Criminal Law Essay - 1166 Words

From: Brittani Herring To: Reader Date: July 24, 2013 Re: Status Punishment Facts In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status â€Å"forces† the action? What if a person, because of his/her addiction to drugs, is â€Å"forced† by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status? Issue The issue in this case is whether or not punishing a person that is addicted to drugs to be unfairly punishing a status?†¦show more content†¦Thus, the court determined that La. Rev. Stat. Ann.  §Ã‚ § 40:961, 40:962 could have no application in the prosecution of a person for the mere status or condition that might possibly arise unintentionally or involuntary. The court dismissed defendants appeal of the judgment that revoked the suspension of two concurrent 10-year sentences for violating the conditions of his probation. In the case of State ex rel. Blouin v. Walker, 244 La. 699 (La. 1963), the inmates based their petitions on Robinson, where the U.S. Supreme Court held that Cal. Health amp; Safety Code  § 11721 violated the Eighth and Fourteenth Amendments in that it was interpreted to punish the mere status of addiction even though resulting involuntarily. The appellate court distinguished La. Rev. Stat. Ann  § 40:962 A, as denouncing a series of acts committed in tentionally or voluntarily. Section 40:962(A) did not punish the mere status or condition of addiction, which might possibly result unintentionally or involuntary. Further, the Louisiana law provided for medical treatment, whereas the California enactment did not. None of the inmates were originally imprisoned; instead, immediately after conviction each was given a suspended sentence and placed on probation with instructions to accept medical assistance. They were incarcerated only after violating some condition of the suspension.Show MoreRelatedCriminal Law1336 Words   |  6 PagesCriminal Law Jordan Miller CJA 354 September 24, 2012 Kristin Mildenberger Criminal Law Former Chief Justice and President of the United States from 1909 to 1913, William Howard Taft once stated â€Å"Presidents come and go, but the Supreme Court goes on forever.† That statement currently remains to hold true. The first Supreme Court was called to assemble on February 1, 1790, at which time the powers and duties of the Supreme Court were established. The United States Supreme Court currently hasRead MoreCriminal Law And Civil Law902 Words   |  4 PagesCriminal law is better known about in the U.S. than Civil Law because criminal activity is usually publicized at a result of it being news and a civil cases are of private matter. In civil law crime is not the issue, it is when an individual or business (plaintiff) files a lawsuit against another individual or business (defendant) to seek relief of a situation. Civil suits often deal with estates, property issues, malpractice, contracts, child support, divorce and other areas. In a civil suitRead MoreThe Issue Of Criminal Law1495 Words   |  6 PagesStudents Name Teachers Name Date Criminal Justice The topics I am going to use are Criminal Law: It tells about the history, details and the reason that why we need to have some criminal law or laws and why there are so many different laws for different kind of criminals? Probation: Probation is chance to live in your own community by obeying some rules we will discuss what is the history of probation and what kind of importance does it have for society The job for probation and parole officers:Read MoreCriminal Law And The Criminal Justice System1018 Words   |  5 Pagesgame. â€Å"In the field of criminal law, there are variations of situations that will tend to contradict elements of a crime, known as a defense†. When someone is charged with a crime the kind of defense that they choose could in the end determine their destiny with the case. The criminal defense a person chooses to use will depend on the crime they are charged with and the evidence they have at their disposal. â€Å"Whether a person has a federal criminal attorney, a state criminal attorney, or a public defenderRead MoreThe Ethics Of The Criminal Law2477 Words   |  10 PagesMan-made laws appear to have been in place for thousands of years, with the original purpose of the laws being to satisfy the wishes of a higher power- God. Due to the fact that laws were based off of religious scriptures, there was a clear guidance for lawmakers as to which acts s hould be classed as illegal. As time has progressed, and the role of religion in laws declined, there have been questions asked as to how the lawmakers are able to draw a distinction between acts which are permissibleRead MoreCriminal Laws And The Cruel Treatment Of Alleged Criminals1235 Words   |  5 PagesCriminal procedures are safeguards against the indiscriminate use of criminal laws and the cruel treatment of alleged criminals. In detail, they are designed to impose the constitutional rights of criminal the defendants, starting with initial police contact and continuing through arrest, trial, investigation, sentencing, and appeals. The purpose of this essay is to discuss the difference between a misdemeanor and felony, speedy trial for misdemeanors and felonies, and the Speedy Trial Act of 1974Read MoreEssay on Concepts of Criminal Law740 Words   |  3 PagesConcept of Criminal Law -3 A criminal penalty can take many forms and must meet four criteria: it must inflict pain or other unpleasant consequences, be prescribed in the same law that defines the crime, be administered intentionally, and be administered by the state. What are the purposes of criminal punishment? What is burden of proof in a criminal case? Who must meet this burden of proof? Who has the burdenRead MoreCriminal Law And Its Effect On Society853 Words   |  4 Pagesthis learner to elaborate more on â€Å"which laws this learner believe are considered criminal by the larger society, but may be considered acceptable by the groups lacking wealth†? (Martin, 2016. Para. 1). Well, this learner will try to address this question. As we know criminal laws were created for us as a society to follow, maintain, and be punished if the law is broken. Now, that sounds really good, but as a society this is not true, because these laws are look good on paper, and are supposed toRead MoreCriminal Law Essay on Homicide730 Words   |  3 PagesCriminal Law Essay on Homicide According to the latest official statistics, there are more than 500 000 cases of homicide every year. More than 30% of all cases occur in Africa. Americas are on the second place. Asia is known for 5% of all the cases of homicide that are reported in the world annually. What is homicide? Why does this problem exist? How can it be solved? Criminal homicide is the action of killing a person by another person. The killer could have killed the victim intentionally andRead MoreActs Omissions Criminal Law1599 Words   |  7 PagesThis essay affirms that it is possible to draw a distinction; albeit not a clear one. A distinction is important in order to avoid overlooking omissions, which can form a basis for criminal liability; and in the doctrine of actus novus interveniens. A clear distinction is seen in the definitions of an act and omission. When the actus reus, and mens rea of a crime exists – an act is an action that have caused harm to a person, or damage to property, while an omission is where an action that