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Criminal elements and liability
Criminal elements and liability
Elements Of Criminal Liability
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Law and Society question
American society is not more violent because there is no legal duty to retreat from an assailant because it will help none criminals from being killed because in the case people v. La Voie the defendant was peacefully driving home when 4 other men in a car started to come after him the defendant pulled his car to the side of the road while the other 4 men followed. The defendant got out with his gun and the other 4 men said they were going to kill the defendant. There forth, the defendant felt scared and for his life so shot on of the men coming after him and he died. The court ruled that if your life feels threatened then you have the right to do whatever it takes to defend yourself "when a person has reasonable grounds for believing, and does in fact actually believe, that danger of his being killed, or of receiving great bodily harm it
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However, also in miller v state the court stated that if you have a means to apprehend the criminal you must do so you can only kill someone if you were in danger or if it was your last resort, that being said if the assailant didn’t have any weapons and you killed them saying your life was on the line that wouldn’t be a real reason kill them because they had no intention to kill you. With all this being said it is not an easy task to prove that you had the right to take someone else life if it was an easy task my answer for the question would change because everyone would get away with murder. The court must see that killing the assailant was your only option for life if there is any question that you could have got away or apprehended the assailant then it would have no leeway in
In the case of People v. Vasquez, a horrible crime was committed by the defendant, Jesus Vasquez, because he was upset with his girlfriend, Abigail Ramirez, for leaving him and allegedly seeing her ex-boyfriend. Instead of choosing to talk to his ex-girlfriend, Abigail Ramirez, he decided to forcefully break into her home, push her mother down on to the ground, then chase Abigail to the restroom where he violently and horrendously murdered her. There were many primary and secondary victims in this case and left people in pain from his terrible criminal act. Although the defense tries to prove that it was Heat of Passion and that the defendant did not know what he was doing, the evidence proves otherwise. The video shows evidence of shared
¬¬¬Though most American people claim to seek peace, the United States remains entwined with both love and hate for violence. Regardless of background or personal beliefs, the vast majority of Americans enjoy at least one activity that promotes violence whether it be professional fighting or simply playing gory video games. Everything is all well and good until this obsession with violence causes increased frequency of real world crimes. In the article, “Is American Nonviolence Possible” Todd May proposes a less standard, more ethical, fix to the problem at hand. The majority of the arguments brought up make an appeal to the pathos of the reader with a very philosophical overall tone.
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
...rship, there are many highly advanced countries which still refused to ratify similar laws, such as America. The interrelationship between society and the law creates a barrier in such reforms, as even after the Port Arthur Massacre, and many others, including the Norway Massacre, societal norms incline people to want, feel the need to, and therefore fight for, their right to own fire-arms.
For example, in Jacksonville, Florida, Jordan Davis, another unarmed teenager was killed by Michael Dunn. Davis and other teenagers were riding in a SUV with music blasting from the vehicle, when Dunn pulled up alongside of them and asked them to turn the music down . Words was exchanging between the two parties, and Dunn fired 8 to 9 shots into the SUV where he fatally shot Davis. Dunn was arrested and charged with first degree murder. Dunn claimed he fired in self-defense and invoked the “Stand Your Ground law” as his defense. ...
Through the year’s shootings have increased by a significant amount. Individuals are becoming affected on a regular basis and are concerned about there safety. Parents are worried for there youth getting assaulted, sexually violence, tormented, kidnaped, murdered on the other hand, now there ending up to be more stressed for there child getting shot. Guns have been around for hundredths of years, both world wars were succeeded with guns, hence, guns were served to defend its nation through history. In Western society citizens purchase guns for self preservation. Unfortunately, they are utilized in opposing ways, the majority of crimes are involved in gun shootings; this is an essential issue in America. Most agree that gun violence will have
Do two wrongs make a right? That is the question you should ask yourself. How can one life be worth more than another?s? Would you like to have your dignity, and even your basic human rights to stripped away from you at the flick of a switch or the pull of a trigger?
