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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 …show more content…
responsibility by facilitation of the deceased’s sister, Elsa, and shared responsibility by precipitation by the defendant’s brother, Jorge. The video also shows proof beyond a reasonable doubt that the defendant, Jesus Vasquez, was guilty of committing the crime of first degree murder against Abigail Ramirez. The acts of Jesus Vasquez caused so many people pain and hardships. Not only was Abigail Ramirez’s family affected by the loss of a family member, but Vasquez’s family suffers now that he has been imprisoned. Direct or primary victims are the individuals who suffer the physical, economic, or emotional harm firsthand. They are the people who experience the most damage from the criminal act and its consequences. (Karmen, Crime Victims: An Introduction to Victimology, 2013). Abigail Martinez was definitely a primary victim as she is the one who lost her life in the gruesome attack. The prosecutor stated “He took a knife, he drove over to her apartment, he walked up her stairs, he burst through her door, he chased her down, and he stabbed her over, and over, and over, and over. He stabbed her while her mother watched. He stabbed her while she was holding their nine-month-old in her arms.” (Wolf, 2002). Abigail’s mother, Elsa Ramirez, has experienced so much pain, anguish, and torment from this tragic event. Not only were Abigail Ramirez and her mother primary victims, but so was her daughter. Baby Abigail, Abigail Ramirez’s nine month old daughter, now has to grow up without her mother. Indirect or secondary victims are not immediately involved or physically injured in confrontations. But they might be burdened, even devastated. They are the individuals who were not directly attacked but also suffer financially and emotionally, such as members of the injured party’s family. (Karmen, Crime Victims: An Introduction to Victimology, 2013). The most prominent secondary victims in this case would be Elsa Vasquez, Alberto Ramirez Senior, and Alberto Ramirez. These are the immediate family members of Abigail. Elsa Vasquez is Abigail’s sister and the wife of the defendant’s brother, Jorge Vasquez. Alberto Ramirez Senior was Abigail’s father and Alberto Ramirez was Abigail’s brother. Although these family members lost a family member and suffered tremendously by the loss of Abigail, they are secondary victims. They are secondary victims because they were not involved or physically injured in the attack. Jorge Vasquez, the defendant’s brother and husband of the deceased’s sister, Elsa, is a secondary victim in this case as well.
His brother murdered his wife’s sister. He was affected by the criminal act emotionally. Angry at his brother for his actions and bereaved that he lost his sister-in-law as well as seeing the pain his wife was going through. There is also Roberto “Crazy Boy” Garcia who is the ex-boyfriend of Abigail Ramirez and spoke to her just a day before she was murdered. Although he had just been released from prison and did not have a close relationship with the victim, he was still affected. Abigail was not only his ex-girlfriend but she was also a friend of his. Secondary victims are not limited to only special relationships such as knowing the victim or being neighbors or friends. These types of victims are the people who are affected, just not as severely as the primary victims. In this case, the secondary victims also include Deputy District Attorney Chris Lindberg, Judge Hammes, the bailiffs in the court room, the jury members, and the guests in the courtroom. These people are not directly involved or affected by the loss of Abigail Ramirez but are emotionally affected by the facts of the case.
In the video of the case of People v. Vasquez, there was evidence of shared responsibility by two of the victim’s family members. Shared responsibility, by definition, is the perspective that the offender does not bear total responsibility for the criminal act, and that some of the blame falls either on the victim or the social system, or both. Summed up, shared responsibility is a possible explanation for why a particular person was harmed by a certain offender. (Karmen, Crime Victims: An Introduction to Victimology,
2013) There are three types of shared responsibility: facilitation, precipitation, and provocation. Facilitation is the careless or thoughtless behavior that makes a criminal’s task easier. Those who negligently and unwittingly assist their offenders share a minor amount of blame. Precipitation is a situation in which the person who is targeted may be considered partly at fault for attracting the offender’s interest or attention prior to an attack. The individual who gets hurt contributed significantly to the outbreak of violence is precipitation. Provocation is an act that triggers, instigates, or incites someone who was not criminally inclined to commit an unlawful attack such as the injured party instigating an attack that would not have taken place otherwise. (Karmen, Crime Victims: An Introduction to Victimology, 2013). The main primary victim, Abigail Ramirez, did not have any shared responsibility in the crime ensued against her. She did not taunt the offender, agitate him, provoke him, or otherwise lead him to get upset and hurt her. Elsa Vasquez and Jorge Vasquez, however, did have some shared responsibility in the crime. The video states that Elsa Vasquez told her sister via phone that the defendant was dancing at a wedding with another female. Elsa then told her husband, Jorge, that Abigail would “get back at him” and stated that “he figured out” how she would get back at him. Elsa said that she wanted her husband to tell