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Texas Ethics
Texas Ethics
Isaac Diego
POLS 2306-96L
November 26, 2019
Texas Ethics
People in Texas have strong values and beliefs. Right from childhood, people are taught how to behave in an ethical way. From a very young age, the character is moulded ((molded?)) such that when they are old the values and beliefs instilled in them does not fade away. The values and beliefs imparted in people do not in any way allow them to indulge in any unethical practices. Thus the values and beliefs of people affect how they make their decision. Political and governance decisions are always grounded on beliefs and value systems. These values are likely to affect policies that will affect Texans including education, health, judicial system and even infrastructure.
The most ethical problem facing Texas is corruption. Many people are engaging in ((Is your statement on the corruption too sweeping. “”Many people” may be too broad. corrupt activities. Corruption is more prevalent in people who hold high position in government offices. Public corruption is so common in Texas. Just about every public official is facing a criminal charge. In February, the FBI organised a raid in part of Texas. During the ((In what municipality was this raid conducted?)) raid, the mayor, three members of the city council and the city manager were all accused of engaging in corrupt activities (Greenblatt, 2016). They were all found guilty by the FBI of being part of a bribery scheme and a conspiracy arrangement. Most of these officials take bribes to allow corrupt activities in Texas including running of illegal gambling activities.
Previously before the raid, a member of the city council was found guilty and charges were pressed on him on the ground of human trafficking. Out of all the members of the city council only one member is not facing any criminal charges. It seems that corruption is so predominant in the Texas that no one is governing the city right. Bribery is on the rise every single day. The city council is the most affected. City council officials take bribes and are helping to promote illegal gambling schemes in Texas (Board, 2019). City council officials are going to the extent if offering an enormous salary to the city attorney general who is inexperienced. ((I don’t believe that you have identified the municipality where the city council is located.))
The same kind of corruption that is being experienced in Texas is now being felt by the whole country. Corruption is affecting the entire country. People are being affected in getting crucial work done. Statistics show that nearly a quarter of the Americans are convinced that their public officials are engaging in corrupt activities. In the recent years, ((Good use of the material.)) many politicians in Oregon, Alabama and New York have either been accused or convicted of corruption. Corruption is being felt in the country as a result of loop holes in enforcement of legislation and lack of transparency in procurement processes. The end result of these is unspent public funds, failure in delivery of public services. The courts too have been affected with individuals and companies donating funds to judges running for positions and thus may be partially biased despite the Citizen United ruling (Ornstein, 2015).
Corruption is more prevalent in the police force. In 2018, a police officer in Philadelphia was convicted and pleaded guilty to the crime of drug trafficking. The crime by the police officers is considered one of the worst cases in the United States corruption scandals. The prosecutors of the case stated that the crime was a case of abuse of power. Officers in Baltimore seized drugs from a drug trafficker. The drugs were then redistributed in the streets of Philadelphia by the police officer. This is one among many cases of corruption that face several police officers in the United States.
Fraud, bribery and abuse of power in the police department are among the leading causes of corruption. Masked corrupt police officers are known to be drug lords and ring leaders. Most of the officers are gang leaders and notorious drug dealers. Drug trafficking is an easy channel that most police officers are using to make good money. Once the police officers cease drugs from drug dealers, instead of confiscating the drugs, they end up redistributing the drugs and selling them in the streets.
((Do you have proposal on how to reduce corruption in the Texas government system?))References
Board, E. (2019, February 21). This is a tale of nepotism and corruption at the top of Texas government. Retrieved from https://www.caller.com/story/opinion/2019/02/21/tale-nepotism-corruption-top-texas-government/2929548002/.
Greenblatt, A. (2016, May) Why Is Public Corruption So Common in South Texas? Retrieved from https://www.governing.com/topics/politics/gov-public-corruption-crystal-city-texas.html.
Ornstein, N. (2014, October 16). Courting Corruption: How Judicial Elections Threaten the Justice System. Retrieved from https://www.theatlantic.com/politics/archive/2014/10/courting-corruption-the-auctioning-of-the-judicial-system/381524/.
