Individual Criminal Defense Case Analysis Paper
Individual Criminal Defense Case Analysis
Ora Howe
CJA/354
November 18, 2013
Peter Lukevich
Individual Criminal Defense Case Analysis
This paper will locate two cases that discuss various types of criminal defenses. The two choices are: (1) The Jeffrey Dahmer Case, and (2) State v. Fisher Involuntary Manslaughter Case. The two cases analysis in which this paper identifies and examines the types of criminal defenses that were used. This paper will also explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. This paper will describe how justification and excuse play a role in the cases. This paper will also describe the outcome of each case.
The Jeffrey Dahmer Case/Early …show more content…
years
Jeffrey Dahmer was born in West Allis, Wisconsin on May 21, 1960. By all interpretations, Jeffrey Dahmer’s childhood was well-defined and regarded as ordinary; however, at the age of 15, he grew progressively set aside and reserved from social communications. During Dahmer adolescence years he would isolate away from usual childhood events, choosing instead to bike around his community searching for dead animals, which he dismembered at home. By the time Jeffrey Dahmer reached high school he was a uncontrolled alcoholic and categorized as extremely unhappy’(Laws, 2013).
Next instantaneously dropping out of Ohio State University, Jeffrey Dahmer was obligatory to enroll in the military by his father.
Although Jeffrey Dahmer succeeded at first in the systematized and well-organized structure of the military, he was discharged after two years of service due to heavy drinking. In 1982, after being arrested for disorderly conduct and public intoxication, Jeffrey Dahmer went to live with his grandmother in West Allis. During this stage, Dahmer’s manners grew progressively stranger; his grandmother regularly found weapons in his room and Dahmer was arrested twice for indecent exposure in 1982 and 1986 (Laws, 2013). As one can see Dahmer criminal defenses started at an early age, whereas any individual think sometimes at what point could the parents have stopped Dahmer’s behavior and what measures could have stopped these brutal killings from …show more content…
happening.
Various Types of Criminal Defenses
Jeffrey Dahmer was a disreputable American serial killer and famous sex offender. In total, Jeffrey Dahmer killed 17 men and young boys—the mainstream of Dahmer’s victims were of African or Asian background—between the late 1970s and early 1990s. Jeffrey Dahmer is regrettably known for the savageness and vindictiveness for which he murdered and afterward disposed of his fatalities; Dahmer’s killings were predominantly savage, for they generally involved torture, necrophilia, cannibalism, dismemberment and rape.
Analysis in which this Paper Identifies and Examines the Types of Criminal Defenses that were used
After being arrested and due to his weird behavior, Dahmer’s grandparents kicked them out of their home in the summer of 1988. After finding an apartment on Milwaukee’s West side, Jeffrey Dahmer was detained for drugging and fondling a 13-yeard old boy. For this indecent crime, Jeffrey Dahmer was sentenced to five years’ probation and obligatory to register as a sex offender. Once receiving parole, Dahmer moved into a new apartment; soon thereafter, Dahmer went on a vicious killing spree that ultimately ended with his arrest in 1991. In the summer of 1978 while still living with his father, Jeffrey Dahmer committed his first murder. Dahmer picked up a hitchhiker, with his family away, invited him back to his father’s house for drinks and ‘sexual activity.’ When the man tried to leave, Dahmer beat his victim with a barbell and buried his dead body in the backyard (Law, 2013).
Nine years after his first murder, Dahmer found his next victim.
Succeeding this attack, Dahmer continued to kill periodically: Dahmer committed two murders in 1988, one in the early part of 1989 and one later. Dahmer normally picked up his victims in gay bars, drugged them and then brutally murdered them. Dahmer, as a psychotic post-humorous ritual, would often keep his victim’s body parts or skulls in his apartment refrigerator. Jeffrey Dahmer picked up his murdering pace in the early 1990s. Using his own residence as the central hub for his devastation, Jeffrey Dahmer averaged one murder a week during the summer of 1991.
Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense
The nature of this case is the insanity defense, types, legal and psychological issues, due process, postpartum psychosis. On July 13, 1992, Dahmer disregarded his lawyer 's advice and changed his plea to guilty, but that he was insane. According to Don Davis in The Milwaukee Killings, "the statement turned the case on its head. Now, instead of having to verify his man did not commit the killings, defense attorney Gerald Boyle would undo one of the gruesome tapestries ever seen in an American courtroom. Boyle task was to prove the jury that Dahmer was imprudent, because only an insane individual would do the things he did." Mike McCann, on the other hand, needed to show that Dahmer was not lawfully insane — that he knew what he was doing
was wrong, but did it anyway. In others words, Dahmer was an evil psychopath who enticed his victims and killed them in cold blood (Bardsley, 2013).
Describe how Justification and Excuse Play a Role in the Case
In the conversation Dahmer admits that he once believed in the evolution theory which “devalues life”. He went on to bear witness to the Lord Jesus Christ being the true Creator and accepting Him as his Savior.
Like Dahmer, many today are being influenced by the devaluing of life encouraged by the evolution theory. Racism, Communism, Nazism and rebellion are all effects of this perilous theory. Even the murderers in the Columbine school massacre wore shirts that blared, “Natural Selection”. Evolution is an unsafe religion with deadly social consequences (Orac, 2007). There are no justifications or excuses in this paper opinion how can anyone justify or make and excuse for brutally killing 17 individuals. Apparently Dahmer was not in the right frame of mind at the time of the murders, maybe he had an accomplice to influence the killings, after all Dahmer did blurt out Darwin made me do it.
The Outcome
Jeffrey Dahmer was accused on 17 murder charges (later reduced to 15) and afterward two weeks of trial, the court found Dahmer sane and guilt-ridden on all 15 counts. As a result of the viciousness and serial-nature of his crimes, Jeffrey Dahmer was sentenced to 15 life terms or 957 years in prison. Dahmer was transferred to Ohio where he ultimately professed himself a born-again Christian. Dahmer was attacked by some hated inmates for the nature of his savage crimes. On November 28, 1994, while participating in janitorial work, Dahmer and another inmate were brutally beaten with a broom handle by associated inmate Christoper Scarver. Dahmer dies of extreme head trauma while on his way to the emergency room; his brain was taken for research (Law, 2013).
State v. Fisher
Scott Allen Fisher in a current case, State v. Fisher, the North Carolina Court of Appeals supported an involuntary manslaughter based on the perpetrator’s act of throwing away a drunk and wounded victim, alive but partly clothed, outdoor in a remote area and in subzero weather and then dishonest about the victim’s whereabouts. In North Carolina, involuntary manslaughter is a common law offense that is penalized as a Class F felony. G.S. 14-18. A strategic feature of the crime is that it includes an unintentional killing State v. Fisher, 351 N.C. 373, 380 (2000) (Smith, 2013).
Various Types of Criminal Defenses
In NC, involuntary manslaughter is a common law offense that’s punished as a Class F felony. G.S. 14-18. A key feature of the crime is that it involves an unintentional killing State v. Fisher, 351 N.C. 373, 380 (2000). The offense has three elements; an individual guilty of this crime: (1) kills (2) another person (3) by an illegal act that does not total to a felony and is not normally dangerous to life or by a culpably neglectful act or error. Momentarily, criminal negligence means a lack of attention or irresponsibility showing an inconsiderate disrespect of significances or a observing indifference to the safety and rights of others. However, the hatred required for second-degree murder includes commission of an intrinsically dangerous act in such a uncontrolled and vicious manner as to manifest a mind absolutely without regard for human life and social duty and intentionally bent on disruption. Although, courts have stated that the difference between involuntary manslaughter and second-degree murder “is one of the degree of risk and recklessness involved” (Smith, 2013).