Jesus that dancing at the wedding with another female was disrespectful to her and that she did not know that her husband would tell his brother the things that he did. Elsa felt remorseful for telling her husband about the conversation and wished she could take it back. (Wolf, 2002). Even though Elsa did not intentionally tell her husband so he would tell Jesus and get him upset, she still feels partly responsible her sister’s death. Jorge Vasquez also shares some of the responsibility in the crime that was committed. His partial responsibility was more severe than Elsa’s as he intentionally told Jesus information that was untrue and could be classified as precipitation. After the phone call that Abigail received from Elsa, Jorge said his wife told him that Abigail said she was with Crazy Boy the day before the wedding. On the ride to work the next day, Jorge told his brother that Abigail was with her ex-boyfriend the day before the wedding. Roberto “Crazy Boy” Garcia stated this was untrue in court. (Wolf, 2002) Hearing that Abigail was with her ex-boyfriend, Crazy Boy, just a day before the wedding is what sent Jesus over the edge. It upset him enough for him to leave his job to go to Abigail’s house, break down the door, and violently murder her. Jorge did not tell his brother that Abigail was with her ex-boyfriend in hopes that he would confront her and hurt her. His telling of the false information was, in fact, a significant contributing force in the murder of his sister-in-law, Abigail. With the untrue information being told to Jesus and leading him to hurt Abigail is why Jorge’s actions were considered to be precipitation. There is no doubt that Jesus Vasquez’s actions were heinous. He intentionally murdered Abigail Ramirez over information that he believed to be true that was told to him by his brother, Jorge Vasquez. He murdered Abigail in front of her mother, Elsa Ramirez, and while she was holding their nine month old daughter, Baby Abigail. That is why Abigail Ramirez, Elsa Ramirez, and Baby Abigail are all primary victims. The family members of Abigail Ramirez and Jesus Vasquez along with the people in the courtroom, who may have been disturbed by the facts and photos of the case, are the secondary victims. Although they were not directly involved in the case, they were still affected by the consequences of his Jesus Vasquez’s actions. Abigail’s sister, Elsa Vasquez, shared minimal responsibility by facilitation in the crime that occurred because she told her husband, Jorge, about the conversation between herself and Abigail. Jorge Vasquez shares responsibility by precipitation in the actions of his brother because he intentionally told Jesus untrue information which led Jesus to confront Abigail and murder her.
Your honor, we the jury are here today to give our decision on the punishment in the case before the court titled the state of Texas v. James Broadnax. Your honor, as you and everyone in the court room here today recalls, the defendant was charged of murdering two people in their mid-to-late twenties. For the record purposes sir, let the record show the two victims go by the names of Mr. Stephen Swan and Mr. Matthew Butler. Let the record also further indicate the defendant goes by the name of Mr. James Broadmax.
Read the posted case study about Benita Vasquez and discuss the following questions: 1. What are the clinical causes of death in the story? a. Senora Vasquez died because of uncontrolled diabetes, Infected wound and diffusing kidneys. With not well-controlled diabetes and acquiring an infected burn wound makes it harder for the patient to get treatment. Thus with the condition of the patient and her current social status, she is unable to afford the treatment and medications needed to alleviate her suffering.
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
Generally, the study of crime mainly focused on the offender until quite recently. In fact, Shapland et al (1985) described the victim as ‘the forgotten man’ of the criminal justice system and ‘the non-person in the eyes of the professional participants’. A new perspective was brought with victimology, an expanding sub-discipline of crimin...
On August 20th, 1989 Lyle and Erik Menendez killed their parents inside their Beverly Hills home with fifteen shot gun blasts after years of alleged “sexual, psychological, and corporal abuse” (Berns 25). According to the author of “Murder as Therapy”, “The defense has done a marvelous job of assisting the brothers in playing up their victim roles” (Goldman 1). Because there was so much evidence piled up against the brothers, the defense team was forced to play to the jurors’ emotions if they wanted a chance at an acquittal. Prosecutor Pamela Bozanich was forced to concede that “Jose and Kitty obviously had terrific flaws-most people do in the course of reminding jurors that the case was about murder, not child abuse” (Adler 103). Bozanich “cast the details of abuse as cool, calculated lies” (Smolowe 48)...
Imagine an elderly man inviting someone into his home to take care of him, but then his caretaker surprisingly creates a scheme that will get rid of him because of his eye. The old man trusted him with his life, and suddenly he takes it from him. The man I am describing is Mr. Heart, who is guilty of committing first degree murder. He was the victim’s caretaker for a long enough duration of time for them to develop a father-son relationship with one another, yet he killed him in the end. Members of the jury, after going over the evidence against Mr. Heart in the State of New Jersey vs. Mr. Heart case, it is as clear as day that he should be convicted of first degree murder, because the facts show proof of premeditation, deliberation, and malice.