Tennessee Gun Theft
Tennessee Gun Theft
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Table of Contents TOC o “1-3” h z u Table of Contents PAGEREF _Toc53932624 h 21 Unit of analysis PAGEREF _Toc53932625 h 32 Variables PAGEREF _Toc53932626 h 3a.Dependent Variable PAGEREF _Toc53932627 h 4Gun theft from vehicles PAGEREF _Toc53932628 h 4Operational definition: PAGEREF _Toc53932629 h 6Level of Measurement PAGEREF _Toc53932630 h 7b.Threat to Measurement Validity PAGEREF _Toc53932631 h 7c.Threats to measurement reliability: PAGEREF _Toc53932632 h 91 Implementation of a law to carry a gun inside vehicles without a permit PAGEREF _Toc53932633 h 9d.Threat to measurement reliability PAGEREF _Toc53932634 h 10Research Designs PAGEREF _Toc53932635 h 10Data collection Method PAGEREF _Toc53932636 h 11e.Introducing independent variables PAGEREF _Toc53932637 h 11f.Threats to Internal Validity PAGEREF _Toc53932638 h 12External validity PAGEREF _Toc53932639 h 12Best design and ethics PAGEREF _Toc53932640 h 13
1 Unit of analysisThe unit of analysis in this study are states
2 Variables
By looking at the gun issue in the U.S. there are key indicators that are used as variant elements when studying the issue. One of the key aspects that paint the image of U.S. gun issue is the legalization and dependent factors for the gun use. One of the most outstanding variants in the gun issue is the difference between the registered and illegal guns. Perhaps it is hard to pinpoint the number but it is clear that there is a considerable number of people who carry guns illegally. The Tennessee’s 2014 decision to allow unlicensed individuals to carry guns is one of the most dynamic debating point in the issue of illegal guns in the area. Some people and law makers have argued that allowing unlicensed individuals to carry guns will only add fuel to the fire in an already sensitive issue of public security. The increase in robbery, killings, and even suicide was seen to increase dramatically in Tennessee with many claiming that the issue was not well thought. Digging deeper into the matter revealed that the aspect of vetting individuals to weigh out their mental stability and credibility of handling a gun plays a crucial role in the area of public safety.
The decision to allow unlicensed individuals to carry firearms in their vehicle was believed to lead to an increase in gun thefts from vehicle. A case in point is where the unregistered firearms were noted to be the most used in crime and other peace-threatening activities. Most importantly, permitting unregistered individuals to carry firearms was noted to lead to increase in crime. The use of firearms in most cases led to the individuals using the opportunity to even carry more than gun. The legal basis of this 2014 law was the increased cases of robbery and even theft of guns in vehicles. Most of the people who were interviewed on the viability and legality of allowing unlicensed individuals to carry firearms stated that the issue itself is a threat to local public security. As noted in many cases, the Tennessee firearms laws have a very unique outlook from other areas.
One of the underlying factors on firearms laws in Tennessee is the link between the legal basis and the individual rights. As seen in many areas, the gun laws in Tennessee have been revised occasionally to blend with changing aspects of legal basis. Within the past three years, Tennessee has made drastic changes in its firearm laws that are meant to bring sanity in the public. Tennessee issues permits for the concealed or open carry of handguns, but not loaded long guns. However, an individual is free to carry a loaded handgun or long gun in their car without a permit as part of the expanded “castle doctrine” self-defense law. The basic laws that restrict firearm ownership in Tennessee are fundamentally laid in line with the local legal backing. To add on this Tennessee has seen a drastic revision of the firearm laws that have made it possible to create a viable and strong public safety mechanisms. However, the permitting of unlicensed persons to carry firearms in vehicles has for most cases been criticized. One of the basis for the negative perception regarding the law is that it has restricted viable firearm limitation rules that are mostly needed in Tennessee.
Dependent VariableGun theft from vehiclesGun theft from vehicles as the dependent variable is descriptively related to the issue of firearm theft that is implicated on reckless permitting of unlicensed individuals to carry firearms. Gun theft from vehicles in Tennessee has occasionally been reported to police and ranks among the top security issues being addressed today. With many individuals carrying guns and leaving them in vehicles, the security threat has increased due to the stealing of those firearms. One of the defining aspects of the gun theft in Tennessee is that the unlicensed individuals hardly have the right documentation for the guns. This makes the firearms an easy target by the criminals who find them easy to carry as they are hard to track.
