According to the Portsmouth Police’s probable cause summary, a black male identified in a video was observed exiting the rear passenger side of a Honda Pilot with a Tommy Hilfiger’s red jacket. The jacket matched the description which the victim provided. Aronte Neshawn Sharpe was identified as the individual wearing the jacket and posing in the jacket while leaving a store (7-11). He also was observed in possession of the jacket while looking into a video screen according the probable cause summary. The report stated the victim was contacted by Detective Baker, Portsmouth Police to see if the jacket belonged to her.
Legal Background In the state of Nevada, battery is constituted by “any willful and unlawful use of force or violence upon the person of another.” This definition is based on the Nevada Revised Statutes, Chapter 200 Section 481. Its purpose is to create a basis for prosecuting individuals involved in criminal suits. In other words, if the individual is found guilty of battery, then the statute similarly prescribes recommended consequences that correspond to the nature of their conduct.
And considering that judges rarely used the death penalty they knew that it holds serious weight will only ever be used under extreme circumstances where an extreme punishment is necessary. They also stated that if the prosecution finds “aggravating circumstance”(Coenen, 2004) to call for the death penalty some judges still may not use this punishment if “mitigating evidence”(Coenen, 2004) is found such as abuse as a child making it even harder for the death sentence to be used and therefore, only under specific circumstances will it ever be used. The dissenting opinion, however, held the view that the two main purposes of the death penalty, “general deterrence and retribution”(Gregg v. Georgia - Case Summary and Case Brief, 2017) and that both of the arguments were not strong at
An aggravated assault means assaulting someone with intent to murder, to rape, or to rob using a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to, or lead to, serious bodily injury or shooting a firearm from within a motor vehicle toward a person or people. Redrum did not use the shoe as his weapon to hurt Clark but somehow assisted or
Out of the over 350,000 cases brought to trial in the United States District Courts in 2016, almost 275,000 of them were civil and nearly 80,000 were criminal. No matter the type of case brought to court, both present evidence in front of a judge, resulting in a sentence after careful deliberation. Although there are multiple similarities between civil law and criminal law, there are many differences that differentiate the two as well. A criminal case deals with any sort of punishable offense against society.
To accurately assess the arguments and claims made in this case, it is necessary to contextualize this case and analyze these claims within current judicial jurisprudence as it stands. The case made by Hassan for their equal protection claim draws on the Hirabayashi v. U.S. (1943) decision that stated that religion and race are suspect classifications. Thus the NYPD’s actions and government surveillance program should be subjected to strict scrutiny, since the program is discriminating based on religion. But the NYPD draws from the Handschu Decree of 1985, which declares that NYPD’s actions are only accountable to the appropriate authorities that could differentiate unjust acts from just ones, such as the New York and New Jersey mayors. So
The main principles of the Australian Legal System are fairness, equality before the law and justice. The constitution provides a structure that outlines separation and division of powers, defining the powers exercised by the government bodies. This is demonstrated through the constitution defining acceptable and unacceptable conduct which outlines expectations for the Australian public, enabling social cohesion and upholding rule of law. The Australian Legal System is based on legal and social principles ensuring laws are democratically enforced and free from arbitrary exercise of power. The Australian Legal System establishes laws promoting social cohesion and enabling social progress within our multicultural society.
This can lead to a desire for vengeance rather than justice. (Rosenbaum, Page 266) A real life example was when the father of an abused child, chose to shoot and kill the perpetrator as he was being returned for justice. (Rosenbaum, Page 267) Victims may be unhappy with the punishment prescribed by law and reducing that punishment to a lesser charge can be infuriating. Victims may have no knowledge of the law, the strength of the case, and may allow rage and vindictiveness/revenge override common
As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.
Since the earliest inception of a codified concept of crime and punishment the criminal justice system has been in a state of ever changing progress building on the philosophies of laws and their subsequent punishments from as far back as ancient times of human society. In this essay what will be looked at are the current policies and principals of punishment of the state of Texas with regards to specified and targeted crimes in particular the crimes of aggravated assault, and grand theft auto, as well it will be looked at to see if there are any new practices that may improve the current system that is in place or if any changes or modifications needs to be done. In centuries past the most common forms of punishment have their roots in
Offenders experience punishment numerous times throughout the process of the criminal justice system. A
Within the criminal justice system, the police have three main goals: to serve, enforce the law, and to maintain order. Most police officers are people just trying to fulfill these goals and protect the citizens, using discretion wisely, but sometimes in this process, it may seem that there is an abuse of power, especially in terms of the use of force. As stated in Criminal Justice in America (2014), police are able to use legitimate force on those individuals that are deemed uncooperative, but this force is sometimes deemed excessive. Excessive use of force is when the force used by an officer either violated department policy or the constitutional rights of the individual by exceeding the level of force permissible and necessary for the
“A good first step forward is to start treating prisoners as a human being, not profiting from their incarceration.” ( Bernie Sanders). The prison system is only thinking about money because they don't care the effect it has in people's life when they are sentenced unfairly. The U.S Prison system is unfair, and two of the most important aspects to understand about it are the war on drugs and racism. One important aspect of the U.S Prison system is the war on drugs and how they go to jail for an unreasonable amount of time for having a small amount of drugs on them and when they have to go to prison it affects the prisoner's family.
Traditionally, crime has been viewed as a violation against the state. Still too little attention is given to the fact that criminal acts are also violations of the victims and the communities. Punishing and correcting offenders’ criminal behaviors should not only be conducted using the concepts of retribution, incapacitation, and deterrence, it should also be designed to repair the damages done to the victims and the communities. Many benefits are associated with shifting to the restorative justice model, for the victim, the offender, and the community. Restorative justice benefits the victims by giving them a voice regarding the accountability of the offender.
The shortcoming of this approach is that it is not appropriate for more serious crimes such as rape and murder, because in cases like those, most of the time there is nothing that offenders can do to restore the loss or make things right The benefit of this approach is that all parties who are involved get the chance to face each other. The victims get an opportunity to be directly involved in the process and get a chance to respond to the crime committed against them. The offender becomes aware of how their offense has impacted the victim, and this in turn allows the offender to take responsibility and to apologize or show remorse to their wrong doings. Through the process healing is promoted to all the parties involved, the offender might be required to pay for the harm caused.
