Robbery Is a Crime Against a Person and It Is a Very Frightening Experience
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
WALKER V. GEORGIA
Cite as: 555 U. S. ____ (2008) 1 THOMAS, J., concurring SUPREME COURT OF THE UNITED STATES ARTEMUS RICK WALKER v. GEORGIA ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF GEORGIA No. 08–5385. Decided October 20, 2008 JUSTICE THOMAS, concurring in the denial of the peti- tion of certiorari. Petitioner brutally murdered Lynwood Ray Gresham, and was sentenced to death for his crime. JUSTICE STEVENS objects to the proportionality review undertaken by the Georgia Supreme Court on direct review of peti- tioner’s capital sentence. The Georgia Supreme Court, however, afforded petitioner’s sentence precisely the same proportionality review endorsed by this Court in McCleskey v. Kemp, 481 U. S. 279 (1987); Pulley v. Harris, 465 U. S. 37 (1984); Zant v. Stephens, 462 U. S. 862 (1983); and Gregg v. Georgia, 428 U. S. 153 (1976), and described in Pulley as a “safeguard against arbitrary or capricious sentencing” additional to that which is constitu- tionally required, Pulley, supra, at 45. Because the Geor- gia Supreme Court made no error in applying its statuto- rily required proportionality review in this case, I concur in the denial of certiorari. In May 1999, petitioner recruited Gary Lee Griffin to help him “rob and kill a rich white man” and “take the money, take the jewels.” Pet. for Cert. 5 (internal quota- tion marks omitted); 282 Ga. 774, 774–775, 653 S. E. 2d 439, 443, (2007). Petitioner and Griffin packed two bicy- cles in a borrowed car, dressed in black, and took a knife and stun gun to Gresham’s house. -
The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent. -
Ignorance and Mistake in Criminal Law
Indiana Law Journal Volume 33 Issue 1 Article 1 Fall 1957 Ignorance and Mistake in Criminal Law Jerome Hall Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Criminal Law Commons Recommended Citation Hall, Jerome (1957) "Ignorance and Mistake in Criminal Law," Indiana Law Journal: Vol. 33 : Iss. 1 , Article 1. Available at: https://www.repository.law.indiana.edu/ilj/vol33/iss1/1 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. INDIANA LAW JOURNAL Volume 33 FALL 1957 Number I To perpetuate the memory of Professor Frank E. Horack, Jr., a scholarship and acquisition fund which will bear his name has been established by Indiana University. Readers of the Journal who desire to contribute to the fund are invited to send their gifts to either the Dean of the School of Law, or the I. U. Foundation, at Bloomington, Indiana. Checks may be made payable to the Foundation, and should indicate that they are to apply toward the FRANK E. HORACK, JR., MEMORIAL FUND. IGNORANCE AND MISTAKE IN CRIMINAL LAW JEROME HALLtI At the threshold of inquiry into the criminal liability of persons who commit harms under the influence of ignorance or mistake, one con- fronts an insistent perennial question-why should such persons be sub- jected to any criminal liability? Ignorantiafacti excwsat accords with the implied challenge. -
False Statements and Perjury: a Sketch of Federal Criminal Law
False Statements and Perjury: A Sketch of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law May 11, 2018 Congressional Research Service 7-5700 www.crs.gov 98-807 False Statements and Perjury: A Sketch of Federal Criminal Law Summary Federal courts, Congress, and federal agencies rely upon truthful information in order to make informed decisions. Federal law therefore proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury in judicial proceedings; perjury in other contexts; and subornation of perjury. Section 1001 of Title 18 of the United States Code, the general false statement statute, outlaws material false statements in matters within the jurisdiction of a federal agency or department. It reaches false statements in federal court and grand jury sessions as well as congressional hearings and administrative matters but not the statements of advocates or parties in court proceedings. Under Section 1001, a statement is a crime if it is false regardless of whether it is made under oath. In contrast, an oath is the hallmark of the three perjury statutes in Title 18. The oldest, Section 1621, condemns presenting material false statements under oath in federal official proceedings. Section 1623 of the same title prohibits presenting material false statements under oath in federal court proceedings, although it lacks some of Section 1621’s traditional procedural features, such as a two-witness requirement. Subornation of perjury, barred in Section 1622, consists of inducing another to commit perjury. All four sections carry a penalty of imprisonment for not more than five years, although Section 1001 is punishable by imprisonment for not more than eight years when the offense involves terrorism or one of the various federal sex offenses. -
Police Perjury: a Factorial Survey
