General Fortence And The Four Types Of The Criminal Law

Great Essays
1. Define and generally discuss how general intent differs from specific intent. And when does "general intent "plus" become a factor in these three criminal law key term words. Explain the "actus reus" and "mens rea" regarding the terms. Give examples to enhance each of these important criminal law words.
1. General intent is the intent to commit an act that is criminal and forbidden by the statute. General intent is general because it is the minimum requirement of ALL crimes. This is the intent to commit voluntary act, omission, or possession that the criminal statute prohibits.
Specific intent is the general intent to commit the actus reus of crimes with the addition of the intent to cause a harmful result that is criminal. It can
…show more content…
Samaha discusses "possession" as a criminal act and identifies the four types. Identify and define the four types and generally discuss to make for full understanding to their relevance to the criminal law term of possession. Give examples of each of these terms that support their definition.
2. The four types of “possession” as a criminal act are actual possession, constructive possession, knowing possession, and mere possession. Actual possession are items found on someone. For example, drug possession that people have in one’s pocket or in their hand.
Constructive possession are items that are banned that are not on a person, but in a place of their control. An example of this is having drugs in one’s car.
Knowing possession are items that possessors know that is in their control whether that be on them or in a place that is theirs. An example of this is someone buying methamphetamine and they knowingly know that they purchased meth. They do not have to know that it is a crime to have possession of it. One only need to know they have meth in their possession.
Mere possession are items that one possesses, but you have no idea what they are. An example is carrying your friends briefcase with drugs in it and you have no idea what’s inside is mere
…show more content…
In criminal law, "criminal omission" is simply stated as the failure to act. Associated to this term is, failure to report, failure to intervene, and legal duty. There are two approaches regarding omission. The two approaches are "Good Samaritan" doctrine and "American Bystander Rule" and each of these two approaches have either legal or no legal duty to become involved. Define each of these criminal law key terms and provide examples that support their respective relevance to criminal omission. Generally discuss these terms to make for better understanding. Which of the two do you support -- defend your reasoning and identify the negative and positives of each. (Answer the question using the textbook and supplement the response by citing outside sources (the web) to expand the textbook information).
3. Criminal omission is where one is supposed to act because of their legal duty, but they do

Related Documents

  • Decent Essays

    Since the sisters were unaware there were still items of value in the house when it was sold, it was determined that the found cash could be categorized as mislaid…

    • 414 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Summary: Jim, who lives in Detroit Michigan, had a few drinks at a local bar but was not intoxicated. Before he left he asked the bartender for a drink of water, who in error gave him a 6oz cup of 40% Vodka. Jim drank it quickly noticing the strength of the liquid but figured it was his imagination as he had requested water. The Vodka went straight to his head and he became intoxicated, causing him to lose control of his car which jumped a curb and killed two people. Jim was arrested and put on trial under Michigan’s “causing death while operating a motor vehicle while intoxicated” statute which carries a 15 year prison sentence.…

    • 1559 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    Ryan Smith12/12/17Forensics Final Project Part 1 Task 1) What is the nature of the alleged crime, and how does the nature of the crime influence a prospective investigation? The Nature of the alleged crime is unauthorized access to 3 photos that belong to Brendan Oliver. The photos were stolen and are being sold without Mr. Oliver’s consent. The nature of the crime influences a prospective investigation because the photos contained some sensitive nature.…

    • 711 Words
    • 3 Pages
    Great Essays
  • Improved Essays

    The criminal justice system often is examined using political, organizational, or sociological approaches [or lenses] (Pollock, 2010). Asking [simply] whether something is legal [or illegal]…is not necessarily the same question as asking whether something is right [or wrong] (Pollock, 2010). The term “ethics” or “ethical” refers to something “being in accordance with the accepted principles of right and wrong that govern the conduct of a profession.” In the case of police officers, use of discretion, or a lack thereof, in the application of force has direct ethical consequences to which the objectivity of the police officer on scene is subjugated by the subjectivity of a review board after the fact. Actors at every stage in the justice process…

    • 825 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Personal Declaration of Independence from those with Sticky Fingers. Goodbye to anyone that this apply to, as what proceeds will inform you why I never want you back in my life. The ones to whom this applies to are the people who do not get permission or think about the legality of the actions of which they were about to do most of the things that are about to proceed are all helped with and proven through a legal standpoint by the fourth amendment of the U.S. Constitution.…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Biological Positivism Case Study

