ipl-logo

Crime Statute Application: The Case Of Adultery In The State Of Arizona

1202 Words5 Pages
bulb-icon

Recommended: Essay on adultery law

Crime Statute Application
I selected the crime of Adultery, in the state of Arizona. It is illegal under Section 13-1408 of the Arizona Revised Statutes (A.R.S. section 13-1408). I chose this particular statute because I have always viewed adultery as morally wrong, but I never considered it to be criminal conduct. In this application, I examine the elements of crime and the issues that arise when discussing mens rea and actus reus, and how evidence for such conduct would be hard to obtain. I also consider whether the crime should be more of a civil liability concern, rather than criminal conduct, and how there may be issues with making the punishment more severe. Overall, there is not much room for discussion when thinking about the defense …show more content…

section 13-1408). The conduct would not be criminal if it were two unmarried individuals cheating on a boyfriend, girlfriend, or partner, rather than a spouse. However, similar to the case of United States v. Feola, one would question the case in which the unmarried person did not know that the married person was married, and they would try to argue that because they did not know they were married, they should not be charged with the crime. Because the status of being married is an attendant circumstance, could the unmarried person argue this? Probably not, because we have already established that this crime holds strict liability, and the level of intent, existent or not, would not matter, and the individual would still be convicted (United States v. Feola, 1975). Another attendant circumstance laid out in the statute is that no prosecution can take place unless it was reported by the spouse of the adulterer.
The result would be the sexual act taking place, but also the spouse finding out and deciding to report the conduct because it is likely that this crime happens a lot but not as many people are convicted for it because the spouse never found out or never reported it. But, since not all crimes require a specific result to occur (Fradella, p. 67), one may be unsure of whether it needs to be proven that the adultery took place, or if lower levels of proof for the burden of persuasion would

Show More
Related
1022 Words | 5 Pages

In this statutory analysis, I have chosen Arizona and Texas. I chose Arizona because it is my home and Texas because I have family and friends who reside there. I will be analyzing the statutes for each state to determine the similarities and differences between the two states while determining the actus reus, the mens rea, the causation, and determining the attendant circumstance if present. For my analysis, I researched both Arizona Revised Statutes and the Texas Penal Code .

Read More
539 Words | 3 Pages

Selina Ledezma Mrs. Kowalski-Garza CRIJ 3310-91L March 20, 2017 Miranda v. Arizona Brief Case Citation: 384 U.S. 436 Year Decided: 1966 Summary of the facts: On March 13, 1963 Ernesto Miranda was arrested in his home in Phoenix, Arizona by two officers. He was taken to the police station where he was picked in a lineup by the victim of kidnapping and rape and later identified in a robbery case. After two hours of being interrogated Miranda confessed the crime. He was not advised of either his right to counsel, right to consult with counsel, or right to remain silent before his oral confession. Miranda was found guilty by the jury and convicted to 20 to 30 years in prison after the state court and prosecutor used his confession.

Read More
624 Words | 3 Pages

Many years ago, the first organized American Police Department system was started in Boston, in 1838. (Dempsey & Forst, 20120 p. 7). The Boston Police Department provided 24 hour service which, was funded by the New York legislature. Most of the policeman on the force had little to no training but that changed over time as the importance of law enforcement in society became more prominent. As time progressed so did the police department 's use of technology to better equip the officers with easier means to do their jobs.

