Severence, L., Goodman, J., & Loftus, E. (1992). Inferring the criminal mind: Toward a bridge between legal doctrine and psychological understanding. Journal Of Criminal Justice, 20. 107-120.
First, the first element of a crime is Mens rea. “The mental element is known as the mens rea, or mental state, of the defendant.” (Hames & Ekern, 2009) The prosecution lawyers try to prove if the defendant has knowledge of the crime. What was the defendant’s mental state? Were they aware of the effect of the crime, did the defendant plan the crime, o...
In closing, the criminal trial process has been able to reflect the morals and ethics of society to a great extent, despite the few limitations, which hinder its effectiveness. The moral and ethical standards have been effectively been reflected to a great extent in the areas of the adversary system, the system of appeals, legal aid and the jury
However, in the real world the process is not as seamless and rapid one would observe on television. There are normally two trial for homicide cases, one for conviction and the second for sentencing. In this paper this author will explain the trial process for homicide investigation and the main stages of the trial . Moreover, the uniqueness of homicide investigations in relation to other crime that goes to jury trial will be examined. Lastly, an explanation to why all capital murder cases go to trial will be discussed.
Psychological profiling of offenders and their motives has been a growing practice, especially throughout homicide crimes. The main issue with profiling is the accuracy that it can provide or does provide or doesn’t provide. It isn’t an exact science, it is probably thought of more of as an intuitive ability. In the article, Investigative Experience and Accuracy in Psychological Profiling of a Violent Crime, Kocsis, R., Hayes, A., and Irwin, H actually empirically assess the accuracy of criminal profiling.
To conclude, in the modern world of catching criminals, psychology plays a big role. Psychology helps create a profile of any offender whether it is a serial killer or rapist. The book “Mind Hunter” opens up the world of knowledge on criminal psychology and the psychology behind serial crimes. Behavior reflects personality, and profiling the behavior can lead to catching the offender. There is a psychological reason behind every event trait and action a criminal commits. In interrogation, the interviewer uses psychological techniques to get inside the head of a suspect and have a confession. When you can think like a killer you can catch the killer. The only way to get into the mind is through psychology.
Emotional intelligence in restorative justice not only falls into a method for helping mend wounds and resolve anger and fear issues after a crime has taken place, but also to prevent it. By holding emotional power over potential offenders, the community can use these emotions to seek to restore and prevent reoffending individuals. Besides positively engaging offenders, communities that practice restorative justice can also seek to shame offenders for their acts, without blaming the offender directly for their actions. One such method of restorative justice that communities utilize is the reintegrative shaming theory. Developed by Braithwaite in 1989, the theory states that societies that aim to create shame on the act of crime will reduce crime rates (Braithwaite, 2001). The theory
Criminal procedures protect individual’s rights through a set of rules stipulating on how investigations should be conducted. In this paper, I will analyze the criminal justice process and explain what happens during this process. State prosecutions go by the procedure code of the state, but typically mimic the Federal Guidelines, so I will attempt to explain most of the process under those Federal Guidelines up to the rights of the defendant through pre-trial proceedings.
The trials for capital offenses are extensively in depth compared to a regular trial. Before a trial begins the prosecutor must file an intent to punish by death (Sylvester, 2). More time is taken to prepare for death penalty cases, to ensure every hypothesis is explored. There are twice as many attorneys given to the defense and prosecution, and a larger amount of experts gathered to study the case. A duke university study shows that capital murder trials take three to five times longer than a simple murder case. Death penalty cases conduct two trials. In the first trial, the jury determines if the defendant is innocent or guilty. In the second trial, the jury decides if death is the fitting punishment for the crime (Dieter, 1). To avoid a mistrial, a unanimous verdict must be found (Sylvester, 1). Evidence plays a key role in the process of each part of a capital trial. “The DNA tests main effect will be to increase society’s confidence that the man or woman being strapped to the death gurney really did commit the crime” (Williams, 167). The trials that are carried out for capital pu...
Imran is both a factual cause and the legal cause of Adele’s death. His original conduct of exploding the paper bag created a dangerous situation when Adele fell over, hit her head, and lost consciousness. The actus reus for the original act was exploding the paper bag, although the mens rea was not present because he did not intend to hurt her. The mens rea did not become present until Imran became aware that he caused Adele’s injury. According to R v. Miller , Imran adopted a duty to remedy a dangerous situation by causing Adele to fall and hit her head; thus upon realizing what has happened, he has an obligation take the necessary steps to make sure she is safe. In the case, the defendant fell asleep while smoking a cigarette and accidently lit the bed on fire. When he woke up and realized the dangerous situation that he had caused, he left the room. The court held that he had a duty to try and remedy the situation, which he failed to do; therefore, he was found guilty by committing an omission. In Miller , the ...
As a part of the three pillars of the criminal investigative process, a thorough and complete interview provides greater insight into the psychological elements of the suspect or even victim’s behaviors during the commission of the crime. The interview can also provide understanding of and give a clear definition to the evidence isolated by the forensic investigation of the case. In spite of its importance however, the value of the interview alone can be nil without the psychological and forensic pillars. By the same token a poorly executed interview along with a flawed effort to assess credibility can degrade if not destroy the efforts in the forensic and psychological portions of the investigation and any subsequent prosecution.
Whittemore, K. E., & Ogloff, J. P. (1995). Factors that influence jury decision making: Disposition instructions and mental state at the time of the trial. Law And Human Behavior, 19(3), 283-303. doi:10.1007/BF01501661
To determine the fault in criminal law depends of establishing two elements. The Actus Reus, meaning ‘guilty act’; must be shown to prove the physical components of a crime. The second element, is the Mens Rea, meaning guilty mind proves the state of mind of the defendant. In order for criminal liability to be proved, both elements must be established.
...t I do not think that the evidence presented is enough for a conviction to sentence any man or woman to death.
...cts which crime to charge the defendant with, but then the jury determines whether the defendant was actually guilty of second-degree murder or involuntary manslaughter.