Federal Offenses and Offenders
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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. -
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. -
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. -
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. -
Criminal Assault Includes Both a Specific Intent to Commit a Battery, and a Battery That Is Otherwise Unprivileged Committed with Only General Intent
QUESTION 5 Don has owned Don's Market in the central city for twelve years. He has been robbed and burglarized ten times in the past ten months. The police have never arrested anyone. At a neighborhood crime prevention meeting, apolice officer told Don of the state's new "shoot the burglar" law. That law reads: Any citizen may defend his or her place of residence against intrusion by a burglar, or other felon, by the use of deadly force. Don moved a cot and a hot plate into the back of the Market and began sleeping there, with a shotgun at the ready. After several weeks of waiting, one night Don heard noises. When he went to the door, he saw several young men running away. It then dawned on him that, even with the shotgun, he might be in a precarious position. He would likely only get one shot and any burglars would get the next ones. With this in mind, he loaded the shotgun and fastened it to the counter, facing the front door. He attached a string to the trigger so that the gun would fire when the door was opened. Next, thinking that when burglars enter it would be better if they damaged as little as possible, he unlocked the front door. He then went out the back window and down the block to sleep at his girlfriend's, where he had been staying for most of the past year. That same night a police officer, making his rounds, tried the door of the Market, found it open, poked his head in, and was severely wounded by the blast. -
Bank Robbery Motion to Dimiss
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION UNITED STATES OF AMERICA * v. * Criminal No. _____________________ * * * * * * * * * * * * DEFENDANT’S MOTION TO DISMISS COUNT Comes now Mr. _________, by and through his undersigned counsel, James Wyda, Federal Public Defender for the District of Maryland and _______________, Assistant Federal Public Defender, hereby moves this Honorable Court, pursuant to Federal Rules of Criminal Procedure 12(b)(3)(B)(v) and (b)(1) to dismiss Count ___ (alleged violation of 18 U.S.C. § 924(c)) for failure to state a claim. As will be explained herein, the federal bank robbery offense (Count __) underlying the § 924(c) offense/Count __ categorically fails to qualify as a crime of violence within the meaning of 18 U.S.C. § 924(c)(3)(A), and the residual clause of § 924(c)(3)(B) is unconstitutionally vague under Johnson v. United States, __ U.S. __, 135 S. Ct. 2551 (2015). Therefore, Count 2 does not state an offense and must be dismissed. INTRODUCTION Count __ of the current superseding indictment currently charges Mr. ____ with ___ a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c). Specifically, the Count alleges that the underlying “crime of violence” for the 924(c) is federal bank robbery in violation of 18 U.S.C. § 2113(a). However, the Government cannot prove this charge because the offense of federal bank robbery categorically fails to qualify as a “crime of violence.” As explained herein, the Supreme Court’s recent precedent in Johnson renders the Government’s task unachievable. -
Download Bank-Crime-Statistics-2018.Pdf
U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535-0001 BANK CRIME STATISTICS (BCS) FEDERALLY INSURED FINANCIAL INSTITUTIONS January 1, 2018 - December 31, 2018 I. VIOLATIONS OF THE FEDERAL BANK ROBBERY AND INCIDENTAL CRIMES STATUTE, TITLE 18, UNITED STATES CODE, SECTION 2113 Violations by Type of Institution Robberies Burglaries Larcenies Commercial Banks 2,707 47 2 Mutual Savings Banks 5 0 0 Savings and Loan Associations 23 0 0 Credit Unions 215 6 0 Armored Carrier Companies 10 1 0 Unknown 15 2 0 Totals: 2,975 56 2 Grand Total - All Violations: 3,033 Number, Race, and Sex of Perpetrators The number of persons known to be involved in the 3,033 bank robberies, burglaries, and larcenies was 3,378. The following table shows a breakdown of the 3,378 persons by race and sex. In a small number of cases, the use of full disguise makes determination of race and sex impossible. White Black Hispanic Asian Other Unknown Male 1,286 1,361 225 21 14 148 Female 110 87 5 0 4 8 Unknown Race/Sex: 109 Investigation to date has resulted in the identification of 1,938 of the 3,378 persons known to be involved. Of these 1,938 identified persons, 35.4 percent were determined to be users of narcotics, and 27.2 percent were found to have been previously convicted in either federal or state court for bank robbery, bank burglary, or bank larceny. Occurrences by Day of Week and Time of Day Monday - 544 6-9 a.m. -
Mystery Short Stories Period 2 the Bank Robbery by Chris Wu the Crime Was Somebody Had Stolen Money in the Bank. the Three Robb
Mystery Short Stories Period 2 The Bank Robbery By Chris Wu The crime was somebody had stolen money in the bank. The three robbers had broken into the city bank vault. They break into the bank by breaking the glass window with a stick. The police detective is me, Chris Wu. My job is to figure out who had stolen all of the money! I was watching the security cameras and I saw David one of the robbers putting money in the back of the truck. I saw Joe putting bags of money in the bank van. And finally, I saw Steve on the security cameras locking up bags of money in the bank van. The story had taken place in the city bank. The clues were who had left a trail of gold, who left the vault door open and who left a large pile of money. I can tell who done it by figuring out which one left a trail of gold, who left the vault door open, and check who had left a large pile of money. The one who left a trail of gold was David, the robber who left the vault door open was Joe and Steve was the one who left a large pile of money. So I had to call the cops to place the 3 robbers under arrest. This had been a very dangerous crime and it wasn’t safe at all for the robbers to rob the bank. Who in The World Caused the Whole Town to Become Sick? By Cole Gilmer Friday night, Mr.