In Wilson’s article, he argues that the American society is traditionally and culturally more violent than other nations such as England and thus cannot be compared. Wilson states a study to prove “that non-gun homicide rate in [the United States] is three time higher than the non-gun homicide rate in England”. According to Wilson, gun control is futile to reduce crime because there is an already high non-gun crime rate; thus, irrelevant to solving the nation’s criminal behavior. He then elaborates that although gun control may prevent some casualties, the answer to reduce violent crimes is not through banning the weapon. Furthermore, Wilson dismisses Europe’s safety as a result for being gun-free. According to Wilson, after England banned all personal arsenal, “number of gun crimes [rose] sharply”. Wilson compares English’s calmer lifestyle to America’s rugged lifestyle and infers that England’s crime growth would happen to a hypothetical gun-free America. Wilson questions the safety advocated from locations that claim to be gun-free and concludes gun control increases
In the case of Miller vs. Alabama, Evan Miller came from an abusive, dysfunctional home and had attempted suicide 4 times beginning at age 6. At the age of 14, he and a friend went to a neighbor’s trailer to drink and smoke marijuana. Miller robbed the neighbor who was asleep, of $300. The neighbor woke up, grabbed Miller, and Miller beat him, and set the trailer on fire killing the neighbor. Miller was sentenced to life without parole. In his case, Miller argued that the life term was cruel and unusual punishment, and violated his rights according to the Eighth Amendment. (Ochs, S. L., 2012). The state held its ground proceeding with its
"Shots fired! Shots fired!" is what was heard through the Philadelphia police scanners on the morning of February 11, 2004. Many officers raced to the scene of T.M. Pierce Elementary in North Philadelphia. It was too late, one dead and another wounded. Yes, ten year old Faheem Thomas-Childs dead and the crossing guard wounded in the arm. It was 7:30 am when gunfire exploded through the school yard as parents/guardians took their children to school on what was supposed to be another beautiful school day. This scene and others like it are becoming more often in the US. What do many people see when they look at American society? Does it look satisfying? Or does seeing violence and other dehumanizing acts question what type of society we live in? Violence in mainstream media is the cause of many violent acts and crimes across the Untied States. Ten-year-old Faheem Thomas-Childs wasn't murdered by a gun, but by someone who used a gun as the instrument for his criminal act. This little boy was not only killed by a teenager who was trying to attack another teenager but also by the media whose main goal is to use the Second Amendment to the best of their ability.
Fighting is one of the most dominant forms of ignorance shown in America. Showing dominance through physical contact makes Americans look as if they are weak minded and they are too stubborn and unwilling to make changes necessary to create peace with the nation. This allows foreigners to go into the country, and to take advantage of the weak areas of America. This is caused by constant internal fighting when the real enemies are outside of the borders. This also allows politicians to pull a shade over the American’s eyes so that they are unaware to see current situations because they are too busy arguing and competing with one another.
Violence in America is becoming more of a concern to everyone in our nation. Among
“Their best defense against injury is to put no defense and give them what they want” (Kates). Critics may argue that concealed handguns are not an effective form of self defense. To the contrary, robbery and assault victims who used a gun were less likely to be attacked or suffer injury, “Neither a martial art skills nor chemical sprays provide a real option for victims faced by attackers who are stronger or armed” (Kates). People feel safer when they carry a concealed weapon because they feel that criminals will avoid attacking them. Citizens want to conceal carry a handgun because every day there are dangerous individuals who prey on the weak. In addition to that, concealed handguns are an effective non-lethal form of self defense a majority of the time. Gary Kleck from the Federal Bureau of Investigation “estimated that, 2 million to 2.5 million victims annually use handguns to repel criminal attackers” (Kates). The surprise of being armed is the advantage for the victim, which the victim has the disadvantage of knowing the time and place of being attacked. Concealed carry actually provides protection to citizens that do not carry because the criminals are not sure who is able to defend themsel...
Countries, such as the United Kingdom, restrict the rights of citizens to own firearms, because of the tragic consequences of gun ownership. On the other hand, The United States of America proudly boast the “right to bear arms”, as stated in the second amendment of the Constitution. America cannot seem to learn from nations like the United Kingdom, or internal terrorism. Frequently, violent attacks on innocent people ensue in what were deemed safe public spaces like schools, movie theaters, or churches. By simply stating the names “Sandy Hook”, “Charleston Emanuel AME” and “Aurora, Colorado”, deep despair from the malicious actions that injured and killed numerous citizens are remembered. These horrible events happen weekly and are in the back of many Americans mind as they go out in public.
A culture of violence affects America. The neoliberal logic of a gun culture atomizes individuals, and has historically led to people abrogating their roles as common citizens. The gun rights lobby has perpetuated an ableist discourse to shift responsibility away from the gun culture. It is not “crazy” people that will kill with guns, but a cultural system that tells people to deal with their own problems that kills people. It is a gun culture that perpetuates the pick yourself up by the bootstraps logic, that praised people for using guns violently. Moreover, the common tagline from gun’s right lobbyists usually goes something like, "pick up your guns and serve your country. These types of ideas are part of a culture of violence that seeps