• 1. Yes, I think that the girls took a substantial step toward killing their teacher. The girls already had an entire plan, and they were working on following through with that plan. To me, that sounds like a substantial step. Our textbook says a substantial step is, “Significant activity undertaken in furtherance of some goal” (Schmalleger & Hall, 2014, p. 99). Bringing the poison to school is a significant activity that was supposed to help them reach their goal of killing their teacher. Before the court ruling, Tennessee court followed the Deputy rule to determine if someone had taken a substantial step toward committing a crime. Still, the court determined that this test should be abandoned. As an alternative, they created a new test to figure out if a substantial step had been taken. With this new test, they concluded that if “an actor possessed materials to be used in the commission of a crime, at or near the scene of the crime, and where the possession of those …show more content…
materials can serve no lawful purpose of the actor under the circumstances, the jury is entitled, but not required, to find that the actor has taken a ‘substantial step’ toward the commission of the crime” (Schmalleger & Hall, 2014, p. 99). Because of this ruling, the substantial step test was established. • 2.
If the last-step test had been used, my answer would be different. Since the girls did not actually put the poison in the cup and complete the last step, they wouldn’t have been found guilty. An example of this test is, “Using this test in a murder by shooting, an attempt would not be completed until the accused fired the weapon” (Schmalleger & Hall, 2014, p. 98). They never put the poison in the cup, so their attempt would not have been completed. However, if the physical proximity test were used, my answer would be the same. This test required that, “the accused has it within his or her power to compete the crime almost immediately” (Schmalleger & Hall, 2014, p. 98). The girls definitely had it within their power to complete the crime. They could have dumped the rat poison in their teacher’s cup immediately. However, they waited and their teacher happened to walk into the classroom just as they were about to put it in the cup. If they had wanted to, they still could have put it in her
cup. • 3. Yes, I think that when the court used common law rules of construction, they modified the legislative enactment. Since they decided to establish a new test to determine if a substantial step had been taken, they weren’t really following the legislative enactment. They were using common law and their judgment to come up with their decision instead of the legislation. They were the people that came up with this new test, decided to abandon the Dupuy approach, and ignore the legislation, so yes, I think the court used its own judgment to replace that of the drafters of the statute. They said, “After carefully weighing considerations of stare decisis against the persuasive criticisms of the Dupuy rule, we conclude that this artificial and potentially harmful rule must be abandoned” (Schmalleger & Hall, 2014, p. 99). From that statement, it is clear that the court used their own judgment.
The case of Tennessee vs Reeves talks about two youngsters named Tracie Reeves and Molly Coffman who were students at the West Carrol Middle School who were planning to kill their teacher, Janice Geiger (Hall 2014; Schmalleger, 2014). They had planned to poison the teacher with rat poison by putting it in the teacher’s drink (Hall 2014; Schmalleger, 2014). There were other students who had found out, and the plot had been reported to the teacher and principal of the school (Hall 2014; Schmalleger, 2014). The students were convicted of attempt to commit secondary degree murder based on the fact that the poison was brought to the school and if it wasn’t because the plot to killed Miss. Geiger was interrupted the crime would have taken place.
This case study is a situation from Case Studies on Educational Administration (Kowalski, 2011). The background information is listed below.
It has been made clear through police investigations, that this killing spree was premeditated and carefully planned out by Marc Lepine long before it was carried out. He had purchased a lightweight rifle from a store and claimed that it was for hunting purposes (Maser, 1987). It was the last day of the fall semester and most students were looking forward to the Christmas break, unsuspecting of what was about to transpire. Marc walked into the school and sat near the registry office for a while before moving on to a classroom on the second floor. He walked in and divided the students according to their gender, then ordered the men to leave the room. Most students thought it was a prank initially, until he fired his gun and repeated his order in a more authoritative manner. He proceeded to shoot the women left behind as he declared his hatred for feminists, despite protests from the students (Maser,...
Even though the prosecution presented evidence to the court, the only clear-cut hard fact the prosecution had against Anthony was that she failed to file a report for her missing daughter Caylee and that when she finally did a month after her daughter had gone missing, she proceeded to lie profusely to the authorities on the events that took place. The prosecution focused highly on the forensic evidence of decay located in the trunk of Casey Anthony’s car. The use of a cadaver dog to search the vehicle led investigators to be able to determine that a decomposing body had been stored in the trunk of the car. The forensics department used an air sampling procedure on the trunk of Casey Anthony’s car, also indicating that human decomposition and traces of chloroform were in-fact present. Multiple witnesses described what they considered to be an overwhelming odor that came from inside the trunk as it where the prosecution believes Caylee’s decomposing body was stowed. Several items of evidence were ruled out to be the source of the odor, as experts were able to rule out the garbage bag and two chlorine containers located in the trunk as the source. The prosecution alleged that Casey Anthony used chloroform to subdue her daughter and then used duct-tape to seal the nose and mouth of Caylee shut, inevitably causing her to suffocate. Based off the
Jenkins Jennifer “On Punishment and Teen Killers.” Juvenile Justice Information Exchange, 2 August 2011. 7 May 2014.