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Police Perjury: A Factorial Survey Author(s): Michael Oliver Foley Document No.: 181241 Date Received: 04/14/2000 Award Number: 98-IJ-CX-0032 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. FINAL-FINAL TO NCJRS Police Perjury: A Factorial Survey h4ichael Oliver Foley A dissertation submitted to the Graduate Faculty in Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. The City University of New York. 2000 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. I... I... , ii 02000 Michael Oliver Foley All Rights Reserved This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
Group “A” Offenses Group “B” Offenses
Group “A” Offenses Group “B” Offenses Group B’s MUST have an arrest to be NIBRS Reportable NIBRS NIBRS NIBRS OFFENSES CODES NIBRS OFFENSES CODES NIBRS NIBRS Arson 200 Human Trafficking NIBRS OFFENSES CODES NIBRS OFFENSES CODES -Commercial Sex Acts 64A Assault Offenses -Involuntary Servitude 64B Bad Checks 90A Family Offenses, Non- 90F -Aggravated Assault 13A Violent -Simple Assault 13B Kidnapping/Abduction 100 -Intimidation 13C Curfew/Loitering/Vagrancy 90B Liquor Law Violations 90G Larceny/Theft Offenses Violations Bribery 510 -Pocket Picking 23A -Purse Snatching 23B Disorderly Conduct 90C Peeping Tom 90H Burglary/B&E 220 -Shoplifting 23C -Theft from Building 23D Driving Under the Influence 90D Trespassing 90J Counterfeiting/Forgery 250 -Theft from Coin-Operated Machine 23E or Device Drunkenness 90E All Other Offenses 90Z -Theft from Motor Vehicle 23F Destruction/Damage/Vandalism of 290 -Theft of Motor Vehicle Parts or 23G Property Accessories Source: Association of State Uniform Crime Reporting Programs (ASUCRP). Accessed on June 6, 2014. -All Other Larceny 23H Drug/Narcotic Offenses -Drug/Narcotic Violations 35A Motor Vehicle Theft 240 -Drug/Narcotic Equip. Violations 35B Pornography/Obscene Material 370 Embezzlement 270 Prostitution Offenses Extortion/Blackmail 210 -Prostitution 40A -Assisting or Promoting Prostitution 40B Fraud Offenses -Purchasing Prostitution 40C -False Pretenses/Swindle/ Confidence 26A Games -Credit Card/Automatic Teller Machine 26B Robbery 120 Fraud -Impersonation 26C -Welfare Fraud 26D Sex Offenses (Forcible) -Wire Fraud 26E -Forcible Rape 11A -Forcible Sodomy 11B -Sexual Assault with An Object 11C Gambling Offenses -Forcible Fondling 11D -Betting/Wagering 39A Sex Offenses (Non-Forcible) -Operating/Promoting/ Assisting 39B -Incest 36A Gambling -Gambling Equip. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Robbery Victimization
What are the facts ■ Fifteen percent of all persons arrested in 1999 for robbery were under age 18. (Crime about robbery? in the United States 1999. Washington, DC: Federal Bureau of Investigation, 2000) ■ In 1999, one robbery occurred every minute in the United ■ During 1999, the average value of property States. (Crime in the United States loss for a single robbery was $1,131, reflect- 1999. Washington, DC: Federal Bureau of ing a 15-percent increase from the 1998 Investigation, 2000) figure. (Crime in the United States 1999. Washington, DC: Federal Bureau of Investi- ■ The national loss due to robberies was an gation, 2000) estimated $463 million in 1999. According to the Federal Bureau of Investigation, how- ever, the impact of this violent crime on its victims cannot be measured in terms of mon- Resources for Information Robbery etary loss alone. (Crime in the United States and Assistance 1999. Washington, DC: Federal Bureau of Investigation, 2000) National Center for Victims of Crime Victimization 1–800–FYI–CALL or 1–800–394–2255 ■ In 1999, 40 percent of all robberies were www.ncvc.org committed with firearms. (Crime in the United States 1999. Washington, DC: National Organization for Victim Assistance Federal Bureau of Investigation, 2000) 1–800–TRY–NOVA or 1–800–879–6682 www.try-nova.org ■ In 1999, 74 percent of male victims of rob- bery and 42 percent of female victims of rob- Office for Victims of Crime Resource Center bery stated that the robber was a stranger. 1–800–627–6872 (Criminal Victimization in the United States TTY 1–877–712–9279 1999. -
Mistake of Fact Or Mistake of Criminal Law? Explaining and Defending the Distinction
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 2009 Mistake of Fact or Mistake of Criminal Law? Explaining and Defending the Distinction Kenneth Simons Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Law Commons MISTAKE OF FACT OR MISTAKE OF CRIMINAL LAW? EXPLAINING AND DEFENDING THE DISTINCTION Boston University School of Law Working Paper No. 08-32 Kenneth W. Simons This paper can be downloaded without charge at: http://www.bu.edu/law/faculty/scholarship/workingpapers/2008.html Electronic copy available at: http://ssrn.com/abstract=1303049 Mistake of fact or mistake of criminal law? Explaining and defending the distinction by Kenneth W. Simons* Draft: November 17, 2008 Abstract: This article makes six points. First, under any plausible normative perspective, the distinction between mistake (and ignorance) of criminal law and mistake of fact must at least sometimes be drawn. Second, the fundamental distinction is between a mistake about the state’s authoritative statement of what is prohibited (“M Law”), and a mistake about whether that prohibitory norm is instantiated in a particular case (“M Fact”). Third, when an actor makes a mistake about an evaluative criterion whose content the fact-finder has discretion to elaborate, it is impossible both to allow this discretion and to faithfully realize a jurisdiction’s policy of treating M Fact and M Law differently. Fourth, the claim that every unreasonable M Fact is really a M Law elides important differences between the two kinds of mistake. Fifth, various borderline objections, such as the famous Mr. -