Another issue is that some of these individuals who carry guns are reckless and leave them in in the open where the thieves can easily get them. For example, 3 out of 10 guns stolen from vehicles were as a result of the owners leaving the car windows open. Such reckless behavior only points to how unqualified the gun owners are to a point where they leave their firearms an easy target and in the open. The Tennessee gun laws first prohibit public display of guns mainly in areas with children like malls and supermarkets. The reckless behavior of some of the gun owners has only intensified the matter with the local authorities unable to bring sanity to the matter. As seen in most cases, gun owners undergo extensive vetting to ensure that they are qualified to carry guns. Allowing unlicensed individuals to carry guns goes against the norm and raises an issue of insecurity that has for many decades created a public safety issue.
The Tennessee gun laws are mainly ascribed to the public safety that have for many years been revised to match the safety needs. The legalization of guns in public places remains the major point that attributes to the growing aspects of public safety. In the past ten years, Tennessee has had a robust gun control and regulation laws that have enabled the region upgrade its public safety. However, there have been some limitations that relates to the increasing issues of allowing unlicensed individuals to carry guns. Federal law prohibits certain persons from purchasing or possessing firearms, such as people who have been convicted of felonies, people convicted of certain domestic abuse crimes or subject to certain domestic violence related restraining orders, and people with certain mental health histories. One of the drawbacks in this is that the key laws laid down has created loopholes in public safety that has increased the issue of gun theft. The most disturbing issue is that these guns are stolen and end up in the wrong hands. Consequently, the increasing cases of crime like robbery and killings will only get worse as the public safety issue is also threatened.
Operational definition:The number of incidences of theft of property inside vehicles has dramatically increased in Tennessee. For example, in 2017, it was reported that there was an average of 7 cases of property theft in vehicles per week in Tennessee that shows the sensitivity of the issue. One of the underlying factors in this issue is that the local authorities and the police continue to lament the laxity in law making that has created loopholes in the area of public safety. To make the issue worse, the laxity in gun laws has created a huge loophole that continues to make it hard for the police to keep law and order.
Theft in cars has been one of the main issues that Tennessee faces and this even involves stolen guns that threaten public safety. Still, there has been more issues of robbery in public areas where the majority of the victims were individuals in the cars. Statistically, Tennessee has seen a 12% rise in public safety issues mainly the areas of theft of property inside vehicles. Among the reported cases, it was found that 2 in 10 thefts involved guns where the owners left the in vehicles. One of the underlying issues for this matter touches on people who left guns in the cars that today remains a key issue in Tennessee.
The police department in Tennessee reported that in 2018 alone, more than 2500 firearms were stolen in public places that accounts to 34% of the total cases. Among the stolen guns, 55% were stolen inside vehicles that points to the need for reforms in gun licensing. One of the ways to look at the issue is to evaluate how the problem of unlicensed individuals carrying guns affects local security.
Level of MeasurementBased on the laid down parameters regarding gun ownership in Tennessee have largely been pinned on key factors like regulation and right to own a firearm. The dependent variable will be a ratio variable because the distances between the attributes of the variable is meaningful and a value of zero on this variable is meaningful. The real attributes that imply a tangible value that is pinned on the dependent variable also touches on the gun ownership and variant rights. The level of measurement in this regard will look at the dependent and dominant factor that looks at the key aspects of a firearm regulation and how its related to the gun theft. To be precise, gun laws in Tennessee have always been pinned on the right to own the firearm and the personal right to safety.
On the other hand, the variable can also at the absence of gun theft in vehicles. The dependent variable in this case therefore illustrates the dominant factor that is also influenced by a set of variables. For example, the theft of guns can be associated with people recklessly leaving the car doors and windows open. Still, the variable can also be analyzed by assuming that the gun theft was a form of robbery where the firearms were well secured in the vehicle when they were stolen. The goal here is to look at all the factors surrounding the issue of gun theft in vehicles and how allowing unlicensed individuals to carry guns promote the theft.
Threat to Measurement ValidityiFace validity: Face validity implies that there is a credible proof basis that can be used to verify the reliability of the data collected on the phenomena. In this case, the face validity will be based on the logical presentation of the observable phenomena that in this case is gun theft. For a more clear analysis, the face validity will analyze the one on one link between the gun theft and permitting of unlicensed individuals to carry guns. To make it more elaborate, face validity is vital in this research because it will help affirm the credibility of the issue being studied. Still, face validity can help create the right outlook of values that will touch on the link between the integral and variant factors that all relate to the issue of gun theft in cars.
