Defensible Actions The line between criminal and defensible acts ✓ Solved

The line between criminal and defensible actions can often be ambiguous. For example, in a burglary scenario, if a homeowner shot an intruder multiple times instead of just once, such a response could be deemed excessive. Similarly, if the burglar was retreating at the time of being shot, that situation would warrant further examination.

In instances like these, professionals within the criminal justice system play crucial roles in assessing criminality, collecting evidence, and managing the defense. For this discussion, you will utilize an example case to analyze the roles of criminal justice professionals in relation to defensible actions and probable cause. To prepare, either utilize a contemporary news story related to a crime or locate your own example. Identify the actions taken that may or may not be considered defensible, and use details from the story to respond to the prompt.

Paper For Above Instructions

Week Two Discussion: Defensible Actions

Professor Jones and Class,

In examining the incident regarding the High School Fight, to ascertain whether the actions taken were criminal yet defensible, several factors require evaluation by the responding officers. It is imperative for the police to determine if a crime occurred, which necessitates thorough investigation. Upon arrival at the scene, the officers discovered two male teenagers beside a sports car in the school parking lot. One was lying on his back, blood streaming from his head, appearing somewhat dazed, while the other clutched his shoulder, showing visible bruises.

At the scene, a detailed assessment ensued, involving interviews with both the suspect and the victim, as well as any eyewitnesses present. Information about the crime scene was meticulously gathered, documented through notes, reports, photographs, and mobile phone footage. Tony, the individual holding his shoulder, provided his account of the events, while Jake, the youth lying on the ground needing medical assistance, was subsequently interviewed at the hospital. The reports from all parties—including eyewitnesses—were consistent.

Upon further investigation, it was revealed that Scott, the individual accountable for the injuries sustained by the two teens, was absent from the location during the incident. If Scott's actions are determined to have been criminal, it will be the responsibility of the prosecution to compile the evidence collected by law enforcement and investigators, presenting it in court (Lippman, 2018). This process requires demonstrating whether the evidence indicates actus reus (the criminal act) and mens rea (the mental state), while ensuring these elements align. As Reid (2016) states, "In every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence." Additionally, causation and the harm inflicted on the victims are essential elements to be deliberated in court.

The defense also possesses the right to submit evidence and challenge the admissibility of any evidence allegedly obtained in violation of the defendant's constitutional protections. Ultimately, it is the judge's role to adjudicate on the admissibility of evidence. As pointed out by Lippman (2018), "There is a presumption of innocence until proven guilty in a court of law. The prosecutor’s burden is required as a matter of due process of law to establish every element of a crime beyond a reasonable doubt."

References

  • Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA: Sage Publications.

  • Reid, S. T. (2016). Criminal law: The essentials (3rd ed.). New York, NY: Oxford University Press.

  • Federal Bureau of Investigation. (2021). Crime in the U.S. Retrieved from https://www.fbi.gov/services/cjis/ucr

  • Bureau of Justice Statistics. (2020). Criminal victimization, 2019. Retrieved from https://www.bjs.gov/index.cfm?ty=pbdetail&iid=6986

  • National Institute of Justice. (2019). Understanding the criminal justice system. Retrieved from https://nij.ojp.gov/library/publications/understanding-criminal-justice-system

  • Piquero, A. R., & Blomberg, T. G. (2018). The Handbook of Criminology. Wiley-Blackwell.

  • Cohen, M. A., & Kahn, L. (2017). The economic analysis of crime: A new approach. Journal of Criminal Justice, 55, 1-8.

  • Tonry, M. (2019). Why Punish? How Much? A Reader on Punishment. Oxford University Press.

  • Malloy, T. (2017). Criminal Law and Procedure. Cengage Learning.

  • Clear, T. R., & Frost, N. A. (2018). Contemporary Corrections. Cengage Learning.