RECANTATIONS and the PERJURY SWORD Russell D
861 COVEY PRODUCTION (DO NOT DELETE) 12/8/2016 1:32 PM RECANTATIONS AND THE PERJURY SWORD Russell D. Covey* Witness recantations pose a special problem in criminal law. Often, trial witnesses come forward, sometimes years after a criminal trial, and admit or allege that the incriminating testimony they gave at trial, and which contributed to the conviction of the defendant at that trial, was false or mistaken.1 Convicted inmates submit such recantations as new evidence of actual innocence to courts in hopes of winning their release or at least a new trial.2 Courts, however, are notoriously skeptical of recantation evidence, in part because of finality concerns, but also in part because judges tend to treat such statements as less reliable than the original, in- court testimony that was previously given.3 But here, courts have it exactly backward, largely because they misunderstand or underappreciate the extent to which the prosecutorial perjury sword places recanting witnesses in a legal dilemma. How many people, after all, are willing to admit publically that they erred or lied in the past and thereby risk a criminal perjury conviction and possible prison sentence simply to benefit some other person, possibly a complete stranger? In those relatively rare instances in which a witness does willingly recant * Professor of Law, Georgia State University College of Law. 1 See, e.g., Dobbert v. Wainwright, 468 U.S. 1231, 1232 (1984) (Brennan, J., dissenting) (demonstrating that witnesses sometimes recant testimony up to several years after a conviction); see Peter M. Agulnick, In Search of Truth: A Case for Expanding Perjury’s Recantation Defense, 100 W. -
False Statements and Perjury: an Overview of Federal Criminal Law
False Statements and Perjury: An Overview of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law May 11, 2018 Congressional Research Service 7-5700 www.crs.gov 98-808 False Statements and Perjury: An Overview of Federal Criminal Law Summary Federal courts, Congress, and federal agencies rely upon truthful information in order to make informed decisions. Federal law therefore proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury in judicial proceedings; perjury in other contexts; and subornation of perjury. Section 1001 of Title 18 of the United States Code, the general false statement statute, outlaws material false statements in matters within the jurisdiction of a federal agency or department. It reaches false statements in federal court and grand jury sessions as well as congressional hearings and administrative matters but not the statements of advocates or parties in court proceedings. Under Section 1001, a statement is a crime if it is false, regardless of whether it is made under oath. In contrast, an oath is the hallmark of the three perjury statutes in Title 18. The oldest, Section 1621, condemns presenting material false statements under oath in federal official proceedings. Section 1623 of the same title prohibits presenting material false statements under oath in federal court proceedings, although it lacks some of Section 1621’s traditional procedural features, such as a two-witness requirement. Subornation of perjury, barred in Section 1622, consists of inducing another to commit perjury. All four sections carry a penalty of imprisonment for not more than five years, although Section 1001 is punishable by imprisonment for not more than eight years when the offense involves terrorism or one of the various federal sex offenses. -
Vicarious Liability Under Criminal Law in India
International Journal of Law and Legal Jurisprudence Studies :ISSN:2348-8212:Volume 3 Issue 3 213 VICARIOUS LIABILITY UNDER CRIMINAL LAW IN INDIA Ashwini Priya B.B.A.L.L.B, Chanakya National Law University, Patna, India [email protected] Abstract Vicarious liability is a form of a strict, secondary liability that arises under the common law. This paper discusses the doctrine of Vicarious Liability under Indian criminal law. Vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other. Under this doctrine individuals can be made vicariously liable for a criminal act of others even if they merely helped to further the crime in some way example aiding and abetting criminal activities. This often occurs in the context of civil law. In a criminal context, vicarious liability assigns guilt, or criminal liability, to a person for wrongful acts committed by someone else. This doctrine is considered to be fundamentally flawed under criminal law because it is based on “respondent superior” principles that are concerned with distributing loss caused by tortious act. The paper mainly focuses on the vicarious liability of the state in criminal offences, and also of corporations. Keywords-criminal law, intention, responsibility, vicarious liability Introduction Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency ; respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party .1 Vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other.