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 .
Murder in Arizona is defined under the Arizona Revised Statutes (A.R.S) 13-1105. The actus reus element needed to prove murder in the first degree is that the defendant killed a person. The mens rea element is that the defendant knowingly or intended to cause another
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The actus reus element that is needed to prove murder under this statute is that the defendant killed the victim. The mens rea element that is needed to prove murder is that the defendant “intentionally or knowingly causes the death of an individual, intends to cause serious bodily injury and commits an act clearly dangerous to human life.” (). The causation element is the combination of the elements above caused the death of the victim where the defendant would be convicted of murder if all these elements were present. Voluntary Manslaughter in Arizona is defined under section A.R.S. 13-1103 where the actus reus element to be criminally liable for this offense is that the defendant acted killed another person. The mens rea for this offense under subsection A.2 is that the defendant recklessly or negligently took the life of another. The causation for the crime is that the defendant acted because of a “sudden quarrel or heat of passion resulting from adequate provocation of the victim”. (ARS). These elements would allow the State to meet its burden of proof to convict a defendant of voluntary …show more content…
The actus reus needed to prove DUI is under subsection A.1 of this statute which states that a person must have been driving or in physical control of a vehicle within two hours of drinking. However, there is not a specific mens rea associated with driving under the influence. Instead, an attendant circumstance of being intoxicated with a blood alcohol concentration of 0.08 or higher while driving or being in physical control are the elements needed to prove Driving Under the Influence. The causation of the crime of DUI is that the person was driving while intoxicated. Given the elements listed the State would have enough to prove the defendant guilty of DUI in
Spears has admitted to his intoxication and therefore meets the intoxication prong for the statute of driving while intoxicated. The prosecution will have to prove the other elements of the statue such as; operating, a motor vehicle, and in a public space. The legal questions left to
This statute is summarized by the prosecution as meaning that the defendant can only use deadly force if he reasonably
Also, it is important to note that the reason the case is cited as being Miranda v. Arizona is because it was the first on the docket. This case involved all of the following cases: 1) No. 759. Miranda v. Arizona, 2) No. 760 Vignera v. New York, 3) No. 761, Westover v. United States, and 4) No. 584, California v. Stewart. It is listed as Miranda v. Arizona because it was listed first on the
The Model Penal Code states that and individual commits involuntary manslaughter when they commit a criminal homicide in a reckless
Homicide: the deliberate and unlawful killing of one person by another person. To you does this word fit in the events that have happened. It was obvious Tom my client was not trying to deliberately kill his little brother, Doodle. Tom cannot be legally convicted of a crime he allegedly committed. It may seem like he's guilty with all fingers pointed at him for the death of Doodle, but allow me to elaborate on how my client is indeed innocent.
Murder, the unlawful premeditated killing of one human being by another. Premeditated means that the killing of the person was planned out, this helps support that Adnan Syed is not guilty. In 1999 an eighteen year old girl named Hae Min Lee went missing from Baltimore, Maryland. Her ex boyfriend Adnan Syed was accused of murdering her and disposing her body in Leakin park. The problem is that all the evidence used to persecute Adnan does not add up to make a strong case.
Manslaughter in the second degree OTRs 163.125 is committed recklessly; she drives hem, she plan it with Larry, even if she did not stop hem she was committed to driving hem Aggravated murder ORs 163.115 Linda was not the mastermind of this crime but I believe she needs to be accountable for the crime also as Larry Criminal negligence homicide ORs 163.145 Linda committed the crime of criminal negligence because with her actions of participated in the process of committed a crime cause the death of another
Miranda vs. Arizona Introduction The Supreme Court case of Miranda vs. Arizona (1966) was a significant case for both law enforcement agencies and the citizens of America. This case would be the milestone that changed how law enforcement agencies handled citizens that were being detained for crimes that were committed. The results from this case have been constantly reviewed and gained further information on how the Fourth, Fifth, and Sixth Amendments are interpreted. While this was not the first case that brought up violations of Constitutional Rights, this case would set a standard that future Supreme Court Justices would have to uphold.
To defend Mr. Corliss against his murder charge by using Illinois’ self-defense stature, we must prove that Mr. Corliss “reasonably believe[d] that deadly force was necessary to prevent great bodily harm to himself.” There is no real dispute that Mr. Corliss believed force was necessary because he was scared enough to have brought a gun to the party in the first place. This memorandum will discuss only the issue of showing that this belief was reasonable. As referenced In re S.M., Illinois courts consider two factors to conclude the reasonableness of the defendant’s belief that deadly force is necessary to avoid great bodily harm.
Lippman, Matthew. (2017). Essential Criminal Law (2nd ed.). Thousand Oaks, CA: Sage Publications. Malani, Anup. (2007)
Ladies and gentlemen of the jury, you are here because one person in this courtroom decided to take law into her own hands. The defendant, Mrs. Dominique Stephens, murdered the man that she vowed to love. This sole act by the defendant is violation of all morals and her husband’s right to live. Afterwards, she even felt guilty about this violation of justice and called the cops on herself, and she later signed a written statement stating that she is guilty of the murder of Mr. Donovan Stephens. Then the defendant later recanted this statement and said that she only killed Mr. Stephens in self defense.
The case, State v. Rose, demonstrated that "Henry Rose was accused of murder after he struck the casualty, David J. McEnery, with his auto and headed out with" the casualty wedged underneath the vehicle (Casebriefs,2012, P.2). The rule of this case was to find the appellant guilty of manslaughter; the jury would have to find that the victim was alive
Sawyer certainly did try to “murder” a dying man, but missed and punctured his lung, consequently creating his endless suffering worse. Nevertheless, Jack then seized the opportunity and relieved the crowd by ending the painful moans Marshall kept on making. The law addresses that is legal for a doctor to end a patient’s life if the patient requests to. In this case, Jack has intentionally decided to end Marshal’s life, after all. In this situation, it would be homicide, because Jack’s intentions were not to cause harm physically and mentally, but rather assisted suicide, which leaves a charged felony.
The definition of murder is the killing of a human being by a sane person, with the intent to harm or kill and with no legal excuse or authority (Hill, Gerald & Kathleen, 2016). A murder was committed on the night of 1986. A young nurse was named Anita Lorraine Cobby was violently killed by five drunken men. Cobby was murdered by a group of five men who together had over 50 prior convictions including armed robbery, car theft, breaking and entering, assault, escaping lawful custody, receiving stolen goods, drug use and rape. John Travers, the leader was 19 at the time.
Often times, homicides violate the criminal law set in stone by the government. Crimes such as murder and manslaughter fall under the category of homicide. Other crimes that fall underneath of homicide are self induced homicide, vehicular homicide, and so on. When one commits a homicide out of self defense, and is deemed justified,