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Criterion-related validity: Criterion related validity is the true picture of the matter being studied and looks at the possibility of the occurrence. Looking at the relationship between tangible and intangible elements, the criterion-related validity will touch on the link between the gun theft and laxity in gun laws. For the case of Tennessee, the gun theft in cars is solely tied or blamed on lack of strong laws that can help tame or limit the issue of unlicensed individuals owning or carrying guns. This measure is an official measure of gun thefts from vehicles and therefore is generally accepted as a valid measure of the construct from theft from vehicles. Therefore, the dependent variable has criterion-related validity.
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Multiple Measures: one of the ways to verify that one factor in a study is related to the outcome is to compare more than one element. In the case of Tennessee, the best way is to have a directly linked elements that point to gun theft and show how these factors point to one outcome. For example, to show whether the variable captures changes in gun thefts from vehicles may be to compare it the number of insurance claims filed for stolen firearms. If the two measures are correlated, it can be expected that the measure has construct validity. Tennessee issues permits for the concealed or open carry of handguns, but not loaded long guns. However, an individual is free to carry a loaded handgun or long gun in their car without a permit as part of the expanded “castle doctrine” self-defense law. The basic laws that restrict firearm ownership in Tennessee are fundamentally laid in line with the local legal backing. Still, the comparison has to factor in a key variant that will remain constant in the issue that is the gun theft and how it relates to attributed causes.
Threats to measurement reliability:
iStudy reliability is one of the key aspects that define a valid outcome and thus the outcomes and findings of such a research can be trusted. Validity is only affirmed by the term consistency that is the stability in the data collected on the gun theft. Reliable data has a unique pattern that do not change with time but rather very dependent and shaped by matters on the ground.
Independent variables
1 Implementation of a law to carry a gun inside vehicles without a permit
Operational definition: The defining element in this study is that the state of Tennessee has allowed and implemented a law that allows citizens to carry a weapon in their vehicles even when they are not allowed to carry guns in public.
Level of measurement : The independent variable takes an independent stand by assuming that every state has its own unique laws. The nominal variable thus is based on the direction taken by every state to have its own laws or not.
Threats to measurement validity:
iCriterion-related validity: Based on Tennessee’s gun laws and validity of the laws, there is an assumption that the gun laws take time before they are implemented. The implementation of these laws is thus solely dependent on the state’s agility and the speed taken by the law enforcers. The validity here thus lies in the enforcement of the gun laws that are abiding to the fact that gun theft needs to be controlled. To assess the effectiveness of the laws, the study will measure the time taken to implement the laws and the underlying factors that define the law enforcement and how these laws are able to effectively address the gun theft issues.
Threat to measurement reliability
i. Since the study is based on gun laws comparison between states, there might lack some credibility of the data based on how each state addresses the issue. It is therefore assumed that gun laws are largely rooted in the problem each state faces and therefore there must be some distinct differences. The other takeaway from this is that the independent variable and the validity of the data will depend on the respective state and its interlinked gun laws that will in this case be unique from other states. The increase in robbery, killings, and even suicide was seen to increase dramatically in Tennessee with many claiming that the issue was not well thought. Digging deeper into the matter revealed that the aspect of vetting individuals to weigh out their mental stability and credibility of handling a gun plays a crucial role in the area of public safety.
Research DesignsThe study will utilize the descriptive research design and the quasi-experimental design. The two research designs fits this study because it is rooted in actual values and thus attributes to a well-connected data spread that suits the selected variables. The descriptive research design is a scientific method which involves observing and describing the behavior of a subject without influencing it in any way. A descriptive study establishes only associations between variables; an experimental study establishes causality. This makes the design fit for this study because it is rooted in analyzing and comparing variables thereby creating a dominant variants. The study will also look at the application of each variable and how it relates to the phenomena being studied. The treatment group will be the state of Tennessee, which is the only State implementing the law in 2014.
The comparison group will be other States that did not change their laws at any point in the period before or after the Tennessee law was passed in 2014. The comparison group will be made of 13 other states that did not change their laws during the study period and had a comparable way of measuring the dependent variable. Comparison states were comparable to the treatment state in the restrictiveness of their gun laws. In this study, it is impossible to randomly assign States to the treatment which makes this design a quasi-experimental design.
Data collection MethodThe data collection method will follow or seek to analyze the variables monthly for several years. The analysis period will also be equal and run through the stated period for the data consistency. The data will also be collected based on the laid down parameters that look at the gun laws and ow they compare between Tennessee and other states. It is clear that most of the studies in this area have focused on limited variables and therefore gathering data on the chosen scope will increase the study credibility. The study will also be based on the varied avenues for an integral values that point to the integral values that point to how gun laws and permitting of unlicensed individuals to carry guns leads to the issue of gun theft in vehicles.
Introducing independent variablesThe independent variable for this study will only be introduced in Tennessee and thus the study will focus on the state as the field for data collection. The additional data will seek to compare the values for an integral element that looks at how the nominal values will verify the variables. The independent variable will be measured by coding the legal codes of all the states included in the study and assess whether the state implemented the gun carrying law and the exact month the law was implemented.
Threats to Internal Validity
History: The threat to external validity will cover broad scopes that look at how the past data collection methods performed. It is true that the history of data collection applies in this study in reference to scope and credibility of the study. results. gun thefts may increase in Tennessee because of a national tragedy such as the Sandy Hook mass shooting that occurred during the study, leading people to be desperate to acquire guns for protection. In this study, the data researchers are guarding against this threat to internal validity by including a comparison group.
Instrumentation: The threat to internal validity and the scope of variant data collection methods will look at how the various scopes of inputs are credible. The instruments used to gather data can have a form of valid threats if they are not reliable. To add on this, the data collected may also have flaws ad margins of error that will affect the results and findings of the study.
External validity
There are possibilities of external threats to validity for this study. Validity can be affected by many things that relate to the credibility of the data and the various scopes of the data collection methods. To address ex ternal validity, it is good to look at how the various avenues of data collection were utilized to guarantee credible, valid, and reliable data. The threat to external validity in this study is possible and will affect the nature of data and ultimately the scope in results. To begin with, Tennessee has very unique gun laws and thus not all data collection parameters may apply in this study. Tennessee is a state that is not very restrictive in terms of gun laws, which means that guns may be more easily available than in a more restrictive state. It is possible that allowing guns in cars in a state with more restrictive gun laws, or with more urban centers, might see an even greater increase in gun thefts from vehicles.
Best design and ethics
Study ethics remains a key concern for this study to guarantee reliable and valid results. The participants in this study will have to be guaranteed their safety, privacy, and respect. Since the study is gathering data on a very sensitive matter of crime and guns, the study will observe wide scope of privacy and respondent safety during data collection. This will be in line with the study demands that are outlined within the avenues for data collection that demands that the respondent to be protected and not coarsed to provide data or participate in a study.
First, the respondents will be voluntarily be requested to participate in the study without being forced. The other ethical consideration will be to ensure that the respondents understand the value and need for the data and thus provide ample information before the study begins. concerns associated with revealing the identity of participants are minimal, since the unit of analysis is at the state level. Nevertheless, while crime incident statistics are anonymous, looking at such a specific type of crime may accidentally reveal the identity of victims for those who are aware of the circumstances of the crime. To ensure that this is not possible, the study will not report data on any time period where less than 10 incidents are reported to the police.
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Summaries – Law, Justice, and Society A Sociolegal Introduction
Summaries – Law, Justice, and Society: A Sociolegal Introduction
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Institutional Affiliation
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Summaries – Law, Justice, and society: A Sociolegal Introduction
Chapter Four: Federal and State Courts Summary
Chapter four handles the federal and state courts. In the chapter, the reader is introduced to the courts where justice is obtained in America. The courts serve to hand out justice by providing the affected practice with a dee law process. Also, courts are involved in the making of policy. Policymaking is the process of allocating limited resources to parties who are competing for the resources. Difficult controversies that involve policy are solved in the court system. Additionally, the rights of minorities would not be catered for through legislature, but rather through the court system, which allows for their rights to be heard, thus allowing for social change.
Also, the court system interprets the law and clarifies it for the general public. To truly understand how the court system works, the jurisdiction concept is introduced in the chapter. Jurisdiction is a Latin term comprised of two terms, ‘juris’ meaning law, and ‘dicere,’ which stands for to speak. The term jurisdiction is the ability of a court to speak on and decide a case. Jurisdiction is divided into four primary types: personal, subject matter, geographical, and hierarchical. Personal jurisdiction means that the court holds authority over a person. When talking about the subject matter jurisdiction, the author implies that the court has the power to listen to a particular type of case.
The geographical jurisdiction means that the court can hear cases in a particular geographic region, while hierarchical jurisdiction denotes responsibilities and duties among various courts. Hierarchical jurisdiction is divided into limited and general, and original and appellate. Also, in the chapter, we are introduced to Federal courts. Federal courts, otherwise referred to as Article III courts, are courts established by Congress under Article III of the U.S constitution, mandated to make inferior courts. The federal court system is classified into three tiers: district courts, courts of appeal, and the Supreme Court. The district court is essentially the trial court for the federal court system. On the other hand, the court of appeal comprises of courts of appeals. Finally, the third tier of federal courts is the supreme courts, which are the final destinations of cases not solved in the other two federal court system ties.
Furthermore, the chapter explores the state courts. They are described as the workhorses of the judicial system as they process the bulk of the cases. They exist in four different tiers: courts of limited jurisdiction, courts of general jurisdiction, immediate appellate courts, and the final appellate court, also known as the court of last resort. Another important concept I learned in the chapter is the criminal process. The chapter gives an in-depth look into how the criminal process goes on. The filing of an arrest initiates the process. Search warrants are handed out to police who proceed to arrest the suspect while in detention, the suspect is booked and has his biometrics and pictures taken.
Next, the suspect initially appears in a municipal court. The suspect is informed of their rights, their charges and are reformed on terms of bail. Next is the preliminary hearings, where the suspect is formally notified of their crimes. The following charges are filed, after which the suspect appears before a grand jury. Charges are filed, and arraignment occurs, followed by a reading of rights to the suspect. Finally, the defendants enter a plea, where they plead guilty or not guilty. A successful trial needs a capable jury; therefore, another crucial concept is selecting the jury. With the selection of the jury complete, the trial process begins, followed by a sentencing. If the suspect is guilty and wishes to appeal, then the appeal process occurs.
Furthermore, court actors who are essential in the justice system are named. They are judges, prosecutors, and attorneys. Finally, the chapter presents the reader with an overview of the legal profession, which links the actors in the justice system. Courts serve an important role in the US. Overall, the chapter delves into the composition and workings of the federal and state court system.
Chapter Five: Crime and Criminal Law Summary
The chapter introduces essential elements of criminal law, which is alternatively referred to as substantive law. Substantive law is defined, and it does two things, prescribes and proscribes. Prescribing stands for what the law should do while proscribing describes what we should not do. Criminal laws are under the state’s authority, and any infringement of criminal law is seen as a violation affecting the state. Also, in the chapter, the aspect of crime and its definition is touched upon. Crime is defined as the act of violating international criminal law without defense or an excuse. Crime has five components, namely, an act of violation of criminal law of which a punishment is prescribed, the individual performing the crime must have had the intention. Lastly, the person does without any legally justifiable defenses or justifications.
Additionally, we are introduced to the sources of criminal law in the chapter. Criminal law is obtained from many sources, including state and federal constitutions, state and federal statutes, and common law. However, the bulk of the criminal law is obtained from state statutes. Another emerging source of criminal law is federal law. The reason behind it is that, previously, criminal law was primarily left to states, but federal law is now being considered due to the evolution of crime.
Furthermore, criminal law has limitations that limit the scope of criminal law. The chapter explores just how this is happening. According to the section on limitations of criminal law, the state cannot criminalize any conduct it chooses. The concept of the substantive due process essentially places checks on what the law may seek to curtail. The process forbids laws against the basic rights to be passed because such rights are essential for ordered liberty to exist. Another aspect is the overbreadth doctrine, which deems laws unconstitutional when they cannot define specific actions that are to be restricted. Also, void for vagueness considers laws unconstitutional when they fail to sop act and define punishment in advance. The other is fair notice, which is just the act of letting individuals know that an act is not allowed.
Moreover, the chapter also explains the elements of criminal liability. Criminal liability only applies when an illegal act is done, accompanied by the intent to commit the crime. There are five elements of liability which defines a crime. Each of the liabilities must be established and proven without any reasonable doubt to ensure a crime. They are ‘Actus reus,’ ‘Mens rea,’ concurrence, causation, and harm. All of them make up ‘corpus delecti.’ There are examples where criminal liability may give without proof of criminal intent, and these are strict liability and vicarious liability. The chapter also explores inchoate crimes, which are defined as crimes performed to prepare an offense. They are of three types, attempt, solicitation, and conspiracy.
The chapter also explores justification methods that a defendant has to avoid criminal liability. The three common examples are self-defense, consent, and execution of public duties. In self-defense, the individual employs physical attacks when they believed they were about to be physically injured. State agents are allowed to use extreme force to execute their duties if they deem the attack is dangerous. With the actor’s consent, an individual chooses to suffer harm despite knowing that the act will injure them. The act has to be voluntary and knowledgeable. Other justifications include excuse defenses, which provide for duress, intoxication, and age and insanity.
The chapter also includes crime against the person, crimes against property, crimes against public order, and morality. Crimes against the person are some of the worst crimes, and they include acts of murder, manslaughter, negligent homicide, felony murder rule, forcible rape, aggravated assault, and robbery. Also, crimes against property include arson, burglary, and theft. Offenses against public order and morality include disorderly conduct and Acts of prostitution and morality. Therefore, the chapter summarizes what crime is, criminal law, its elements, and types of crime.
Chapter Six: Criminal Procedure Summary
In Chapter Six, I learned the criminal procedures and their importance. Criminal procedures serve various purposes, such as setting the appropriate behavior for individuals, and due process to be followed in violation of the appropriate behaviors. The Chapter covers the fourth amendment search and seizure law. The law states that citizens should not be subjected to unreasonable searches and that warrants need to be issued before legal searches are done and accompanied by probable cause. Also, in the detention of individuals or items, the law protects individuals as the individuals’ perception in detection is used in law instead of police perception. Hence, if an individual is restrained from movement, their perception is used in law to determine if they were free to leave.
In the arrest of individuals, the officers are only allowed to arrest if they have a warrant. In the absence of a warranty, the officer should prove probable cause for arresting a specific individual’s involvement in criminal activities. Arrests without warranties are only allowed if the illegal activity is done in the officer’s presence or when the arrest takes place outside the privacy of the individual. Nonetheless, the arrest can occur if an order given by a person legally in authority or the private facility grants access to residents. In the arrest of individuals, reasonable force should be used unless excessive force is required to protect life. Hence, the amendment is useful to protect the rights of people being arrested and restricted in movement.
The Chapter covers two types of seizures, including stop and frisk. The court has established that stop and frisk does not require probable cause as the stop is not a full arrest and frisk is not a full search. Hence, all that is needed is reasonable suspicion to perform these acts. Nonetheless, an officer may choose to frisk an individual immediately without issuing a stop due to the suspicion of the risk of their safety and the surrounding people. Stop in vehicles should have reasonable suspicion to justify the act. Together with the passengers, the driver may also be requested to exit the car, allowing for a full search. The documentation for the weapons in the vehicle may be requested and the other documents, such as licenses.
In the Chapter, I also learned of the search warranty exceptions in plain view, open fields, and abandoned properties. In the direct view, the law allows officers to seize items there can see without apparently having to touch, smell, or apply any other senses. The rule applies where no warranty is required as the officer is in the position of observation. Hence, there is no need to provide a search warrant where an officer is within their jurisdiction and can see a wrong. Nonetheless, the smelling of meth in a person’s house will require the officer to obtain a warrant before searching the premises. In the open fields, areas outside the home of individuals are not protected under the law. Abandoned buildings are also not protected in the fourth amendment as the person is assumed to have given up control over the property.
Abandonment constitutes discarding of items and phrasing statements such as ‘l don’t want this anymore.’ In case of arrest, individuals have the right to be represented by a counsel and state their rights before any interrogation. The rights are referred to as the Miranda warning and only applicable under such circumstances. The Miranda is not applicable in traffic stops, sobriety check areas, stop and frisk, routine questioning of individuals, and when the officer believes that it’s a matter of public safety.