General Criminal Law

Statistics About Death Penalty You Should Know

Statistics About Death Penalty You Should Know

Death penalty statistics illustrate many troubling problems and complications with capital punishment. These complications have resulted in decreased public support for capital punishment. These problems have also led to decreased rates of execution in death penalty cases in which capital punishment may be the result. These problems include a disparity in the race of defendants who are imposed execution in death penalty cases, as well as complications with the methods of execution that are used.
Death penalty statistics raise questions regarding the fairness of the distribution of capital punishment. Death penalty statistics indicate that despite the fact that African-Americans make up about half of the victims of homicide in the United States, the large majority of death row inmates are executed for murdering white victims. 
Very few defendants are executed for murdering an African-American or a Hispanic victim. There is a very large disparity between the defendants that are sentenced to capital punishment based on the race of the victim in death penalty cases.
Death penalty statistics also illustrate that individuals who are convicted of killing an African American victim or a Hispanic victim are much more likely to receive a penalty of life in prison as opposed to the death penalty. This suggests that the lives of white individuals are more valuable than those of minority races and it contradicts society’s fundamental belief and principle that all individuals are equal under the law.
Death penalty statistics indicate that the large majority of individuals who are sentenced to execution in death penalty cases did not have the financial ability to hire their own lawyer. Therefore, they had to have an attorney appointed by the court. Often, these attorneys are not prepared to handle death penalty cases. 
They are forced to work very long hours and they generally receive little pay for the work that they do. As a result of this, they are not capable of providing someone who is accused of murder with a proper and effective defense.
The majority of executions have been carried out by lethal injection. This may be an extremely excruciating process if the chemicals are not administered properly. Over one hundred prisoners on death row have refused to appeal their sentences. This is known as a voluntary execution. This is often misconstrued as a confession that the prisoner is guilty of the crime with which he or she is being charged. 
However, there are many different reasons that an offender may refuse to appeal the court’s decision. Additionally, death penalty statistics indicate that capital punishment does not act as an effective deterrent. Data shows that states that continue to maintain the death penalty have a much higher rate of murder.

A Quick Guideline to Strict Liability

A Quick Guideline to Strict LiabilityStrict liability is a legal practice in which an individual is held accountable for the injury or the damage that has occurred as a result of his or her actions despite the fault or the mentality of the offender. In cases of strict liability, a criminal defense attorney cannot effectively prove his or her client’s innocence by establishing an innocent mens rea.

Types of Crimes that Warrant Life Imprisonment

Types of Crimes that Warrant Life Imprisonment

Life sentences are extremely severe penalties and are reserved for individuals who are responsible for the most heinous crimes. A life sentence will not be imposed lightly and it is usually reserved for offenders who are responsible for inflicting a great deal of harm or for perpetrators who are considered to be dangerous.
Many people argue that life sentences should be the penalty in capital cases instead of the death penalty. Numerous states agree with this ideology and have abolished the death penalty in favor of life sentences. Life sentences are utilized in order to inflict punishment upon a criminal and to keep the public safe from the threat that is posed by the convict.
A life sentence may be determined to be the appropriate penalty for a number of different crimes. These crimes are usually violent in nature, but in some cases non-violent crimes are punished by a sentence of life in prison.
Life sentences are generally reserved for individuals who are responsible for particularly harmful and severe criminal activity. Convicts who have been charged with the murder of another individual are commonly sentenced to life in prison. This may be the case for individuals who have taken part in aggravated murder or felony murder. 
Aggravated murder occurs when the perpetrator carefully plots and plans their crime before the murder occurs. The offender not only possesses the intent to kill their victim, but the murder does not occur in the heat of an argument. The perpetrator had the time to consider all of the aspects of their crime, and despite the opportunity they had to contemplate the realities of the crime, the results of their behavior, and the consequences they would face as a result of their actions, the offender chose to commit a capital offense.
Many would argue that individuals who are deprived of the moral substance and discernment to recognize right from wrong are a danger to society and should receive a life sentence. In the case of felony murder, an offender kills another individual while in the process of carrying out a felony crime. 
This often occurs in instances of aggravated robbery. The perpetrator may not intend to kill anyone before the criminal activity occurs. However, once the felony occurs, the offender may find themselves to be exceptionally brutal to their victims. They may be carrying a deadly weapon and in the course of the felony they may fire their weapon, severely wounding or killing a bystander. The offender will be charged with murder and will most likely receive a life sentence if they are not sentenced to capital punishment.
Sexual battery and rape are crimes that are punishable by life in prison in numerous states. High treason, especially during war time is often considered to be a crime that is punishable be a life sentence. If an individual is responsible for subjecting another person to extreme violence or brutality during kidnapping, human trafficking, or drug trafficking, they may be sentenced to life imprisonment. Often, drug lords and gang leaders are required to serve a life sentence.
Repeat criminals often have a life sentence imposed upon them. This is especially true if they are responsible for violent crimes. Offenders who take part in multiple instances of pedophilia or sexual assault may receive a life sentence

