Criminal Liability and the Use of Force In today’s world it is of utmost importance that law enforcement understands how to determine culpability with regards to criminal activity as definitions surrounding what constitutes a particular crime can be confusing. Just as important is the ability to know when to use force, what constitutes use of force, and how that force can and cannot be applied. In determining culpability one must remember that criminal responsibility also has the potential to be used to excuse a person from acts committed that could result in arrest, incarceration, or other legal sanctions (Gardner & Anderson, 2012, p. 109). Criminal acts such as solicitation, attempt, and conspiracy are usually considered a misdemeanor; however, should law enforcement prove that a violent or harsher criminal act was the outcome of such an action; it could result in additional charges as well as stricter punishments. Solicitation, for example, is the act of encouraging another person to engage in criminal activity. Two of the most common examples of solicitation are offering someone money to engage in sexual activity (prostitution) and asking, offering money, or trying to emotionally blackmail someone to commit murder. A person who attempts to solicit another to engage in behavior that is criminal in nature can be charged with a crime even if the act is never committed. Solicitation is an inchoate crime as is attempt and conspiracy. The State of Florida incorporates all three under one statute -Chapter 777- 777.04 Attempts, Solicitation, and Conspiracy (The Florida Legislature, 1995-2014). The most important element of this crime is intent (mens rea). Establishing intent is crucial in proving the varying degrees of cr... ... middle of paper ... ...lawyer.com: http://www.loganlawyer.com/conspiracy.html Net Industries. (2014). Solicitation - Statutory Development. Retrieved February 7, 2014, from law.jrank.org: http://law.jrank.org/pages/2130/Solicitation-Statutory-development.html Scarry, L. L. (2005, September 23). The 4th Amendment and deadly force. Retrieved February 8, 2014, from Policeone.com: http://www.policeone.com/legal/articles/135084-The-4th-Amendment-and-deadly-force/ The Florida Legislature. (1995-2014). The 2013 Florida Statutes. Retrieved February 5, 2014, from Online Sunshine: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0777/Sections/0777.04.html WFTV. (2011, May 20). Surveillance Shows Officer Throwing Woman On Ground. Retrieved February 9, 2014, from Wftv.com: http://www.wftv.com/news/news/surveillance-shows-officer-throwing-woman-on-groun/nFCyb/
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
Doeden, Matt. Gun Control: Preventing Violence or Crushing Constitutional Rights? Minneapolis: Lerner, 2012. 7- 61-63. Print.
Within the United State Supreme Court many tools are utilized to determine the final outcomes of cases. One of these tools is known as the “reasonable man/police officer” test. When it comes to keeping individuals out of the criminal justice system, the theory of deterrence is practiced. In this paper I will be discussing the importance of the “reasonable man/police officer” test and why it is used in the U.S. Supreme Court. I will also be discussing the importance of deterrence in our criminal justice system. Each of these two topics include different aspects that have to be recognized first in order to understand the overall concept. I will explain each topic, give an answer on why I agree and disagree and also provide supportive evidence for each of my points of view.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
Of many crimes ranging from theft, rape all the way to capital murder. “Do the crime you do the time.”
• Slobogin, C. (2012). What Is the Essential Fourth Amendment?. Texas Law Review, 91(2), 403-417.
2. Sex Trafficking: Involving commercial acts induced by force, fraud or coercion, or in which the person performing the act is under age 18. Victims can be found working in massage parlors, on the streets, in brothels, strip clubs, and escort services. (Williams, 2013)
The degree of force that officers use is heavily influenced by police discretion in real-world situations rather than espoused by a certain agenda. Discretion can be classified into four different categories where administrators, the community, and the individual police officer exercise differing degrees of influence in decision-making. What is needed to help officer discretion is a central ethos that will guide discretion when all other rules fail to help.
(Reid & Piquero, 2014). There are some common terminologies regarding the determinants that led many young victims into this path; the first one is “love bombing”, this term is coined by many gang members, which infers promises made to young victims for love or better lives, then requiring them to earn money through sex trafficking (Reid, 2014). The second term is “entrapment”, this general term regards to schemes that a pimp or exploiter can use to influence the victims’ emotions in order to force them into perform sexual trafficking (Reid, 2014). A few familiar examples can be: normalizing sex, isolation, flatter or romance, preying on intellectually disabled youths (Reid, 2014), false agencies advertise for modeling opportunity, but often turns out to be abduction traps leading to sex trafficking (Hodge, 2008). The entrapment examples above vary in repetition, some are used often, while others are special cases (Reid, 2014). Another term is “enmeshment”, this term offers an alternative conception for emotional factors being reasons why a child victim would be linked to sex trafficking situations; for examples, loyalty, a sense of obligation, pimps provide hope to return to family, intimidations, or fear of harming loved ones (Reid, 2014). It is also highly conventional to threaten pregnant female victims, ranging from
For instance, any financial crime can leave individuals without shelter, money, or any reasonable quality of life due to the white collar offense. Therefore, white collar crime may not involve force, they still may affect people physically. As a matter of fact, white collar crime may result in a greater impact than street crimes. Nevertheless, we continue to operate on a dichotomy of beliefs regarding violent and non-violent crimes. In this paper, we will explore white collar crime as a non-violent crime. Those crimes under discussion are blackmail, bribery, embezzlement, and forgery. In addition, we will discuss violent crimes such as first degree, second degree, and manslaughter (Verstein,
Rauch, Jonathan. “The Right Kind of Gun Rights.” National Journal Vol. 40 Issue 11. Academic Search Complete. 15 Mar. 2013. Web. 6 June 2015.
A. “the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or
threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of
Time may pass and personal morals may change, but one of the strengths of the United States of America is its unwavering dedication to justice. Throughout time, this country’s methods and laws have grown and adapted, but the basis of the law enforcement’s work has remained the same: the safety and interest of the people.
As an example, if Shay asked her boyfriend to kill her husband so that she can collect the life insurance. Shay can be convicted for solicitation because she asked her boyfriend to kill her husband. Another example would be Katie command Shawn to hit Missy in the face because she does not like her. Katie has the intent for Shawn to assault Missy, so Katie can be convicted for solicitation. A perso...