However, Fleig was not going to see a movie, he was looking to do something horrible and he did not care who the victim was. Once the film ended, Fleig sat in his car and scoped out who would be his easiest targets and he spotted Barbara and Patricia Grimes walking home by themselves. Fleig started his car and followed the girls until he saw the perfect opportunity to commit his crime. Now Max Fleig was a smart man, he did not want to kill the girls on the street and leave a noticeable cause of death. For this reason, he grabbed his gun and got out of the car and pointed it at the girls. He was not going to shoot them, he just did not want them to move. With a gun pointed at them, Barbara and Patricia Grimes listened to Fleig when he told them to get into his vehicle. Fleig did not beat them or anything he was actually fairly nice to them other than the fact he kidnapped them. Fleig knew what he was about to do and he was smart. He knew that there are poisons that are untraceable and the slightest chance of them being traced is gone if the bodies are hidden long enough. So Fleig took some arsenic, mixed it with sugar, and put it in the girls coffee when he offered them some. This is what killed Barbara and Patricia Grimes. They suffered from being poisoned for roughly 24 hours. Max Fleig knew of
Thomas Jefferson was a man who believed that all American citizens need to be educated so that they may exercise their rights. He saw public education as essential to a democracy. One proposal he made for public education would guarantee that all children could attend public schools for three years. However, much like other early school reforms, this proposal received much rejection and was never brought into being. Despite this rejection, Jefferson still believed that America needed public education. Eventually, he opened the University of Virginia. Even though his bills and proposals to benefit public education never saw the light of day, he still made many contributions to public education by providing the foundation on how a democracy should handle educating its
Ladies and Gentlemen of the Jury, Miss Betsy Cline is a murder. She may come across as an innocent young lady, but she has committed a crime that she must pay the price for. Betsy by the evidence I have, should be tried for second degree murder. You all know the saying,"You do the crime, you do the time."
On an evening in February 1985, 15 year old Roderick Martineau and his friend Patrick Tremblay planned out to break and enter into another citizen’s home and rob them. For safety, the boys armed themselves with weapons, however they never planned on actually using them. Martineau carried a pellet gun and Tremblay carried a riffle. During the break in, Tremblay murdered both residents of the house (Mr. and Mrs. McLean). When Martineau asked why he did that Tremblay replied “I did not have my mask on and they saw my face”. Martineau was charged with second degree murder under section 213 of the code; however the question is whether or not he was arrested with the correct charge.
What happened to children and famalies involved is very unfortunate. Justice was not served in this case due to the lack of punishment served to those that were accountable for this crime. Once this case was active it opened the eyes to the public and similar cases were discovered around the world. after the case was over society discovered secret tunnels under the school after the case was over where most of the rituals took place. The McMartin Preschool trial is one that should not go unforgotten. What happened to children and famalies involved is very unfortunate. Words to describe the McMartin Preschool Trial would be cruel, traumatic, and life changing, because no family should ever have to go through what the familes of the children attending McMartin Preschool had to go
In this case, Brown decided that the benefit of having his own room was worth the risk of committing murder. The choice to cover the murder weapon with a blanket indicates that rationale was used in planning the attack. This is important to note because Brown considered that concealing the weapon under a blanket would enable him to commit his crime undetected. Furthermore, Brown’s attempt to throw the shotgun shell into the grass on the way to the school bus demonstrates his understanding of what he was doing and his intent to hide the evidence. Due to this, it can be established that Brown weighed his options and knew that what he was doing was something that should be hidden and was less than forthright. As the theory claims that adolescent offenders are self-centered, Brown’s case reflects this through his inability to consider the needs or feelings of the others in his family (Siegel & Welsh,
news to learn that something so horrible caused this students to kill their own peers.
A. My interest in social work began at a young age. In middle school I started attending my school’s church and became heavily involved in the church’s youth group. It was then that I was first introduced to the act of service and what it really means to help others. As part of our activities, we would feed the homeless and visit convalescent hospitals to volunteer. By participating in these activities, I began to take interest in the homeless and elderly populations. Another avenue that sparked my interest in Social Work was a classmate’s father, who was a Social Worker for the county. He and I would have discussions about the duty of a Social Worker and I would constantly ask him questions to satiate my curiosity about the profession.
The objective of this case study is to deeply explore how an identified subject under observation expresses inappropriate classroom behaviours and the corrective measures in averting the behaviour. Classroom Behaviour Management is used to describe the process of ensuring that classes or lessons run smoothly despite the anticipated behaviour by students. It therefore plays an integral part in correcting of inappropriate behaviour.
All effective educators need to find ways to motivate their students. The kids that fill our classrooms have different strengths and weaknesses. It is critical that teachers recognize the strengths and weaknesses of their students so they can use the right classroom management strategies to motivate their kids. In this particular case, the student named Jodie is inattentive and uninterested and neither the teacher intern or classroom teacher have a clue how to handle this situation. Ms. Marcia Thomas, who is the young intern feels that Jodie is just a problem child that lacks motivation and there is nothing she can do for this particular student. Ms. Thomas and the lead teacher Ms. Egan both lack the needed classroom management strategies that are necessary to motivate and engage students in a positive learning environment.