On May 24, 1992, Ramon Flores was working at a gas station that was getting robbed and was shot and killed. The man charged with his murder was Michael R. Pulido. He was charged with first degree murder along the felony murder law. That law states that killing during the act of a felony, in this case a robbery, is automatically first degree murder. The way I have interpreted the facts of this case, the defendant was the one who pulled the trigger and point toward him as the killer. To come to this decision, the jury had to conclude that the defendant had intent to commit a felony, killed during the act of a dangerous felony, and that the victims death was a foreseeable outcome of the felony.…
First degree murder is defined by federal and state laws as a killing which is deliberate and premeditated. Many states define it as a killing committed in connection with felonies such as rape, burglary, arson or involving multiple deaths, the killing of certain types of people ( such as a child or police officer), or certain weapons particularly a gun[1]. First and second degree murder are distinguishable by the fact that second degree murder usually does not require premeditation. Under federal law each of the following elements must be met:…
Bernhard Goetz should NOT have been charged of assault and attempted murder because he turned himself in. In the text it states that On New Year’s Eve, a week after the shooting, Goetz turned himself in to the police in New Hampshire”. Goetz knew that he was innocent, so he turned himself in. Most people that have killed someone, are on the run like Brian Lynch, Craig Hendley and John Anslow. Bernhard Goetz had the decency to turn himself in. Even though he turned himself in, he also was being threatened.…
In this case, clearly, this was a complete attempt toward the commission of Murder as it relates to Bert. Jack has accomplished all of the steps toward murdering Bert; bringing a gun to the scene, approaching the car, and firing the gun in the direction of the Bert. His intent was clearly shown when he fired the shot that killed Pratt, for which he will be appropriately charged with murder. (West Law Corporation, 2010) But in the case of Bert, the gun jammed, and he was unable to finish the criminal act against Bert, and fled the location. He didn’t abandon his intent to kill Bert, which could possibly have been a…
1. What was Willingham charged with? What happened to Willingham? He was charged with arson and murder which he was later executed for.…
The second reason Billy should not have been charged with murder is because he didn’t mean to kill Claggart.…
In this case, William Furman committed a robbery of a private home. The resident of the home awoke to find Furman in his house. Furman tried to escape and while doing so, he tripped and fired his gun accidently, which killed the victim. He was taken to trial and found guilty of murder. Because the shooting occurred during the commission of a felony, Furman was eligible for the death penalty according to the felony murder rule. The rule of felony murder states that if an offender kills, with or without intention, during a dangerous crime, they are guilty of murder. Furman was sentenced to death but the case was taken to the Supreme Court before his punishment was carried out. The issue of the case was whether the death penalty should be considered cruel and unusual punishment. If it was considered cruel and unusual punishment, then it would also be in violation of the 8th and 14th Amendments.…
Richard Eugene Hickock and Perry Smith were found guilty of murder in the first degree and their punishment is death. "Can there be a single doubt in your minds regarding the guilt in your defendants? No! Regardless of who pulled the trigger on Richard Eugene Hickock's shotgun, both men are equally guilty... penalty-death." (303)…
“Gentleman of the jury, be merciful. For God’s sake, be merciful. He is innocent of all charges brought against him. But let us say he was not. Let us say for a moment he was not. What justice would there be to take this life? Justice gentleman? Why I would just as soon put a hog in the electric chair as this”. (Chap. 1, pg. 8) My analysis of this story weighs on multiple dynamics:…
In conclusion, second degree murder is classified as killing another with malice, but without premonition or deliberate planning. In other words, it involves killing someone intentionally and spontaneously; the killer didn’t plan it out in the past. It is true that Johnny hadn’t planned the killing of Bob Sheldon. In contrast, we know that Bob wasn’t the one about to kill Pony. Therefore, I believe that the murder of Bob may have been intentional, given the past history between these two…
The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. The U.S. Supreme Court developed the rule to discourage police from violating the Fourth Amendment right to be free from unreasonable searches and seizures. A lot of police feel as when they have their badge on there able to do anything and everything which isn't fair to the everyday citizen.…
The facts of the case are as follow; “on May 8, 1993, John Kilioi Miller stabbed to death Robyn Goring, whom he shared an apartment with along with their children. He was discovered by an officer who also lived in the same apartment complex. She had heard a loud noise which took her to the discovery of the horrible crime that had just took place. The minute the officer arrived Miller replied, “I lost it,” and at the same time apologizing for what he had done. She then observed the body of Goring which was lying on the kitchen floor with a knife in her body. It was later sought by the medical examiner that there where forty-two stab wounds in Goring. Miller gave a voluntary statement to police about the incident.”…
This paper will present the Exclusionary Rule and the original intentions for its enactment. It will discuss the importance of the rule and how it is a protection against an unlawful search and seizure and a violation of the rights provided by the Fourth Amendment. Also, this document will display the history of the Exclusionary Rule, with its first appearance in the case, Boyd v. United States in 1886. Weeks v. United States will show a better-established, stronger version of the exclusionary rule. Another expansion of the rule will be described by the Mapp v. Ohio case. In this paper, I will also state and describe the four primary exceptions to the exclusionary rule: Inevitable Discovery Doctrine, Valid Independent Source, Harmless Error, and the Good Faith Exception. I will subsequently describe the possible abuse of these exceptions and the complications with the exceptions. The document will examine statistical data regarding the exclusionary rule and conclude with my personal opinions regarding the exclusionary rule and its exceptions.…
The Fourth amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. The interpretation and execution of the Fourth amendment in the courtroom however, is decided by the Supreme Court in an attempt to find a fair balance between individual and community interests. The exclusionary rule for example, is a Supreme Court precedent that holds police departments responsible for seizing incriminating information according to constitutional specifications of due process, or the information will not be allowed as evidence in a criminal trial. The question that arises in turn, is whether the exclusionary rule has handcuffed the abilities to effectively protect the community by the police, or if it has actually resulted in a positive police reform which needs to be expanded upon.…
On all accounts, this crime is simply wrong and illegal. The morality and legality in "thou shall not kill" is a tenet that all citizens must abide, no matter the circumstances or personal beliefs of the individual. Though the situation of the men was tragic and stressful, a crime was committed and a man is dead. Brooks' life was deliberately taken by Dudley and Stephens, which signifies the punishable crime of murder. I recommend, pending a guilty…