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Tuesday, April 4, 2017

Types of Crime & Justification

Types of Crime and Justification

    Many crimes have changed over time, either to broaden the scope of prohibited behavior or in reaction to novel developments through the years. Looking specifically at two crimes, burglary and rape, discuss how the definitions and elements of the crimes have changed as the crimes have developed from common law crimes to statutory crimes. Using the Internet, find information on the Pennsylvania law. Refer to this law for the statutory definitions of burglary (18 Pa. Cons. Stat. § 3502) and rape (18 Pa. Cons. Stat. § 3121). On the basis of your analysis about crimes, share your response to the following question:
  • Do you feel that definitions of crimes should be changed to include new prohibited behaviors, or do you think new crimes should be created?
    As much as times are changing, there is no way to keep up with the ever-changing crimes, and life itself. I cannot imagine having to keep updating paper work, and everything. But we all know it has to be done, just like the constant updates to our computers, servers, and everything. There is no way around it, so unfortunately, we need to do something. 

    I would leave it up to the Criminal Justice system to decide, because if I stick my nose in it, I am more likely to make a mistake.

     Affirmative defenses fall under the categories of justification and excuse. Choose one justification defense (self-defense, duress, etc.) and one excuse defense (infancy, mistake of fact, intoxication, etc.).
  • Explain how these defenses can be used at trial. Should these types of defenses relieve a person of his or her criminal responsibility?
     Under self-defense a woman stabs the crap out of her spouse who has been beating the crap out of her for years. She has been filing police reports, but because he is a police officer, the reports keep disappearing. 

      The husband is an alcoholic because he cannot handle being an officer of the law and seeing and dealing with all the criminals in his life. The wife has been trying to get him to quit drinking, realizing that was where John’s problem was stemming from. John has been trying to AA when time permitted, but he felt that the group was sappy and depressing. 

     Liza tried to comfort her husband, and tried to have him talk out his day, but the more she tried to comfort him, the angrier he became. Every night it was the same. He was even having nightmares. 

     One night John came home and sat down with a bottle of bourbon. Liza came home a little later and found him asleep in his favorite chair. Liza decided to sneak up to the bedroom, and as she walked past him, John dropped his glass and it broke. Liza froze. John looked up at her, and started yelling. Liza ran up the stairs, and tried not to cry. John went into the kitchen and grabbed one of the sharpest knives he could find, and headed up the stairs, still yelling.

     While upstairs, Liza decided to call the police. 911 told her to remain calm, and then placed Liza on hold. Liza got irritated and hung up, knowing full well the department was toying with her.
     John came up the stairs and ran toward Liza knife aimed directly at her. Liza, who had been taking self-defense classes, unbeknown to John, managed to wrangle the knife away from John, while gaining a few knicks herself. While holding the knife firmly in her hand, John came at Liza running toward her like a bat outta #$%& and ran directly into the knife. 

     Liza fell to the floor with John, and screamed, and proceeded to cry. 

     In this case of self-defense, Liza did not intend to stab John. He came running at her. Remember that John was intoxicated, and the fact that he also worked for the Police Department, and the department had been helping to keep the abusive relationship under hat. 

     At trial, I feel that when discovery finds what the police department has been pulling, because the 911 calls can be traced back, there is no covering them up, this will prove probable cause. Also, when an investigative officer investigates the crime scene, hopefully they can prove the theory and establish Liza’s story as justifiable. Also, there is John’s blood test which will prove his alcohol consumption, and the amount in his system. There are also marks all over Liza as well, the AA classes, and the self-defense classes that Liza has been taking. 

     The jury will hear every detail, after of course, Liza’s miranda rights have been read to her, and she has been interviewed by the prejudice police department. 

     Personally, I feel Liza will be let off, because she will be able to prove self-defense. 

     This case is made up, and my Judge-ly decision is that of my own. By the way, I find this crime: Justifiable. Her life was in danger.

Feel free to post your opinions in the comments section!

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