Criminal possession of a weapon in the fourth degree: a person is guilty if they possess any firearm. Attempted murder: a person is guilty if the crime attempted is murder in the first degree (Section 35.15). Assault: a person is guilty of assault in the first degree when with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument (Section…
In the case of the People v. Lewie, Michael Flint pleaded guilty to two counts of depraved indifference murder for the horrific murder of 8 year old Colbi Bullock. The defendant’s girlfriend Alicia Lewie, and mother to Colbi was charged with both involuntary manslaughter and child endangerment due to Ms. Lewie failing to get the child the medical treatment he so desperately needed. In my opinion, Alicia Lewie could undoubtedly be charged with both child endangerment and involuntary manslaughter. Involuntary manslaughter is charged when severe negligence or reckless conduct causes an accidental death to occur. In this case, Ms. Lewie was exceptionally negligent when leaving her child with a man who was known to be extremely violent throughout…
Consider the efforts to change tax and agricultural policies described by Mucciaroni (1994). Begin an analysis of those events using the multiple streams approach described in the Zahariadis (2014) reading. For each case provide answers to the following three prompts:…
Therefore, it is the job of the prosecution to then establish whether she also has the mens rea for her Victims’ murder. The mens rea for murder is the intention to kill or cause grievous bodily harm. There are two types of intention: direct intention and oblique intention. Direct intention as defined by James LJ in Mohan6 is the “decision” to bring about a “particular consequence” no matter whether the Defendant “desired that consequence or not”. In the words of R.A. Duff7 direct intent can be construed from the Defendant’s actions if the Defendant would consider himself a “failure” if the “relevant consequence” did not occur. Lydia stated that she had no “malice” whatsoever to Danielle or Gemma and only intended to scare Jasmine. By applying Mohan8 it is clear that Lydia did not make the decision to throw the law reports in order to kill Danielle and would not consider herself to have failed if her actions did not cause the death of Danielle. Therefore, Lydia did not display direct intent to kill Danielle and whether or not Lydia displayed oblique intent must be explored. The cases of R v Maloney9 and Hancock and Shankland10 provided some confusion on what degree of foresight was required for a jury to infer intention from a Defendant’s actions. In Nedrick11 it was established that the jury should ask how “probable” the consequences from the Defendant’s voluntary act were and if…
Unlawful killing of a human by another human with malice a premeditated thought of another human being, it is this state of mind that distinguishes murder from other forms of unlawful homicide. For example manslaughter either voluntary or involuntary. Murder is a very serious crime that holds the harshest punishment.…
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence.…
At present in English legal system there are two homicide offences murder and manslaughter. For the most serious, murder proof of an intention to kill or cause serious harm is needed for a successful conviction. If a partial defence is used in circumstances, such as provocation or diminished responsibility, then the offence is one of voluntary manslaughter. However, if someone kills but did not intend to cause death or serious harm but there was a death then they are liable to be convicted of involuntary manslaughter. There are numerous criticisms attached to Involuntary manslaughter as it covers a wide range of behaviour which can cause death, although one of the most prosecuted common law offences it is not yet become subject to any statutory definition or change and is in need of reform.…
Intention, normally means desire to aim at something. However, in criminal law, mens rea known as ‘guilty mine’, it requires two distinguishable intentions which are direct intention as well as oblique intention, and apart from, also recklessness. Direct intention means the consequences of the action is desired specifically, just like murder. Defendant is purposed to achieve the death or the grievous bodily harm (GBH) of the victim R v Mohan [1975]. Oblique intention also known as foresight intent, means the consequence which the defendant is not desired, however, it is going to happen when he goes ahead with his acts (Law teacher, 2012). An unsurprising side-effect would result when defendant is achieving some other consequences R V Nedrick [1986]. Under these situations, the court will remind the jury to consider how probable the consequence was foreseen by the defendant. Generally, recklessness means to take an unjustified risk. It covers the case of harm such as manslaughter or criminal damage. Objective and subjective test will be applied respectively in different cases. In other words, intention could be the worst culpability in mens rea. Follow up would be the recklessness.…
On June 30, 2003 a complaint was filed with the Department of Public Instruction against the Mukwonago School District. The issues regarding the case are whether the Mukwonago School District completed the following during the 2002 to 2003 school year: that at the Individual Education Program team meeting made the required written materials available to the participant, ensured that the Individual Education Program team and parent successfully determine that the child needs special education, the Individual Education Program used proper criteria to determine that the child is classified as a disability within the reason of other health impairment, and finally, whether the Individual Education Program team gave the parent a proper evaluation report.…
* The accused can’t be convicted of aiding in the commission of a crime that he does not know is intended…
The doctrine of transferred intent is acting with the purpose or intent to do harm to a specific individual yet, the intended target is not harmed but another bystander is harmed instead (General Elements of Crimes, 2010). An example of transferred intent would be the case that was in the news of an eleven (11) year old boy that was subsequently shot in the head as a result of transferred intent. Keon Malone was the eleven (11) year old that was an innocent bystander when he was shot while in his mother’s home through the door. Brandon Scott fired his weapon at the apartment next door to where Malone was, but the bullet did not hit his intended victim. As a result of Brandon Scotts’ recklessness, Keon Malone now has permanent mental and physical…
“First-degree murder? Me? I wasn’t thinking straight.” Says the murderer of his wife and brother-in-law. How could he claim it was unintentional?…
Central to this expansion is determining liability through a person's degree of associated knowledge and participation in a crime. In a criminal context, the principal offender is one whose acts or omissions are the most immediate cause of death. The identification of secondary parties depend on judicial interpretation of 'aid, abet, counsel and procure' . To identify these parties, a causal link must be established between them. Accessories before and after the fact are also relevant in determining liability. Defences that deny an accused's associated knowledge and participation in a crime may be employed as, generally, principals and accessories are held liable to the same degree. Such issues will be further explored when discussing complicity and inchoate offences.…
The elements of murder are, the intention to kill, recklessness causing death, the intention of inflicting grievous bodily harm. The requirement of convicting someone of attempt to commit murder the People must prove that the defendant took at least one direct but ineffective step toward killing another person. A direct step is one that goes beyond planning or preparation and shows that a person is putting his or her plan into action.…
b) Is reckless as to causing actual bodily harm to that or any other person,…