Analysis in which this Paper Identifies and Examines the Types of Criminal Defenses that were used For involuntary manslaughter, as with all homicides, the perpetrator’s act must automatically cause the victim’s death. A nearby cause is a cause without which the victim’s death would not have happened; it must not have been the only cause, or the last or close cause of death. Foreseeability is a vital part of nearby cause for involuntary manslaughter. Fisher 19 beat 16 year old Michael Rogers and left him in freezing weather to die. However, foreseeability doesn’t require that the defendant must have foreseen the exact injury incurred; rather, it means that “in the exercise of reasonable care, the defendant might have foreseen that some injury would result from his or her act or omission, or that consequences of a generally injurious nature might have been expected” (Smith, 2013).
Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense The nature of this case is involuntary manslaughter. Now that the necessities are out of the way, let’s take a look at Fisher. In that case, 16-year-old Michael Rogers died after joining a party at Fisher’s home. At the party, Michael was stoned and belligerent. At some point, Fisher “kicked or stomped” Michael’s face. One witness labeled Michael as “kind of coming in and out of awareness.” Fisher told his father he had dropped Michael off at the end of a driveway. Officers, concerned for Michael’s protection given that weather were below freezing, searched the area but did not find Michael. As it turns out, the Fisher did not drop Michael at the driveway. Instead, Fisher drove him to a boat access area, beat Michael again, and left him, clothed simply in jeans, in an isolated parking area at the boat access area. Michael was later found dead nearby. The cause of death was hypothermia (Smith, 2013).
Describe how Justification and Excuse Play a Role in the Case
To proscribe conduct this unjustifiably and inexcusably causes or tormenters substantial harm to individual or public interests; to give fair warning of the nature of the conduct forbidden and of the judgments authorized upon conviction. To define the act or omission and the supplementary mental state which constitute such offense; to distinguish on reasonable grounds between severe and minor offenses and to suggest in proportion penalties therefor; to deliver for an suitable public response to particular offenses, including consideration of the consequences of the offense for the victim, including the victim 's family, and the community; and to assure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the restoration of those convicted, and their imprisonment when required in the interests of public protection (Chevigny, 1993).
The Outcome
Fisher was sentenced to a minimum of 19 months and a maximum of 23 months in prison in association with Rogers ' death. Law enforcement officers found the teenager’s body in a field in February 2010 after witnesses says Rogers and Fisher fought at a party at the home of Fisher 's parents. Fisher just shook his head and sipped water as the clerk read the verdict Friday (Harbin, 2012).
This paper has located two cases that discussed various types of criminal defenses. The two choices are: (1) The Jeffrey Dahmer Case, and (2) State v. Fisher Involuntary Manslaughter Case. The two cases analysis in which this paper identifies and examines the types of criminal defenses that were used. This paper has also explained the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. This paper has described how justification and excuse play a role in the cases. This paper has also described the outcome of each case.
References
Bardsley, M. (2013, Spring). Jeffrey Dahmer - The Insanity Defense - Crime Library on.... Retrieved from http://www.trutv.com/library/crime/.../notorious/dahmer/19.html
Chevigny, P. (1993, Fall). Criminal Law Outline. Retrieved from http://www.law.nyu.edu/sites/default/files/upload_documents/...
Harbin, J. (2012, May 18). Scott Fisher was Found Guilty of Involuntary Manslaughter.... Retrieved from http://www.blueridgenow.com/article/20120518/ARTICLE/120519777
Orac, O. (2007, October 20). Jeffrey Dahmer. “Darwin Made Me Do It.” - Respect.... Retrieved from http://scienceblogs.com/insolence/2007/10/20/evolution-made-me...
