Research Proposal on "Criminal Justice Final"

Research Proposal 7 pages (2030 words) Sources: 0 Style: MLA

[EXCERPT] . . . .

Criminal Justice Final

Define the "traditional" crime of murder as described in 2C:11-3 (a) 1 and 2, include the two relevant forms of criminal intent or criminal state of mind.

According to N.J.S.2C:11-3(a), "criminal homicide constitutes murder when:

The actor purposely causes death or serious bodily injury resulting in death; or 2) the actor knowingly causes death or serious bodily injury resulting in death." (N.J.S.2C:11-3(a) (1) and (2)). Under N.J.S.2C:11-3(a)(1), a person commits the crime of murder if his purpose in committing the crime is to cause the death of the victim. An example of a murder under N.J.S.2c:11-3(a)(1) would be if two people got into a non-physical argument, and one of them said, "I'm going to kill you," drew a firearm, and fired a round into the victim's head. The perpetrator not only caused the death of the victim, but took actions with the specific and conscious desire to end the victim's life. Under N.J.S.2C:11-3(a)(2), a person commits the crime of murder if he knows or should know that his conduct will lead to the death of the victim. The difference between the two provisions of the law is that under N.J.S.2C:11-3(a)(2), the perpetrator's goal does not have to be the death of the victim. An example of a murder under N.J.S.2C:11-3(a)(2) would be if the perpetrator set fire to a building in order to collect insurance money, with the knowledge that there were sleeping inhabitants of the building. Though the deaths were not the perpetrator's goal in committing the crime, he knew that his actions would lead to the victims' deaths.

Fully explain the doctrine of felony murder as it exists in New Jersey. Include its definition and specifically detail the meaning of each of its words and terms. Create a meaningful hypothetical.

Under N.J.S.2C:11-3(a)(3), a felony murder occurs when a victim is killed by a person committing one of several specified crimes, or in the immediate flight from those crimes. The felony murder statute is significant, because it allows a defendant to be convicted of murder, not only when a defendant did not commit the actual homicide, but when the defendant did not contemplate that a death would occur during the commission of the crime. The felony murder statute can apply when a defendant acts alone or when he acts with one or more additional persons. Furthermore, the crime does not have to be completed; felony murder applies as long as the underlying crime is attempted. The underlying felonies include: robbery, which is defined as theft combined with physical force or threats under N.J.S.2C:15-1; sexual assault, defined as both forcible rape and status offenses under N.J.S.2C:14-2; arson, which is defined as purposefully starting a fire or explosion under N.J.S.2C:17-1; burglary, which is defined as entering certain structures without permission under N.J.S.2C:18-2; kidnapping, defined under N.J.S.2C:13-1 as unlawfully removing or unlawfully holding a victim; carjacking, which is auto theft combined with physical force or threats under N.J.S.2C:15-2; criminal escape, which is the escape from law enforcement officials; and terrorism.

The statutory language provides that:

It is committed when the actor, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2), and in the course of such crime or of immediate flight therefrom, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant: (a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and (b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and - Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and (d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury. (N.J.S.2C:11-3(a)(3)).

John, Jason, and Jeremy decide that they are going to rob a convenience store at gun point. John and Jason enter the store and hold up the clerk at gunpoint, take the cash that he has in the cash register, and run to the car, where Jeremy is waiting in the driver's seat. Jeremy speeds away from the scene of the crime, heading down a residential street, where he runs over a young girl who is playing in the street. The girl dies as a result of her injuries. All three young men could be charged with felony murder, because all three of them participated in the commission of the underlying felony, and the girl's death occurred when they were fleeing the scene of the crime.

Fully explain the following forms of homicide and include meaningful hypotheticals, which illustrate your understanding of each.

A a)

Aggravated Manslaughter;

Aggravated manslaughter exists when a homicide occurs without the mens rea to establish murder, but when the defendant has greater culpability than mere recklessness. Instead of being reckless, the actor must either show an indifference to human life or have been in flight from law enforcement officials. Under N.J.S.2C:11-4(a):

Criminal homicide constitutes aggravated manslaughter when: (1) the actor recklessly causes death under circumstances manifesting extreme indifference to human life; or (2) the actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. Of N.J.S.2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. Of N.J.S.2C:29-2 which resulted in the death of another person. As used in this paragraph, "actor" shall not include a passenger in a motor vehicle. (N.J.S.2C:11-4(a)).

John was driving down the street in a Ford Mustang, which he had recently purchased. He was exceeding the speed limit, and was upset to see that a police officer was following him with lights flashing and the siren wailing. Wanting to test the limits of his new sports car, John decides that he is going to speed away and see if he can evade the pursuing officer. While speeding away from the officer, John hits another vehicle. The accident causes the death of Rita, the driver of the vehicle that John hit. Because John was attempting to elude capture under N.J.S.2C:29-2, he can be charged with aggravated manslaughter.

A b)

Traditional Manslaughter (Reckless); and Traditional manslaughter occurs when a person causes the death of another, under circumstances where liability should attach, but without having a mens rea demonstrating indifference to human life or a more culpable mental state. Under N.J.S.2C:11-4(b), "criminal homicide constitutes manslaughter when: (1) it is committed recklessly." (N.J.S.2C:11-4(b)).

John is driving down the street in his new Ford Mustang, when he decides to see how fast it can go. He drives outside of the city limits, where traffic is limited, and believes that he is being careful. However, he greatly exceeds the speed limit and is unable to stop in time to avoid hitting an existing automobile accident. When he collides with the accident, John kills Rita, a passenger in one of the cars.

Passion Provocation Manslaughter

Unlike the other degrees of manslaughter, persons who commit passion provocation manslaughter do so with full knowledge that their actions are likely to result in the victim's death or with the intention of causing the victim's death. Under N.J.S.2C:11-4(b)(2) a criminal homicide constitutes manslaughter when it is "A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation." (N.J.S.2C:11-4(b)(2). In the past, passion provocation has been used to justify various types of homicides, such as the killing of an unfaithful spouse. However, societal norms help determine what constitutes a reasonable provocation.

John's comes home from work early one day to find his 16-year-old daughter Rita having sex with Matthew, the grown man who lives next door to John. John grabs a baseball bat and proceeds to beat Matthew to death. Finding a grown man having sex with one's daughter would almost certainly be considered reasonable provocation, justifying the reduction in charges.

Victims of sexual crimes in New Jersey are no longer put on trial. Explain why the Code changed the law in that regard and how that change is reflected by the provisions concerning: (a) whether resistance by the victim is relevant and must always be proven, and (b) whether the prior and subsequent sexual history of the victim should be admissible at the trial. Give examples to illustrate your viewpoints.

The Code changed the law regarding… READ MORE

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