Omissions of Actus Reus

Omissions of Actus Reus

In the United States criminal justice system, actus reus generally occurs when an individual voluntarily takes part in an illegal action that results in injury or damage to another person or to another person’s property. In most cases, this is fairly easy to recognize. An individual who is responsible for beating another person will be found guilty of assault and battery. Likewise, an individual who robs a convenience store and is convicted is a criminal and will be sentenced to a fitting punishment.
However, in the criminal justice system, it is not always clear who is a criminal and who is not. This is especially true in cases of omission. Although partaking in illegal activities is the most common way that an individual becomes a criminal, an individual can also be convicted of a crime for failure to take part in essential and required activities. 
There are many activities that individuals are required by law to take part in. For example, people who are residing in the United States must pay State and Federal taxes. If an individual fails to pay taxes then he or she will receive penalties for his or her omission. Likewise, an individual who is ordered by a court to pay child support and who fails to do so will receive negative consequences for his or her actions.
An individual who fails to pay child support may face authorities who must determine when the failure to act becomes a crime. criminal charges of contempt and may be arrested. Crimes of omission are often very obscure and vague. In the criminal justice system, it is possible for an individual to be charged with homicide for failure to prevent or to stop a death from occurring, especially in the case of children. 
However, this is largely dependent on the relationship between the victim and the defendant. The most commonly used example that is used to illustrate this is failure to rescue a child who is drowning. If a bystander has no relationship to the child and has no responsibility to the child, then the individual has no obligation to rescue the child.

The Major Aspects of Participatory Offenses

The Major Aspects of Participatory Offenses

Individuals who are responsible for criminal activity are not the only individuals who may face criminal charges. Any individual who is involved in any aspect or part of a crime may face criminal charges. Participatory offenses occur when an individual is associated with some aspect of a criminal endeavor. He or she may not have necessarily taken part in the carrying out of criminal activities, but he or she may have offered assistance to the criminal in some way. Aiding and abetting are two examples of participatory offenses.
An individual may also face criminal charges for taking part in creating a conspiracy or for attempting to carry out a criminal plot. Participatory offenses are very serious crimes and may result in severe punishment. Many people who are taking part in participatory offenses do not understand the consequences of their actions and they do not understand the extent of the criminal charges that they may face.
As noted, individuals who are taking part in participatory offenses are often responsible for aiding and abetting a crime. Any individual who assists in creating or carrying out a criminal endeavor may face criminal charges. He or she does not have to be the main actor in the venture.
Individuals who are caught planning a conspiracy may also face criminal charges. A conspiracy occurs when two or more individuals devise a plan to take part in criminal activities. It is not necessary for any portion of the conspiracy to be enacted in order for the participants to face criminal charges. They may face legal repercussions for their actions just for their plotting.
Individuals who have attempted to break the law but who did not succeed in doing so may also be subject to punishment under the law. It is very important for individuals to become familiar with the law behind participatory offenses so that they are aware of the consequences of their actions, even if they are not the primary actor in a criminal venture.

The Major Aspects of Personal Offenses

The Major Aspects of Personal OffensesIn a criminal procedure, the term “personal offenses” refers to behaviors that cause injury or damage to another individual’s body or health. Personal offenses may be extremely harmful and detrimental to the victim’s physical and psychological well-being. In a criminal procedure, personal offenses may result in extensive legal repercussions, especially if the offender had the intent to assault. 