Read More
717 Words | 3 Pages

Mr. Coker tied the male subject up and then proceeded to rape the male subject’s wife. Mr. Coker had taken the keys to the family car and proceeded to leave

Read More
406 Words | 2 Pages

Chapter four refers to specificity "as the scope of criminal law" (Bohm & Haley, 2014, p.97). These acts can be ruled not criminal if certain information is not proven to have been present when the crime was committed. The state rules for sex offenders that have been convicted of this crime be persecuted and their information made public. This reminds

Read More
1667 Words | 7 Pages

Although they both consented, is she aware of who she consented to? It is not wrong for her to have a relationship with this man that she believes is her husband because she gave consent. Another example could be a married couple one of which has dementia, they might not remember the act or could be confused of the act later but consented in that moment. These grey areas have always been a problem but are still trying to be addressed, and until they are it leaves a large gap in sexual abuse policies between

Read More
560 Words | 3 Pages

Dr. Theodore Millon created a system of personality assessment that consisted of eight domains of functioning. The domains are: behavioral domains (split into expressive acts and interpersonal conduct), phenomenological domains (split into cognitive styles, object representations, and self image), intrapsychic domains (split into regulatory mechanisms and morphologic organization), and biophysical domains which covers mood and temperament. Together, these domains come together to form a cohesive theory about how personality works, and how an individual will act on a day to day and situation to situation basis. This can be useful when assessing why people have done what they did, as in the case study provided to us today, the case of the adulterous County Sheriff.

Read More
1176 Words | 5 Pages

Across the United States, there are three different levels of law enforcement agencies that uphold the justice system. These agencies are known as a municipal agency, a state agency, and a federal agency. In Arizona, these three different levels of law enforcement are clearly seen within the Glendale Police Department, Arizona Department of Public Safety, and United States Immigration and Customs Enforcement. Even though each of the three law enforcement agencies have many similarities and differences amongst their roles, they all have the shared vision of working together to protect and defend the people in their jurisdiction. The Role of Each Agency

Read More
611 Words | 3 Pages

In the United States’ states where adultery is federally penalized, a spouse has to

Read More
583 Words | 3 Pages

Other’s believe that the crime should be punishable by death. To many modern American’s, these actions are rather harsh. In some states, adultery is a crime punishable by a fine or temporary imprisonment, but it would be seen to many as ridiculous to

Read More
997 Words | 4 Pages

In this essay it will first define what Bigamy is, which will ultimately help shape the understanding of the offence. This essay will then begin to focus on explaining the components of the offence. In order to address this, it will look in detail on a variety of cases about the lacking nature of Section 57. Subsequently, this essay will cover critically on the section 57 of the offences Against the Person Act 1861, clearly arguing on the obscure wording of the statue and how the judges can use a range of rules to apply to help make sense of legislation.

Read More
201 Words | 1 Pages

Actus reus and mens rea are essential, to convict someone of rape beyond a reasonable doubt. The California Penal Code 261, identifies the vital elements of rape as sexual intercourse, without consent, against someone's will, by force or threat (Weiner, 2013, 1211). The victim may not have any illness or disability that prevents them from giving consent. Actus reus and mens rea are essential, to convict someone of rape beyond a reasonable doubt. For example, Karla was sleeping when a masked man broke into her house.

Read More
808 Words | 4 Pages

Madeline Medina Mr. McHargue English III H 1 Dec. 2015 Adultery Over The Years The definition of Adultery is, the violation of the marriage contract by either or both partners in the marriage through sexual activity with a third person (Rhodes). Adultery has changed over the years in a less positive way; people are beginning to think of adultery as a normal thing and are not considering the several consequences there are.

Read More
956 Words | 4 Pages

I have witness this in numerous situations, especially in my own family. In like manner, and it is not an easy situation to resolve. For the most part, I don’t profess to having any unquestionable authoritative knowledge about adultery; yet, I feel compelled to express my opinion based on my personal

Read More
2318 Words | 10 Pages

Introduction This question requires for an understanding on the rules and principles relating to criminal liability for an omission. As well as whether the rules and principles are too restrictive on individual freedom. In order to have an understanding of the rules and principles of omissions, one first must understand how criminal liability is imposed. For a person to be found guilty of a crime they must have both the mens rea and actus reus of the committed crime.

Read More

More about Crime Statute Application: The Case Of Adultery In The State Of Arizona

Related Topics

Open Document