Smith, J. (1993, Fall). Involuntary Manslaughter: A Recent Case and a Quick Review.... Retrieved from http://nccriminallaw.sog.unc.edu/?p=4405
Jeffrey Dahmer - Case Law - Cases, Case Western Law, Case Law.... (2013, Summer). Retrieved from http://cases.laws.com/jeffrey-dahmer
Ora Howe
CJA/354
November 18, 2013
Peter Lukevich
Individual Criminal Defense Case Analysis
This paper will locate two cases that discuss various types of criminal defenses. The two choices are: (1) The Jeffrey Dahmer Case, and (2) State v. Fisher Involuntary Manslaughter Case. The two cases analysis in which this paper identifies and examines the types of criminal defenses that were used. This paper will also explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. This paper will describe how justification and excuse play a role in the cases. This paper will also describe the outcome of each case.
The Jeffrey Dahmer Case/Early …show more content…
years
Jeffrey Dahmer was born in West Allis, Wisconsin on May 21, 1960. By all interpretations, Jeffrey Dahmer’s childhood was well-defined and regarded as ordinary; however, at the age of 15, he grew progressively set aside and reserved from social communications. During Dahmer adolescence years he would isolate away from usual childhood events, choosing instead to bike around his community searching for dead animals, which he dismembered at home. By the time Jeffrey Dahmer reached high school he was a uncontrolled alcoholic and categorized as extremely unhappy’(Laws, 2013).
Next instantaneously dropping out of Ohio State University, Jeffrey Dahmer was obligatory to enroll in the military by his father.
Although Jeffrey Dahmer succeeded at first in the systematized and well-organized structure of the military, he was discharged after two years of service due to heavy drinking. In 1982, after being arrested for disorderly conduct and public intoxication, Jeffrey Dahmer went to live with his grandmother in West Allis. During this stage, Dahmer’s manners grew progressively stranger; his grandmother regularly found weapons in his room and Dahmer was arrested twice for indecent exposure in 1982 and 1986 (Laws, 2013). As one can see Dahmer criminal defenses started at an early age, whereas any individual think sometimes at what point could the parents have stopped Dahmer’s behavior and what measures could have stopped these brutal killings from …show more content…
happening.
Various Types of Criminal Defenses
Jeffrey Dahmer was a disreputable American serial killer and famous sex offender. In total, Jeffrey Dahmer killed 17 men and young boys—the mainstream of Dahmer’s victims were of African or Asian background—between the late 1970s and early 1990s. Jeffrey Dahmer is regrettably known for the savageness and vindictiveness for which he murdered and afterward disposed of his fatalities; Dahmer’s killings were predominantly savage, for they generally involved torture, necrophilia, cannibalism, dismemberment and rape.
Analysis in which this Paper Identifies and Examines the Types of Criminal Defenses that were used
After being arrested and due to his weird behavior, Dahmer’s grandparents kicked them out of their home in the summer of 1988. After finding an apartment on Milwaukee’s West side, Jeffrey Dahmer was detained for drugging and fondling a 13-yeard old boy. For this indecent crime, Jeffrey Dahmer was sentenced to five years’ probation and obligatory to register as a sex offender. Once receiving parole, Dahmer moved into a new apartment; soon thereafter, Dahmer went on a vicious killing spree that ultimately ended with his arrest in 1991. In the summer of 1978 while still living with his father, Jeffrey Dahmer committed his first murder. Dahmer picked up a hitchhiker, with his family away, invited him back to his father’s house for drinks and ‘sexual activity.’ When the man tried to leave, Dahmer beat his victim with a barbell and buried his dead body in the backyard (Law, 2013).
Nine years after his first murder, Dahmer found his next victim.
Succeeding this attack, Dahmer continued to kill periodically: Dahmer committed two murders in 1988, one in the early part of 1989 and one later. Dahmer normally picked up his victims in gay bars, drugged them and then brutally murdered them. Dahmer, as a psychotic post-humorous ritual, would often keep his victim’s body parts or skulls in his apartment refrigerator. Jeffrey Dahmer picked up his murdering pace in the early 1990s. Using his own residence as the central hub for his devastation, Jeffrey Dahmer averaged one murder a week during the summer of 1991.
Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense
The nature of this case is the insanity defense, types, legal and psychological issues, due process, postpartum psychosis. On July 13, 1992, Dahmer disregarded his lawyer 's advice and changed his plea to guilty, but that he was insane. According to Don Davis in The Milwaukee Killings, "the statement turned the case on its head. Now, instead of having to verify his man did not commit the killings, defense attorney Gerald Boyle would undo one of the gruesome tapestries ever seen in an American courtroom. Boyle task was to prove the jury that Dahmer was imprudent, because only an insane individual would do the things he did." Mike McCann, on the other hand, needed to show that Dahmer was not lawfully insane — that he knew what he was doing
was wrong, but did it anyway. In others words, Dahmer was an evil psychopath who enticed his victims and killed them in cold blood (Bardsley, 2013).
Describe how Justification and Excuse Play a Role in the Case
In the conversation Dahmer admits that he once believed in the evolution theory which “devalues life”. He went on to bear witness to the Lord Jesus Christ being the true Creator and accepting Him as his Savior.
Like Dahmer, many today are being influenced by the devaluing of life encouraged by the evolution theory. Racism, Communism, Nazism and rebellion are all effects of this perilous theory. Even the murderers in the Columbine school massacre wore shirts that blared, “Natural Selection”. Evolution is an unsafe religion with deadly social consequences (Orac, 2007). There are no justifications or excuses in this paper opinion how can anyone justify or make and excuse for brutally killing 17 individuals. Apparently Dahmer was not in the right frame of mind at the time of the murders, maybe he had an accomplice to influence the killings, after all Dahmer did blurt out Darwin made me do it.
The Outcome
Jeffrey Dahmer was accused on 17 murder charges (later reduced to 15) and afterward two weeks of trial, the court found Dahmer sane and guilt-ridden on all 15 counts. As a result of the viciousness and serial-nature of his crimes, Jeffrey Dahmer was sentenced to 15 life terms or 957 years in prison. Dahmer was transferred to Ohio where he ultimately professed himself a born-again Christian. Dahmer was attacked by some hated inmates for the nature of his savage crimes. On November 28, 1994, while participating in janitorial work, Dahmer and another inmate were brutally beaten with a broom handle by associated inmate Christoper Scarver. Dahmer dies of extreme head trauma while on his way to the emergency room; his brain was taken for research (Law, 2013).
State v. Fisher
Scott Allen Fisher in a current case, State v. Fisher, the North Carolina Court of Appeals supported an involuntary manslaughter based on the perpetrator’s act of throwing away a drunk and wounded victim, alive but partly clothed, outdoor in a remote area and in subzero weather and then dishonest about the victim’s whereabouts. In North Carolina, involuntary manslaughter is a common law offense that is penalized as a Class F felony. G.S. 14-18. A strategic feature of the crime is that it includes an unintentional killing State v. Fisher, 351 N.C. 373, 380 (2000) (Smith, 2013).
Various Types of Criminal Defenses
In NC, involuntary manslaughter is a common law offense that’s punished as a Class F felony. G.S. 14-18. A key feature of the crime is that it involves an unintentional killing State v. Fisher, 351 N.C. 373, 380 (2000). The offense has three elements; an individual guilty of this crime: (1) kills (2) another person (3) by an illegal act that does not total to a felony and is not normally dangerous to life or by a culpably neglectful act or error. Momentarily, criminal negligence means a lack of attention or irresponsibility showing an inconsiderate disrespect of significances or a observing indifference to the safety and rights of others. However, the hatred required for second-degree murder includes commission of an intrinsically dangerous act in such a uncontrolled and vicious manner as to manifest a mind absolutely without regard for human life and social duty and intentionally bent on disruption. Although, courts have stated that the difference between involuntary manslaughter and second-degree murder “is one of the degree of risk and recklessness involved” (Smith, 2013).
