American Crimes

Monday, December 5, 2011

In the criminal Justice field there are many different job opportunities. The criminal justice system consists of three main parts: (1) Legislative (create laws); (2) adjudication (courts); and (3) corrections (jails, prisons, probation and parole).

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the shooting of Bernhard Goetz

The factual elements of the Goetz case:

On a New York subway train Goetz shot four young African American men who he claimed was going to mug him. Goetz stated that, “one of the boys asked for five dollars”. Once he asked Goetz use an unlicensed handgun shooing the gun several times. Goetz began to shot after stating, “Oh I have five dollars for you”. One of the muggers had been paralyzed for life due to Goetz shooting him multiple times. Goetz shot the boy a few times while he was sitting down, then stated, "You don't look too bad, here's another". Goetz then ran from the scene. Police looked for the suspect for several days. Goetz later turned himself in after nine days later. Goetz claimed self-defense. He was charged with attempted murder and firearm offenses. However, he was found not guilty of attempted murder or reckless endangerment. Goetz was only conviction for illegal possession of a firearm.
Act: The defendant shoot at four boys and shot one of them.
Intent: Actual intent. The defendant intended to shoot and kill the boys.
Concurrence: The act of shooting (at) the boys concurred and resulted in one of them being shot. The defendants conduct resulted in the victim being paralyzed.
Causation: Yes, the act caused the harm.
Harm: Victim being paralyzed.

Kansas Statue:
Defense:
21-3211. Use of force in defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such force is necessary to defend such person or a third person against such other's imminent use of unlawful force.
(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

The Statue that would best fit for the case would be attempted murder, based off of the facts that Goetz intended to kill the boys. He stated that he wanted to kill them all and how they did not deserve to live. Goetz carried the gun with the intent to kill someone with it. He not only carried the gun but he carried it loaded. Therefore, there is premeditation included in this fact.
Just by the simple statement of asking for the five dollars does not justify a threat. Had one of the boys demanded money or included a threat that would be the necessary justification. One of the elements to claim self-defense is that the level of force used has to be the same level of force used for the threat. One fact of the case is that neither of the boys showed a weapon. Also K.S.A 21-32-14 can be used against the defendant Goetz.
21-3214 (a) He has reasonable ground to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant;

American Crimes

Monday, December 5, 2011

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