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The Separate Jurisdictions of State Law

The Separate Jurisdictions of State LawEach State is responsible for establishing and maintaining State laws. The Federal Government has little or no power over the laws that each State chooses to establish. Every State is responsible for the safety and the security of the people that live within its borders, and they are obligated to create State laws that will help to ensure this safety. 

Which States Disallow the Death Penalty?

Which States Disallow the Death Penalty?

Like all laws, death penalty law varies a great deal from one State to another. Since the establishment of the American colonies, death penalty law has been in place. Throughout the majority of history these laws have been harsh and have allowed for the punishment of minor crimes.
In recent history, death penalty law has become much more scrupulous and rigorous. Individuals can only be sentenced to capital punishment if they are responsible for committing a capital offense. Today, most states’ death penalty laws only allow an individual to be executed if they are convicted of aggravated murder, or in some cases felony murder. However, people against the death penalty have cited numerous problems that continue to exist with capital punishment.
Society can be protected from the threat that is posed by a dangerous criminal effectively if the offender is sentenced to life without parole. Also, capital punishment costs a great deal more than life sentences. Various states began to recognize and acknowledge the problems and complications with capital punishment.
In 1846, Michigan became the first State to abolish the death penalty. It was followed closely by Wisconsin and Maine. In 1911, Minnesota outlawed the use of capital punishment, followed by Hawaii, Alaska, Vermont, Iowa, and West Virginia. North Dakota abolished capital punishment in 1973 and Massachusetts and Rhode Island prohibited the practice in 1984.
The states to abolish the death penalty most recently were New York and New Jersey in 2007, and New Mexico in 2009. When New Mexico eradicated capital punishment, it did not reverse the sentence of capital offenders on death row prior to 2009. Therefore, there are still a few prisoners on death row awaiting execution in New Mexico. 
The District of Columbia also does not practice capital punishment. The efforts of people against the death penalty have convinced numerous states to discontinue the use of capital punishment

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.

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.

Jurisdiction

JurisdictionIn criminal law, the term jurisdiction refers to the authority of a particular court to preside over or administer a specific case. The question of jurisdiction is a primary aspect in criminal law cases. Before a case can be investigated or tried it must be determined who has jurisdiction over the case. In some instances, jurisdiction may cause a great deal of debate between State governments or between the State and Federal government.

The Use of Life Imprisonment

The Use of Life Imprisonment

Life sentences have been issued for hundreds of years. However, they increased in popularity a great deal during the 1970s. Today, there is yet a great deal of controversy surrounding various aspects of life imprisonment.
The use of life sentences for juvenile offenders has caused numerous arguments. Likewise, the practice of granting parole for criminals who have been given a life sentence has been hotly contested. Many individuals argue that convicts who are sentenced to life in prison are not provided access to the psychological help that they require. There are many pros and cons that are associated with life imprisonment, and these factors need to be considered and addressed going forward
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