Analysis in which this Paper Identifies and Examines the Types of Criminal Defenses that were used For involuntary manslaughter, as with all homicides, the perpetrator’s act must automatically cause the victim’s death. A nearby cause is a cause without which the victim’s death would not have happened; it must not have been the only cause, or the last or close cause of death. Foreseeability is a vital part of nearby cause for involuntary manslaughter. Fisher 19 beat 16 year old Michael Rogers and left him in freezing weather to die. However, foreseeability doesn’t require that the defendant must have foreseen the exact injury incurred; rather, it means that “in the exercise of reasonable care, the defendant might have foreseen that some injury would result from his or her act or omission, or that consequences of a generally injurious nature might have been expected” (Smith, 2013).
Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense The nature of this case is involuntary manslaughter. Now that the necessities are out of the way, let’s take a look at Fisher. In that case, 16-year-old Michael Rogers died after joining a party at Fisher’s home. At the party, Michael was stoned and belligerent. At some point, Fisher “kicked or stomped” Michael’s face. One witness labeled Michael as “kind of coming in and out of awareness.” Fisher told his father he had dropped Michael off at the end of a driveway. Officers, concerned for Michael’s protection given that weather were below freezing, searched the area but did not find Michael. As it turns out, the Fisher did not drop Michael at the driveway. Instead, Fisher drove him to a boat access area, beat Michael again, and left him, clothed simply in jeans, in an isolated parking area at the boat access area. Michael was later found dead nearby. The cause of death was hypothermia (Smith, 2013).
Describe how Justification and Excuse Play a Role in the Case
To proscribe conduct this unjustifiably and inexcusably causes or tormenters substantial harm to individual or public interests; to give fair warning of the nature of the conduct forbidden and of the judgments authorized upon conviction. To define the act or omission and the supplementary mental state which constitute such offense; to distinguish on reasonable grounds between severe and minor offenses and to suggest in proportion penalties therefor; to deliver for an suitable public response to particular offenses, including consideration of the consequences of the offense for the victim, including the victim 's family, and the community; and to assure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the restoration of those convicted, and their imprisonment when required in the interests of public protection (Chevigny, 1993).
The Outcome
Fisher was sentenced to a minimum of 19 months and a maximum of 23 months in prison in association with Rogers ' death. Law enforcement officers found the teenager’s body in a field in February 2010 after witnesses says Rogers and Fisher fought at a party at the home of Fisher 's parents. Fisher just shook his head and sipped water as the clerk read the verdict Friday (Harbin, 2012).
This paper has located two cases that discussed various types of criminal defenses. The two choices are: (1) The Jeffrey Dahmer Case, and (2) State v. Fisher Involuntary Manslaughter Case. The two cases analysis in which this paper identifies and examines the types of criminal defenses that were used. This paper has also explained the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. This paper has described how justification and excuse play a role in the cases. This paper has also described the outcome of each case.
References
Bardsley, M. (2013, Spring). Jeffrey Dahmer - The Insanity Defense - Crime Library on.... Retrieved from http://www.trutv.com/library/crime/.../notorious/dahmer/19.html
Chevigny, P. (1993, Fall). Criminal Law Outline. Retrieved from http://www.law.nyu.edu/sites/default/files/upload_documents/...
Harbin, J. (2012, May 18). Scott Fisher was Found Guilty of Involuntary Manslaughter.... Retrieved from http://www.blueridgenow.com/article/20120518/ARTICLE/120519777
Orac, O. (2007, October 20). Jeffrey Dahmer. “Darwin Made Me Do It.” - Respect.... Retrieved from http://scienceblogs.com/insolence/2007/10/20/evolution-made-me...
Smith, J. (1993, Fall). Involuntary Manslaughter: A Recent Case and a Quick Review.... Retrieved from http://nccriminallaw.sog.unc.edu/?p=4405
Jeffrey Dahmer - Case Law - Cases, Case Western Law, Case Law.... (2013, Summer). Retrieved from http://cases.laws.com/jeffrey-dahmer