the criminal act the greater should be the punishment. The death penalty is a controversial issue and people base their arguments for or against death penalty on practical, emotional, religious or practical grounds. People in favor of the capital punishment argue that it improves peace in the society by ensuring that such people do not ...

I. Case Summary

On May 1, 2001, a 24-year-old intern named Chandra Levy vanished without a trace. Her case became a sensational one because her boyfriend, a promising and married US congressman was suspected initially to have something to do with her disappearance. Fifty-two-year-old Rep. Gary Condit, who like Levy hailed from Modesto California, had become a subject of police investigation and their prime suspect when authorities learned of his affair with Chandra.

Despite Condit's denial of having to do with her disappearance and his cooperation with the investigation, police bore down on him and considered him its prime suspect – searching his apartment (where Chandra would ...

Introduction

Obstruction of justice is an important legal issue in law enforcement. Crimes are committed to obstruct justice of pre-existing criminal act. This might be will the intent of delaying criminal investigation or the prosecuting process. It could also be described as crime against the court. There are certain elements that usually help to analyze the crime of obstruction to justice. Those elements maybe combined or used alone to indicate a state of obstruction. Important elements of crime of obstruction to justice include; altering, concealing, and or destroying information that relates to a criminal act. It could also be in form ...

Criminal investigation is an unpretentious, logical process that meets set of principles and step by step inquiry accompanied by a thorough assessment of evidence and recording the findings and finally presenting the findings in a detailed report showing the happenings in a crime and the perpetrators of a crime (Hess, & Orthmann, 2010). Criminal intelligence gathering, on the other hand, is the process of gathering evidence to support a prosecution process based on the forensic principle that in every contact, a trace is usually left (Randol, 2010). Apart from the definitions above, there are other fundamental differences between criminal investigation and criminal intelligence gathering. ...

Crime and Punishment by Fyodor Dostoyevsky is a novel focusing on the cause and effect of a criminal act. The reader is introduced to Rodion Romanovich Raskolnikov, a Russian down and out who is struggling to survive his own poverty. To get money quickly, Raskolnikov chooses to rob and murder a local pawnbroker. These initial actions happen very early in the book’s progress and it quickly devolves into a series of self-involved, guilt-driven inner monologues of a murderer. The colour red appears repeatedly throughout the novel. Traditionally, red is associated with anger, passion and an impulsive surge of emotion. In Crime and Punishment, the ...