Political and Social Debate of the Death Penalty

Political and Social Debate of the Death Penalty

There continues to be a great deal of debate surrounding the use of the death penalty in the United States. Both individuals who support and oppose the death penalty have developed valid arguments to support their side of the debate. Individuals who are pro-death penalty raise various acceptable points about the necessity of the death penalty. The death penalty is generally reserved for individuals who are responsible for committing aggravated offenses.
 
 
Despite the fact that many of these points are valid, there are many individuals who oppose the death penalty for reasons of equal merit. Capital punishment is the most severe punishment that a criminal can be sentenced to. Of course, it is an irrevocable punishment, and thus, once the death penalty is carried out it can never be reversed. Individuals who oppose the death penalty argue that humans are not perfect and that they make many mistakes.
 
 
Data and information related to capital punishment indicate that individuals of minority racial groups make up the majority of death row inmates. It is very rare to find a wealthy individual or an educated professional on death row, even if he or she is responsible for killing another individual. 
 
 
Each of these points has merit and they illustrate many of the problems that exist with capital punishment in the United States. As each side of this debate has developed compelling arguments, the debate surrounding capital punishment is likely to continue for a long period of time.

The Major Aspects of Causation

The Major Aspects of CausationCausation is defined as the relationship between a given result and the actions that have caused that result to occur. In the United States criminal justice system, the term causation refers to the actus reus.

Compensation as a Punishment

Compensation as a Punishment

Individuals who are convicted criminals have caused some type of harm, injury, or damage to another person or to another person's property. Criminals cost the Government and taxpayers millions of dollars every year. In order to catch criminals, a State must employ law enforcement officials trained in finding and apprehending dangerous offenders. The State must also establish and maintain correctional facilities in order to house individuals who pose a threat to society.
 
 
It costs hundreds of thousands of dollars for a State to house inmates and to provide criminals with the basic necessities that are needed for survival. The majority of states throughout the United States continue to maintain capital punishment, which costs each State millions more. Court trials and judicial proceedings also accumulate a great deal of financial costs.
 
 
Plus, the damage that a criminal has actually caused has not even been mentioned yet. Criminals may be responsible for thousands of dollars worth of damage as a result of their crimes. A large portion of the costs that are acquired due to the immobilization of criminals is paid by taxpayers. Therefore, in the course of their crimes offenders have produced a material debt to society.
 
 
There are many different ways in which a convicted offender may be required to pay their debt to society. The most common way is through fines. Often, an individual who is responsible for committing a crime will be required to pay a hefty fine as part of their punishment.
 
 
Another common way that a perpetrator will be required to pay their debt to society is community service. Under this setup, a criminal will often be required to take part in work or labor and they will not receive any compensation for their efforts. 
 
 
The tasks that a convict will be required to partake in may vary a great deal. They may include gardening, painting, or picking up garbage in parks or on highways. Community service may also involve volunteering at various types of shelters or for non-profit organizations.
 
 
A criminal who is taking part in community service is paying their debt to society by helping to improve the environment and the community. The actions of the criminal are now directly benefiting the community that he or she originally harmed. Community service may also provide the offender with new talents and abilities that will be productive to society once the criminal has finished their sentence.
 
 
While criminals are addressing their debt to society, they may also be required to pay their debts to their victim. In many instances, a criminal will cause damage to their victim's property. In order to compensate for this damage the offender may be required to pay restitution as part of their punishment. 
 
 
Restitution may occur when the perpetrator provides their victim with funds to replace stolen objects or to repair damaged property. In other instances, the criminal may be required to donate their time and labor to help repair the damage that they have caused.
 
 
Individuals who are responsible for criminal activities are not only responsible for a large financial burden, but also for extensive harm and damage, and therefore, they must compensate society for the destruction that they have caused. 

Is Concurrence Necessary for Criminality?

Is Concurrence Necessary for Criminality?

Criminality can not be imposed on a defendant unless a prosecutor can prove concurrence.