It is important that they feel that the offender is being punished for the crime they have committed. There have been several arguments that victims input into cases may propel the different objectives of sentencing. Vengeance is improved when the degree of the harm caused to the victim is revealed so that the punishment distributed can be measured against the level of damage created. Victim contribution improves prevention since it increases prosecutorial effectiveness, which greatly improves the odds of the offender being found guilty. Victim cooperation may likewise advance recovery as the offender stands up to the truth of the harm caused to the victim. (Hoffman,
Rape and sexual violence is a very serious problem that affects millions of people each year. Rape is someone taking advantage of another person sexually. Sexual assault can be verbal, physical, visual, or anything that forces a person to join in unwanted sexual contact or attention. ("Sexual Assault.") Rape is one of the most underreported crimes. In 2002, only thirty-nine percent of rapes and sexual assaults were reported to law officials. ("Sexual Violence: Fact Sheet.") Victims sometimes do not report that they have raped because of shame or feeling that it was their fault. It is never the victim's fault. "Victim blaming" is holding the victim of a crime to be in a whole or in partly responsible for what had happened to them. Most victims believe this. ("Myths and Facts about Sexual Violence.")
... it. For example the cases of Phillip Williams and Michael Ortaliz: Williams’s girlfriend had broken up with him. He became enraged and wanted revenge. Williams hid behind a car in the parking lot of his ex’s workplace, ambushed her and stabbed her to death. Ortaliz was waiting at home for his wife when she pulled up with another man in the truck. Ortaliz, out of anger shot the other man to death. Williams is guilty of premeditated murder because although he acted out of rage, the fact that he hid and laid in wait for his ex to walk past showed a clear case of premeditation.
...lity that the victim may actually be partly to blame for the crime that was committed against them. Therefore it is often the environment that the criminal lives in, and the people that around them that influence them into committing a criminal act.
... one deserves it. Most importantly, the victim blame approach is neither effective in resolving problems of violence, nor in protecting the victim from further victimization, nor in protecting future generations from continuing the cycle of abuse. Therefore, it is important that we shift the focus of our blame from the victim of the crime to the perpetrator, in order to ensure that the offender takes responsibility for the crime that they have committed. One way of assuring that an offender is held accountable for their actions is to have a community response. This can occur through the police, courts, schools, clergy, health care providers, and social service agencies. The justice system and social agencies need to work together in order to promote offender accountability, while at the same time helping victims of violence to recover from what has happened to them.
The basis of successful prosecutions comes from cooperation of the witnesses and victims. Victims of crime play an important role with making the justice system work. Without cooperation or participation, an adequate outlook on the case would be impossible. There are constitutional safeguards provided by the government. Any accused person is allowed legal representation, confront accuser, and have guilt or innocence proved. The Victims’ Rights Amendment of the Florida Constitution also gives rights to a victim. The Florida police department ensures victims’ rights are kept and assists in meeting obligations in the process (University of Florida Police Department, 2014).
Assigning blame has become an increasingly difficult and complex concept to understand, especially in our legal court system. I associate blame with being held responsible for the consequences of one’s intentional actions. In regards to sexual assault cases, I think the blame should not be placed on the victims, but rather on the perpetrators. Victim blaming justifies the perpetrator’s actions, discourages sexual assault reportings, and can have psychological effects on the victim.
While this may be true in some cases, not all victims are blameless. There is a clear distinction between someone who is an actual victim of a crime and someone who ended up as a victim due a series of poor choices. For example, someone decides to leave his/her car running with the keys in the ignition while he/she goes into the store to buy a few supplies, and the car gets stolen. Although what the thief did is unethical, the individual’s irresponsibility opened an opportunity for the criminal to steal his/her car. On the other hand, an actual victim would be someone who parks his/her car in the driveway at night, locks it, and sets the alarm; however, in the middle of the night, it gets broken into and stolen. Here’s the critical difference between the two scenarios: the first person is a victim of his/her conscious, reckless decision to leave the car running; while the second person took responsible measures to prevent car theft, yet ended up in an unfortunate situation. The first person can be held accountable for his/her careless decisions, but the second person cannot be blamed because he/she took responsibility for his/her
“No one can victimize us, it can only be a projection of our inner milieu,” Joe Jennings says. Anything that we as humans have possibly experienced, we as individuals have to take full responsibility. Another point made my Joe Jennings “We also cannot be responsible for anyone’s happiness.” This touches me deep inside, we truly spend all this time to make someone happy, but we can’t truly know if they are happy and can’t do anything about it. You can be the most caring person to everyone around you and how they treat themselves has a lot to do with how they see themselves. You can’t make yourself feel responsible for things that happen in someone’s everyday life; things happen and you can’t save everyone, all you can do is give love to them. Responsibility has so many different meanings and perceptions, I think this is my favorite way to look at