Crimes Against Persons and Government

Crimes Against Persons and Government

Scenario 1

Determine whether your home state will prevail in a prosecution against Brian for assault, battery, and murder and to what degree of murder.

The state of Virginia will argue that Lori’s case was attempted murder, which refers to taking action aimed at killing someone. Under the 2006 Code of Virginia, murder can be attempted or capital murder. The state defines capital murder as the deliberate, willful, and premeditated killing of an individual under certain conditions, such as a murder for hire or if the murder was committed during a robbery, rape, or kidnapping. Attempted murder is defined as either first-degree or second-degree murder. Brian pointed a knife at Lori in the current scenario and prompted Lori to seek safety because she feared for her life. Convicting Brian of murder requires proving that he took direct steps towards killing Lori. Preparation includes taking action and planning to commit murder. The state of Virginia will, therefore, prevail in a prosecution against Brian for murder on the basis of second-degree murder. The state will also argue that Brian took direct action toward murdering Lori.

According to the state of Virginia, direct action constitutes tracking, stalking, or ambushing a victim with the hope that it will lead to a chance to murder him, luring a victim to a specific location where they can be murdered, collecting the items required for the murder, breaking into the victim’s home or their location where they will be, using a weapon such as a knife or gun against a victim and inflicting severe injuries or shooting them at his head or chest which increases the likelihood of their death and paying someone to kill the victim or implement another major element of the crime. The state of Virginia will also prevail in a prosecution against Brian for assault because he tried to harm Lori and used a knife to threaten to cause physical injury. Assault also includes using words that inflict fear of imminent harm even though there is no direct contact. The state of Virginia will additionally prevail in a prosecution against Brian for battery. FindLaw (2019) defines battery as making harmful or offensive physical contact without a person’s consent. The main conditions for battery are accurate fear perception, unlawful threat, no available chances for the victim to escape, and the person should not have provoked the perpetrator. In the current scenario, Brian jumped in front of Lori and pointed a knife at her even though Lori had not provoked him, qualifying his actions as assault.

Scenario 2

Under federal law, can federal prosecutors charge Jack with terrorism? Explain why or why not.

Terrorism is classified as either international or domestic terrorism. Domestic terrorism is a crime against a nation’s infrastructure or against civilians with the intention of intimidating and influencing national policy, while international terrorism is a crime connected to foreign groups or governments committed with the intent of transcending a nation’s boundaries (Sandler, 2019). In the current scenario, federal prosecutors can charge Jack with terrorism under federal law because he performed an act of coercion with the intention to threaten the school and intimidate the school leaders for not protecting his son from bullying. Under federal law, Jack can also be charged with terrorism because he threatens the school, creating fear among students. Jack’s actions can also be classified as terrorism under federal law because they are a terrorist threat, which, according to federal law, includes threatening to damage or destroy any structure in the United States if it creates a substantial risk of severe bodily harm. Therefore, federal prosecutors may argue that bombing the school could harm workers and students, hence qualifying Jack’s threat as a terrorist threat.

Scenario 3

Under immigration law, can Bob be charged with harbouring an illegal alien?

Being charged or facing a criminal investigation for harbouring an illegal alien requires being found guilty of helping a non-citizen unlawfully enter or stay in the country. Bob is aware that Juan is an illegal immigrant in the current scenario and allows him to stay in his house. According to Acer & Byrne (2017), the United States immigration law states that it is a legal violation to recklessly or knowingly disregard the fact that an alien has entered, come to, or remained in the United States illegally, conceal, shield or harbour the alien to avoid them being detected or attempt to shield, harbour or conceal the alien with the intent of protecting them from being detected in any place including any means of transportation or building. Bob also made it easier for Juan to illegally live in the United States by giving him a job on his farm and paying him for the work done. Juan would not have been discovered as an illegal immigrant if he had not been arrested for driving under the influence of alcohol, and even despite the arrest, Bob continues harbouring Juan and puts no effort to ensure that Juan attends his criminal immigration hearings. Bob also makes Juan’s illegal stay in the United States less unnoticeable by allowing him to marry his daughter. The court could argue that the marriage is an attempt to conceal the fact that Juan is an illegal immigrant because it would be assumed that he has citizenship based on the fact that he has married a U.S. citizen.

Can Juan be removed from the United States pending a fair hearing?

Juan can be removed from the United States, pending a fair hearing, because he cannot be granted citizenship before being charged for staying in the United States illegally, driving under the influence of alcohol, and missing his criminal and immigration hearings. Juan’s actions are also among the causes of deportation from the United States, including criminal charges on controlled substance offenses and violating immigration laws by participating in a fraudulent marriage.

References

Acer, E., & Byrne, O. (2017). How the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 has undermined U.S. refugee protection obligations and wasted government resources. Journal on Migration and Human Security, 5(2), 356-378. https://doi.org/10.14240/jmhs.v5i2.88

FindLaw. (2019, February 14). Assault and battery defenses. FindLaw. https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-defenses.html

Sandler, T. (2019). Terrorism shocks: Domestic versus transnational responses. Transnational Terrorism, 389-406. https://doi.org/10.4324/9781315235691-19

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Overview

Scenario 1

Lori is walking to her car in a shopping mall parking lot at night when Brian suddenly jumps in front of her and points a knife in her face. Brian strikes Lori. Fortunately, Lori took a self-defense class and hit Brian with her knee and fists, and, while running to safety, fell and hit her head. Lori dies from her injuries. Brian is subsequently arrested and charged with assault, battery, and murder.
Determine whether your home state will prevail in a prosecution against Brian for assault, battery, and murder and to what degree of murder.
Refer to FindLaw’s State Criminal Law webpage to locate the criminal laws in your state.
Be sure to identify all the elements and evidence necessary for a conviction.

Scenario 2

Jack is angry at his local school because his son is being bullied. He drives to the school to meet and talk to the principal. At the school, the meeting does not go well, and he threatens to “bring the house down” if his son is not better protected at school. Jack creates a Facebook page titled “Down with Hill High School” and advocates for followers to “change the regime.”
Under federal law, can federal prosecutors charge Jack with terrorism?
Explain why or why not.

Scenario 3

Juan has worked on Bob’s farm for 10 years and, one night, gets arrested for DUI. When Juan fails to show up for work on Monday morning, Bob finds out that Juan is in the country illegally. Juan shows up at Bob’s house and asks for his last paycheck so he can flee the country. Bob can’t pay Juan, but he agrees to let him stay at home and work around the farm for food and shelter. Juan remains in the country illegally for another two years, misses his criminal and immigration hearings, and marries Bob’s daughter, a U.S. citizen. Bob and Juan are arrested by federal immigration officers two months later.
Under immigration law, can Bob be charged with harboring an illegal alien?
Can Juan be removed from the United States pending a fair hearing?

Instructions

Pursuant to the chapter readings, write a 3–4-page paper in which you analyze the three scenarios explained above and answer the specific questions.
Use at least three quality academic resources in this assignment. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment. For help with research, writing, and citation, access the library or review library guides.
Write clearly and concisely in a manner that is grammatically correct and generally free of spelling, typographical, formatting, and/or punctuation errors.
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
Distinguish among crimes against persons, including terrorism and criminal conduct against the government.