    • 2092 Words
    • 9 Pages
    • 10 Works Cited

    Biological Positivism has both its strengths and weaknesses, it changed the way of criminological ideas and opened up new theories that were based on scientific facts rather than philosophical ideas like in Classicism.…

    • 2092 Words
    • 9 Pages
    • 10 Works Cited
    Great Essays
  • Improved Essays

    The agenda of the manifest objective is to “reduce crime by imposing legal control and social order” (129). This is present when examining statistics and policy implications because they had a direct impact on the increase of incarceration rates and the level of criminalization of certain offenses. Thus far, this objective has not been successful because, “if [imposing legal control and social order was successful] crime and fear of crime would drop” (129). For example, when examining the War on Drugs, it is evident that though legal control and social order are imposed, people continue to commit drug crimes. Overall, the manifest objective argues that individuals do not commit crimes because they fear the consequences of their…

    • 1005 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    To have a possession is to have control or ownership of something whether it be a materialistic or non-materialistic item. Personal possessions allows us to have a sense of control over something in uncontrollable situations, even when we do not have control of ourselves. In the shorty story, “The Things They Carried”, the author Tim O’Brien used detailed imagery to show how personal possessions, physical objects, reflects the internal objects they desperately try to hold on to. O’Brien describes some of the things his comrades carried stating, “Kiowa, a devoted Baptist carried an illustrated New Testament that had been presented to him by his father, who taught Sunday school in Oklahoma City, Oklahoma” (323), showing that Kiowa’s bible was…

    • 1314 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Drug Paraphernalia Florida Statute 893.145 The Fort Lauderdale Defense Lawyer Bradford Cohen has experience in criminal cases of Drug Paraphernalia. You can be criminally charged with possessing syringes, rolling papers, pipes, bongs, straws, or anything else used to ingest or assist in ingesting illegal narcotics. There is a wide use of discretion when it comes to getting charged with this crime. Usually it is charged along with a criminal charge of possession of drugs or narcotics, but it does not have to be charged in such a manner.…

    • 1349 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The classical school of thought is based on the idea that people are free to make decisions, and that punishment can be a deterrent to crime, the punishment is proportionate, fits the crime, and are expeditiously. The theory that participates in the classical school of criminology is that "criminals make the rational choice and choose to commit criminal acts because of the maximum pleasure and minimum pain," (Classical, 2012). Theorist went further to explain that to discourage and lessen crime, and the severity of certain penalties must be proportionate to the crime committed and not more than what is necessary in order to deter the offender and others from committing more crimes (Classical, 2010). This theoretical framework and thought constitute the classical school of criminology.…

    • 1071 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Essay On Tort Law

    • 706 Words
    • 3 Pages

    Negligence is conduct by an individual that drops below a reasonable standard of care and causes harm to another person. An individual has a duty to act reasonably when interacting with others. When that individual fails to act reasonably and thereby causes harm to others. When that individual fails to act reasonably and thereby causes harm to others, that individual is…

    • 706 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The definition of Intention and how it can be found in the courts has continually been refined over the years in order to stay relevant to our progressing society and remain fit for purpose. Definition The law recognizes two types of intention: Direct intention and Indirect intention, also known as Oblique intention. Direct and indirect intention definitions offer simplification on what intention entails and how the courts can distinguish it from recklessness or negligence. Direct intention is the easiest type to identify as it is what D desires to do.…

    • 1897 Words
    • 8 Pages
    Improved Essays
  • Superior Essays

    In this essay I will reflect on the few assumptions and understandings I had about crime and see how they have changed. Upon arriving at De Montfort University to study Criminology and Criminal Justice, I had average knowledge about crime and punishment i.e. insight into biological and psychological perspectives of crime having studied A-level Law and Psychology beforehand. However I did expect to delve so deep into the history and other aspects of Criminology during this first semester. During A-level Law I have read many case studies of murder, manslaughter, GBH, rape etc. I found the main reasons behind committing these crimes were usually motives for revenge, loss of control, hate, rage, and biological inheritance of 'criminal genes ' such as Monoamine oxidase A which makes individuals more prone to exert violence.…

    • 1262 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Sermonfils E Dor 1.Describe and distinguish among the three approaches to studying criminal justice systems by taking an international perspective. Comparative criminal justice is a subfield of the study of criminal justice that relates different justice system from around the world. There are three different ways of studying criminal justice systems. Each of these approaches encounter various beliefs of different societies. The criminal justice systems have changed and transformed over time.…

    • 1067 Words
    • 5 Pages
    Improved Essays