THIS IS THE QUESTION FROM THE PROFESSOR TO THE STUDENTS THIS IS JUST A GUIDE TO HELP YOU TO UNDERSTAND THE QUESTION BEING ASK. PLEASE READ DETAIS CAREFULLY TO UNDERSTAND THANKS……
The line between criminal and defensible acts can be blurry. For instance, if the homeowner in the burglary scenario had shot the intruder 10 times rather than just once, the reaction would be considered excessive. If the burglar had been turning to walk out the door when he was shot, that too would be cause for further investigation. In situations like these, criminal justice professionals play key roles in determining criminality, gathering evidence, and addressing the defense.
For this Discussion, you use an example case to explore those criminal justice roles related to defensible actions and probable cause.
In this Discussion, your Instructor may post a contemporary news story or other current example about a crime that has occurred, or you may find of your own story.
In the story, identify the action that may or may not be defensible.
Use information from the story to respond to the prompt.
THIS IS MY REPLY TO THE PROFESSOR AND THE CLASS IT IS A REWRITE JUST CHANGE UP THE WORDING BUT MAKE SURE IT MEANS THE SAME THING.
Week Two Discussion: Defensible Actions
In the case of the High School Fight, to determine whether the case is criminal when defensible a few things need to be investigated by the responding police officers. They need to determine whether a crime was even committed and to do this they need to investigate. In this case, the police approach the scene and observed two male teens next to a sports car in a high school parking lot. One is laying on his back with blood coming from his head and seems to be a little disoriented. The other is there holding his shoulder with visible contusions on his body. After observing the scene, the suspect(s) and victim(s) are interviewed along with any eyewitnesses, and crime scene details are gathered. Evidence is documented in notes, reports, photographs, cell phone footage, etc. Tony the one holding his shoulder gives his side of the story and the young man Jake, the one laying down with blood coming from his head is given medical attention and interviewed at the hospital. All stories coincide with one another including the eyewitnesses. They find that the young man Scott, who was responsible for the injuries to the two other teens was not on the scene.
If it is determined that Scott may have behaved criminally, “the prosecution then gathers the evidence the police and/or investigators have collected and presents it to the court” (Lippman, 2018). Meaning, does the evidence display, actus reus (criminal act) and mens rea (state of mind), and are they in concurrence with one another; do they coincide. “In every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence” (Reid, 2016). Causation and harm to the victim(s) is another factor that can be presented to the court. The defense can also submit evidence and ask the court to exclude any evidence that may have been obtained in violation of the defendant’s constitutional rights. The judge is who decides what is submittable and what is not.
“There is a presumption of innocence until proven guilty in a court of law. The prosecutor’s burden is required as a matter of due process of law to establish every element of a crime beyond a reasonable doubt” (Lippman, 2018).
Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies. (5th ed.). (Ch. 8). (pp. 196-199). Thousand Oaks, CA: Sage Publications.
Reid, S., T. (2016). Criminal law: The essentials. (3rd ed.). (Ch.2). (pp. 35-36). New York, NY: Oxford University Press.