Discussions
Unit 5: Discussion Criminal Law
Question Two
The “cooling off period” relates to the manslaughter crime which is the period of time between the provocation of the defendant bu the victim and the point when the victim is killed, if the defendant did have an opportunity to “cool down” prior to the homicide themn theu could possibly be convicted for murder instead of voluntary murder (Rodriguez, 2021). For instance, in a situation where a defendant arrives at home to find their spouse in bed with another individual with another individual, the defendant kiiling the vistim immediately in an emotional rage then he would be deemed guilty of voluntary manslaughter. This is because tha ct was triggered by the unexpected discovery of the infidelity. However, the greater the “cooling off period” or the more seconds between the discovery of the infidelity and the homicide, the defendant will potentially be found guilty of murder.
Question Five
The primary difference between assault and battery is that while assault does not necessarily encompass any actual physical contact with another individual, the battery crime does (Shouse, 2020). Assault happens when an individualicommits an action that may inflict physical harm on another individual. Battery happens when the individual commits an actthat actually causes physical harm on another individual. Assault is like an attempted battery while battery is the completed assault.
A defendant can be charged for both assault and battery could lead to long-term consequences if convicted (HGExperts.com, 2021). The set of criminal charges makes it extremely severe due to the possibility of being convicted for the two serios disting crime ina single time. In Massachusetts, the defendant can be found guilty for reckless assault and battery but the prosecutor will need to prove beyond reasonable doubt that the defendant intentionally engaged in the action that caused body injury in the alleged victim and the actions did amount to reckless conduct (Murphy, 2021).
References
HGExperts.com. (2021). Assault and Battery. https://www.hg.org/legal-articles/assault-and-battery-25695
Murphy, P. J. (2021). Assault and battery. Boston Criminal Lawyer | Suffolk County Criminal Defense Attorney | Patrick J. Murphy. https://www.bostoncriminaldefenselawyers.com/assault-and-battery.html
Shouse, N. (2020, December 2). Assault vs battery – What is the difference? Shouse Law Group. https://www.shouselaw.com/ca/blog/assault-vs-battery/
Rodriguez, S. G. (2021). Cooling time. Stephen G. Rodriguez & Partners. https://www.lacriminaldefenseattorney.com/legal-dictionary/c/cooling-time/
Unit 7: Discussion Criminal Law
Question One
Treason is the only crime defined in the United States Constitution which is considered the highest of all crimes and defined as the intentional betrayal of one’s allegiance by levying war against the government or providing aid or comfort to the country’s enemies (Nolo, 2014). Its elements which are similar in both state and federal law include that the defendant does owe allegiance ti the government and they intentionally betray the allegiance by either levying war against the goverbment or gave aud or comfort to the government’s enemies. Treason must be intentional hence if an individual unintentionally aids the enemt if is forced through duress or coercion is not guilty of treason.
Question Five
Terrorism is primarily the use of violence to create a generate climate of fear within a particular population and hence bringing about a specific political objective (Jenkins, 2020). The act has been done by political organizations with wither rightists and leftist objectives, by the nationalistiv amd religious groups, by the revolutionaries and even by the state institutions uincludine the military or intelligence services.
International terrorism occurs when the terrorist activities that are foreign-based and may be sponsored by tye groups or organizations outside theUnited States. Domestic terrorism entails the terrorist activities that concentrate in the populations or facilities with no international direction (Hazard Mitigation Plan Update, n.d.). Therefore, the difference between domestic ir international terosism looks into the origin of the individuals ir groups responsible for it anbd not where the terrorist action actually happens.
References
Hazard Mitigation Plan Update. (n.d.). Terrorism. Retrieved from https://www.gbra.org/documents/hazardmitigation/update/Section18-Terrorism.pdf
Jenkins, J. P. (2020, July 27). Terrorism. Encyclopedia Britannica. https://www.britannica.com/topic/terrorism
Nolo. (2014, December 8). What is treason? www.criminaldefenselawyer.com. https://www.criminaldefenselawyer.com/resources/treason.htm
Unit 7: Discussion Juvenile System
Question One
As a juvenile court justice, there is no timethat I could sentence a juvenile to the death penalty as this is a a cruel and an uniusual punishmenty especially for the young individual. The primary objective iof the juvenile court system is holding the respective offenders accountable for delinquent actions while providing treatment, rehabilitation and programs tailoes to prevent furture involvements in law violating behavior (Wilson, 2000). The death penalty punishment for the juvenile will impede the attainment of the objective without having any deterrent effect on other juveniles.
Question Two
The confinement or “serving time” aspect that is given during the sentencing of a juvenile needs ti be reformed since it does hot aid in holding the juveniles accountable. It actually should be included in rare cases such as when the young person poses a high risk of harming others (Reforming juvenile justice: A developmental approach, n.d.). Instead, the juvenile justice systems need to emphasize in encouraging offender accountability via restorative justiuve, engaging in communkity service and helping the youths be responsible for their crimes and make amends for their actions, the juvenile justice system need to aid to prevent reoffending via structures risk and needs assessments. Also, the use of interventions that are evidence-based especially on adolescent development should guide on the right sentences. This process will hold the juveniles accountable, prevent recividism and ensure fair treatment.
Question Three
The steps to be followed for a successful Juvenile boot camp include:
● The program will be carefully defined and the target population selected while considering the objectives for rehabilitation, recidivism, containing costs and punishment.
● Ythe program will then describe particularly the programmatic features expected to ensure the attainment of the desired changes within the participant’s behavior.
● The after care which is the duration where the the primary program attrition happens will focus on making improvements and possible restructuring required (Juvenile boot camps, n.d.).
● The programs will also have partnerships with multiple agencies who monitor partocipants and ensuring every one of them understands and undertakes their responsibilities effectively.
● The staff in the programs are to undergo consistent and continuous training.
● As a leader, estensive study and research will be conducted so that the programs are tailored to meet any evolving needs.
References
Reforming juvenile justice: A developmental approach. (n.d.). Youth.gov. https://youth.gov/feature-article/reforming-juvenile-justice-developmental-approach
Wilson, J.J. (2000). Coordinating Council on Juvenile Justice and Delinquency Prevention. Retrieved from https://www.ojp.gov/pdffiles1/ojjdp/184748.pdf
Juvenile boot camps. (n.d.). Office of Juvenile Justice and Delinquency Prevention. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/reform2/ch2_g.html
