Using the material that you have read identify the major components of the criminal justice system. In your answer state in your SUPPORTED opinion the
Using the material that you have read identify the major components of the criminal justice system. In your answer state in your SUPPORTED opinion the role, scope, and limits of law enforcement; the assumptions and methods of the criminal case process. Also discuss the role of the government and citizens in finding solutions to America's crime problems.
III. Homicide said WELA MI CANNOT BE SIM Billings The Felony Munker Rule D Unintended Killings Creation of Homicidal Risk Ill. The Significance of Resulting Harm 19 Attempt and SolicitationIV. Group Criminality Accomplice Liability Ex. H a burk robbery, would be the person ize the window or who pairas the and to go to the burk but will body with was be carried out 2) Conspiracy- Uses and Abuses undworld isanti lie or mase people In de ciller The bout weirdery is to try the D all together ewasptraded in lubde for my act conceitled by the other But falk wit bouts crime- don't have to wait for the crime to be coewaited in order to be prosecuted There are & aspects of campiracy law that ruben & a potent weapon for the prosecution caressing of acries Cusspiracy dess but serge with the caspiend event- Can can be anywhere depending on the washer of coraping A person may becorse liable for the what an tive cries of mother by dariking andstance to h order to make a wippker s parkiput in a art we can iment be established? . When the purveyor of legal goods for illegal the 1) heart may be inated from karaledge, whin no leptin de we for the goods or sirvices sola is an exemption be the general specific insert by imposing strict Fability for the crime of 3 Number of Fatis Conspiracy: Single or Multiple had five wheel onespinney to be single Need both parts collage each end raat race 3) Consumey: The Parties polks essesting him fors proacutes from a wehearits crime Dias be pity of shaving bed . Exceptas If a aries has been defined to an to require a wing have more than the minimum sacher that is accomoary then can charge them all with Selfdefam splint only where the D is resizing face But is salonsfal+ The other paty sast Theforon where defies duet rest cereal a prices in order to prevent corwriting a greater . issanity Most cases in which the woman kill the olver person. tom es the resemblesess of theher the toreck of force or by any threat test would prevent resistance by a womiss of ordinary and good idea to shuttions where co 1) If woman in incapable of commeming. then that would also be rape 3) Justification : Necessity PC principle of necessity is subject to a number of li The actor must actually believe that the product is this isstory ine mootitle my boy conducive to improving certain evils but that it is necessary to avoid these evils. greater than the evil or harm sought to be avoided by the law defining the offense charged MPC suggests + balancing of evil is the basic defense To Invoke a necessity defense, the D must show that: 1) They were faced with a choice of evils and chose the lesser evils 3) They reasonably anticipated a direct causal relationship how their conduct and the 4) They had no legal alternatives to violating the lom 2) No alternative- no third alternative theit is less criminal and cim also avoid the hart 1) Situation must not have been brought about by the defendant's carelessness on or wintentional? Where canjessful necessity defense if take the life of an innocent person (intentional Abortion doctors (won't work he it is bru ful and so not murder and so not a A Civil Disobedience- aw undertaken for the purpose of social or C. Direct civil disobedience seek to challenge the very lames under which they are charged 6) Excuse: Duress if the accused acted in *) Defense of duress is available where there is an allegation that an act was comfortled in h. Concern for the well being of another, particular coerced to do go by defense to a crime went force D emerged in conduct h's he was nother. which a person of reasonable firmerers in his situation would have been unable to are Duress to Necessity ) Duress- there is mo 3 ) Necessity Is a justification and buress is sometimes ajustification mos sometimes 4 ) With necessity, the 1) summstance, with dunes, the threat or 5 ) Duress defense is sometimes called is compulsi ion or coercion defense . Duress is usually a good defense but you can't kill an innocent person dewvents of Duress For which produces a reasonable fear in the D Bodily Harm death or serious bodily injury of mistake- 3 Three weeks we readthe defense will won be allowed 7) Intoxication The ur beats the stem med define to a crime if it negates the mens read . Defense does not work if D had previo in order to gain the courage and get rid of his inhibitions. This would be a case of general an indication may be a defense to specific intent cri but may not be a defense to Recklessly and negligently- usually general intent crimes General Intent might be a good tion and deliberation have how that the intoxication lead to a fixed state of insanity. mosscation may also be used to show that the D never participated in the crime that he should not be punished merely bie he was drunk him from having the requisite mens rea for the crime He may begive that so. a result of his intoxication he did not "know right from wrong" and Courts have generally decided that intoxication will never be cousin considered to negate the . Intoxication will not negate the mere rea of crimes that may be committed . lenoxication is also not accepted to negone criminal negligence . 3) Excuse. Insinity Insanity line is by went model on barham west, model penal code test, and if baghten test. " ifresist MEN Test w of committing the zet, the party accused was laboring wander such a defect of reasons. o win under this test, must show that That as a result, either M'N test is lack of abating to know difference of knowing what is right and wrong What does it mean to be wrong the law (legal wrong) 2) Wrong means immoral- might know it is against There are two interpretations, legal wrong and morally wreg The schools of though a fewTuna At least hal thing, this has also been its major criticism bie they say that it is not broad enough bie Under this test . loss of control is no defense (it is irrelevant that the D may not have been able 3) Irresistible Impulse Test It is the response to the criticism of M"N. This focuses on the inability to cont result of mental disease, D was unable to control conduct, theit is insanity. ) Have mental disease See how the disease manifested itself. If it did so with inabi trol conduct then . Iresistible one artis reves bo's his is no better than are as a D would argue that * A D is entitled the an acquittal if the proof establishes that bie of the illness he was that there must be a partial inability to control. ty to control and others say Lot inability to coral himself was substantially impair 2. Strict- must be a total inability to control man at elbow, then you have satisfied mportant point is that it is not a stand alone test. M'N can be a as the sole criteria. This actually developed as a reaction to the MA'N test Many J but not all that have M'N have added to it the irresistible impulse test there is cus way to satisfy this lead Most I say that the burden is on the gov't to prove samity and some I say that D must 3) Durham Test ("Product Test") M'N is the ability to know-rea istible test is the ability to control conduct One objective of this rule was to permit psychiatrists, testifying is expert he 34'N lest (under which they were forced to restrict their oprince to whether the 1 -knew right from wrong") mental afseed is not criminally responsible if his unlawful conduct was the product of cartel disease of defeat " if it would Many J don't use this test bis they feel that it is too beroad in that vermillswit MIPS Test Like Durham, this is a combo of M"N and the irresistible by Conform his conduct to the requirements of the law" . Which test favors the DP Loose M'N. Durham is the most D favoring test Which is the hardest test to satisfy? No irresistible test be there is a two part test. Test that is The loosest combination of M'N and imesi proximation of model penal MD of D Irresistible Impulse Curtain MD OF D Cognition Ability to Control Act. + + Product .Lacks substantial -To appreciate (wrongfulness) aduct to the restituting the offerse , the D as a result of severe mental disease or defect was unable t "fatal disease of defect does not stherwise constitute a defenseCriminal Law Outline The Jetification Ox Punishmica 1. The Elements of a Just Punishiness a order to have a crime, need: 1) Actus Reus 2) Mens Rea 3, Actus reus and mens rea concurring in time Con - 80 AK w/ subshin unkas Bert was . LEGAL DUTY There the tones in amass of the the and aded myway The D rembe swam if the bick nuik of turn Hope b a GENERAL EXTENT crime Welt amthates Curent wale s where the route. "About adh Inserts a crap shall be galty of a
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance