INTRODUCTION. the individual to take part in
INTRODUCTION.In criminal law, there are a variety of elementsthat tend to deny elements of a crime. DILEMMAINCHOATE OFENSES PRESENT TO FREE SOCIETIES.Inchoate offenses refer to a crime that is yet to becommitted, inciting someone to commit a crime, conspiracy to commit a crime.
Inochate are themselves not crimes but most jurisdictions are consideredillegal because they are usually conducted in furthering a crime. And the society at large tries to deter individualsfrom undertaking this activities. The three most common forms of inchoatecrimes include attempt to commit a crime, an accomplice/ partner to a crimethat has occurred( aiding and abetting) and conspiracy.Attempting to commit a crimeTo try or making an attempt to commit a crime and it not being successful.Attempting can involve major crimes such as murder or high scale fraud.
In most jurisdiction it is viewed as the mostserious of the inochate crimes. For an action to be considered a criminal attemptit has to meet the following three requirments. The first requirement is the person must have a motive to commit theaction i.e something that drives them to commit the said crime which he/shewill be prosecuted for. The motive can be hatred, financial gain, personal gainetc.
The second part is for the individual to take partin furthering the crime. This involves doing an action that has the intentionof commiting the crime i.e lets say a person buying a gun for the sole purposeof commiting the cime which is murder in our example.The third part is for the crime not being successfulor being complete. An example can be firing the gun and missing the target orany other. For the crime to be considered an attempt it must not be successful becauseif it is successful in this scenario the person would be charged with the real crime and not an attempt.
Aiding and abetting.For a person to be considered aiding and abetting acrime he/she must have assisted in the crime. He/she might have not been presentin the crime but he/she supplied the things needed for the crime. The person isalso considered an accessory to the crime. The person must have done thatintentionally so as they are considered an accessory to the crime. A person whois present when the crime occurs and doesn’t take part is a witness.
Conspiracy.This is the act of two or more people known asconspirators working secretly to obtain some negative goal. An agreementbetween two or more persons to break the law at some time in the future. Anindividual can actually been charged for conspiracy and the actual crime asthey are considered two different crimes.DILEMMAINOCHATE OFENCES POSE TO THE SOCIETY. Inchoatecrimes usually have a large area of defense when arguing them as it is hard toprove something which you thought of or was thinking of doing, also on incitementone can say that they didn’t think the person would go on and do it. The dilemmaposed to the general public and free societies is that there is freedom of consciencewhich allows one to have freedom of thought. Freedom of thought allows one tohave an individual viewpoint on a particular matter or thoughts on a particularmatter differently.
This allows one to think independently and thus allowing adiverse society and avoiding one in which we are all uniform in our thoughts.In criminal law, there are a variety of elementsthat tend to deny elements of a crime. A criminal defense is a strategictheory/strategic argument that is used by the defense to try and challenge thesufficiency and validity of the prosecution evidence. In most Jurisdictions inthe world the burden of proving a crime lies on the government.
Types ofdefenses include mental disorder, automatism, intoxication, mistake of fact,necessity/lesser harm, lawful capacity of office, legal duty, self-defense,duress and impossibility defense.DEFENSESTO INOCHATE CRIMES.An individual can defend himself/herself that theyabandoned their efforts to commit the crime.
For this defense to be accepted aperson has to show that they voluntarily stopped all the plans and actions thatwould have to cause the crime.Legal impossibility may be used to argue the case. Anexample is when a person who was on a shooting practice by mistake shootsanother person in the instance and ends up hurting them. He/she could argue onlegal impossibility that the aim wasshooting practice and not hurt anyone.Factual impossibility is another basis one mightargue on. this can be used to arguewhere the circumstances available at the environment would make it impossibleto make that crime successful. An example is a person who bought a pistol tokill someone with and the person he/she intended to kill dies mysteriously or becauseof natural causes the person who is arrested and charged with this crime canargue that it would be factually impossible for him/her to commit the crime.Affirmative action is a defense mechanism used inthis cases.
This is the type of defense where the defense attempt to strikedown the evidence put forth by the prosecution team by showing it is false.However in some instances the defense accepts some of the prosecution evidenceas true and allows them to be enjoined in the case. These defenses are known asaffirmative defense. It’s as if you are turning the weapon they have againstyou to your advantageBROKENWINDOWS THEORY.Broken windows theory was brought about by James Q.Wilson and George Kelling in 1982. The theory states that monitoring,mainataing law and order in urban areas to prevent small crimes such asvandalism, public drinking among others create an atmosphere which is condusivefor the whole city and thus preventing serious crimes from happening.This theory works on the concept of fear.
Fear is a strong unpleasant uncontrollable emotioncaused by actual or perceived danger or threat. Fear lays the foundation of thistheory as if people are scared to commit small crimes then they can not commitbig crimes as they fear the law. An example of a place where this theory hasbeen successful is is Ottawa in Canada where you will find that the environmentis different and people do not perform this bad behavior hence crime rates arelow as people are scared of commiting bigger crimes. The theoryassumes that the environment is able to communicate to people and hence adecent and well behaved environment will limit and reduce crime rates.
Neighbourhoods with a collective sense ofunity usually report less crimes as the community has a sense of unity and takecare of one another. An example is a society with this togetherness that theenvironment provides one can be able to identify a criminal easily and puttinghim/her away through the correct methods of finding justice can create a senseof security in that said neighrbhood.FELONYMURDER RULE.The felony murder rule states that nyone who tskespart in certain felonies such as robberies,rape,kidnapping and in the processof the felony a death occurs,all the individuals who took part in the felonywill be /should be charged with first degree murder.Depending on tnejurisdiction which the crime occurred the person will be sentenced to lifeimprisonment without parole or the death penaltyLimitations of the felony murder ruleThe main reason why most people agree with thefelony murder rule is because it is in violation of essential principles of people involved , capability to hold a personliable for the unseen and unagreed to results of another.The main reason why people disagree with this ruleis because everyone ought to carry their own cross hence it is unfair to punishsomeone else for a crime committed by another person.a person ought to carryhis or her own cross.
choices have consequences hence it is unfair to punish awhole group of people for a crime committed by one or two imdividuals An example is when a gang of robbers of about 6individuals attempt to rob a bank or financial situation and in the process oneof them shoots at a guard and the guard dies. They are later caught by lawenforcerec and charged with murder. It is unfair for the other 5 as they didnot pull the trigger of the gun that was used to kill the guard.
This law has the most outrageous sentencingguidelines in the recent times.the sentencing is nit propotuinal to the crime committedfor all the induviduals who took part in the crime.i would urge the governmentto closely examine the sentencing guidelines and make the sentencing propotionsteto the crime committed.
THETWO RATIONALES FOR THE CRIME Of ATTEMPTThe two rationales for maing an unsuccessful attemptat a criminal act,an independent criminal act would be to punish the badmeans,to treat people with bad mens rea similarly.an example of these wpould beif yiu try to kill someone by chopping their head off and by mistake your knifecant kill them you ought to be punished for having that negative thought whichwould have caused the death of someone although it did not happen.It will be unfair to treat unsuccesfull criminalsbetter than successful crimes by being linient to them yet both would havecaused similar outcome if they would have been successful. The individual oughtto be punished equally. Just because they are incompetence in what they didshould not be used as a leeway to give them a light sentence.
FOURTHAMENDMENT.The fourth amendment is law found in the unitedstates of Americas constitution.it states that people have the right to besecure in their homes,papers,personal belonging among other belonging from unreasonablesearches and seizures.
if probable course is available supported by oathdescribing the particular place then the law enforcers can search the placewith a warrant.The fourth amendment to the United StatesConstitution ensures that individuals have the freedom from being exposed toseizures and searches that are not reasonable. The officers enforcing the lawin such situations thus require a cause that is well known and in most casesshould have a warrant for searching a person or one’s belongings. If there isno specific cause for an arrest and an individual is not legally examined, theevidence that is taken during the process will not be included in the processof the trial.
This constitutional amendment was done for the protection ofpeople from the exploitation and abuse by a powerful government. There arestrict rules which government agents should use for one to be searched and tocollect any evidence for a suspected crime (Joh, 2014). Kyllo vUnited States, a suspicion was made that the petitioner Kyllo was growingMarijuana in his home and agents used thermal imaging device for scanning thetriplex to ascertain whether the amount of heat which emanated from it wasconsistent with the high-intensity lamps which are required for growingMarijuana inside a house. The thermal imaging aroused suspicions on thepresence of marijuana in the house, and a warrant was issued for a search to beconducted on Kyllo’s home, and marijuana was found to be grown inside. Thegovernment used a device which is not generally used in public for theexploration of the details of a private home and in line with the fourthamendment, it was not reasonable without a warrant. Based on thereadings we have gone through, a police officer should be in accordance withthe law to ensure that their actions are ethical and legal.
An officer shouldenter into a house once invited and should conduct a search for a suspect in asomber mood. According to the law, there should be a consent from the defendantthat he or she needs to be searched. The fourthamendment was done to oversee that investigation being done on suspected crimesare done with the individual being fully informed. But this could leave somecrimes not being well investigated and the perpetrators not judged accordingly.The amendment protects the rights of the petitioners, but on account of seriouscrimes, many may be left not having been adequately addressed at all. What thusshould be done is that future similar cases should be investigated thoroughlyand all the sides of the arguments carefully looked into.FIFTHAMENDMENT.
The fifth ammendment is part of the bill of rights.Itsmain use is to protect each person from being forced/coerced to be witnessesagainst themselves in criminal cases. A person pleads the fifth and is excusedfrom answering the questions in which might incriminate himself/herself in the case. The fifth amendmen has been usedseverally. It also states that ” anindividual should not not be held to answer for a crie unless on a presentmentor indictment by a grand jury, except in cases where which arise injurisdiction under the control of naval or land forces.The 5th amendment can be broken down into5 basic constitutional rights.
The first being an individual having the rightto indictment by the grand jury before any criminal charges or feloniouscrimes. This protects an individual as accusations for a criminal offense haveto be brought in front of the jury. It is the process by which an officialformal accusation for a criminal offense are brought to a jury.The second is a prohibition on double jeorpady.
Thisprotects an individual from being accused and tried on the same charges twicehence suffering the consequences twice. It recogonises that people makemistakes and hence protects them from being punished twice.The third is a right against forced selfincrimination. A person can invoke it and chose not to answer questions thatincriminate them in the said cases. The individual who at this point is still asuspect can chose what to answer and what not too.The fourth is a guarantee that all criminaldefendants have a fair trial, the finalone is the guarantee that the government can not seize property anyhowly. CONCLUSIONDefense is an integral part in any case as it can bethe difference between a guilty verdict and a not guilty verdict.References1.
Joh,E. E. (2014). Policing by numbers: big data and the Fourth Amendment.2. Kerr,O.
S. (2013). The Curious History of Fourth Amendment Searches. TheSupreme Court Review, 2012(1), 67-97.3.