StudentShare solutions
Triangle menu

Criminal Law - Case Study Example

Not dowloaded yet

Extract of sample
Criminal Law

According to the Attorney General, there were three prior crimes of violence. Two of the crimes alleged to be violent are undisputed. The third is based upon Smith's failure to report to an Illinois state penitentiary as required after being convicted of robbery and aggravated battery. The position of the Attorney General is that this failure to appear at the penitentiary constitutes a violent felony under Illinois state law and as a result is seeking a sentence of 188 months pursuant to 18 U.S.C. SEC 924(e).
To be considered a "violent felony" for enhanced sentencing, the offense must first be a "crime punishable by a term of imprisonment exceeding one year," or constitute an act of juvenile delinquency involving the carrying or use of a firearm, knife, or destructive device that would be punishable by a term of imprisonment exceeding 1 year if committed by an adult. 18 U.S.C.A. 924(e)(2)(B), However, 18 U.S.C.A. 921(a)(20) limits the definition of a "crime punishable by imprisonment for a term exceeding one year" by excluding convictions for certain categories of crime, prohibiting the use of particular convictions not considered felonies under state law, and excluding convictions altered by selected state action.
Specifically, 18 U.S.C.A. ...
921(a)(20) provides that certain crimes, including offenses pertaining to antitrust violations, restraint of trade, and other unfair business practices, as well as state offenses labeled misdemeanors and punishable by a term of imprisonment of 2 years or less, are excluded from those "crimes punishable by imprisonment for a term exceeding one year." As applied to this client, the statute also provides that what constitutes a crime punishable by imprisonment for a term exceeding 1 year will be determined by the law of the jurisdiction in which the proceedings were held and that certain convictions--namely those which have been set aside or expunged, instances where a pardon has been issued, or where civil rights have been restored--will not be considered convictions for the purpose of sentence enhancement under 18 U.S.C.A. 924(e)(1) unless these enumerated actions affecting the particular convictions expressly limit the right to ship, transport, possess, or receive firearms. Id.
Under 18 U.S.C. 924(e), the Armed Career Criminal Act (the "ACCA"), a person who violates 922(g) and who has three previous convictions for a "violent felony," a serious drug offense, or both, is an armed career criminal and subject to imprisonment for a period of not less than fifteen years. Under the ACCA, the term "violent felony" means any crime punishable by imprisonment for a term exceeding one year that has an element of physical force or "presents a serious potential risk of physical injury to another." 18 U.S.C. 924(e)(2)(B); United States v. Rainey, 362 F.3d 733, 734 (11th Cir.2004). In determining whether a particular offense falls within this definition, the Supreme Court has directed trial courts to pursue a categorical approach, 'looking only to the statutory definitions ...Show more

Summary

Yes, Illinois defines felonious escape not only as "intentionally escaping from a penal institution or from the custody of an employee of that institution" but also as "knowingly failing to report to a penal institution or to report for periodic imprisonment at any time." 720 ILCS 5/31-6(a)…
Author : josie19
Criminal Law essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Criminal Law"
with a personal 20% discount.
Grab the best paper

Related Essays

Criminal Law
She packs her bags and goes. Not knowing what to do, Alan picks up a hunting rifle and goes in search of Clive. He looks through the pub window and sees both Betty and Clive together. Whilst taking aim at Clive with the rifle, Dennis, an old friend from the pub, staggers over Alan and gives him a hard slap on the back.
7 pages (1750 words) Case Study
Criminal Law: case study
Under the spell of rage and anger, he punched peter who collapsed, was struck with the corner of a cabinet and had ultimately died, before the medical aids arrived. There are two ways to look at whole scenario, from legal perspective. In this scenario there are two offenders.
9 pages (2250 words) Case Study
Criminal Law Master Case Study
'(Rahee,(1866)Unrep Cr C6)' The fact that the death of a human being is caused is not enough. Actus reus and Mens Rea both should be proved by the prosecution. "The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind.
8 pages (2000 words) Case Study
Criminal law: liability for manslaughter
This results in Fern falling to the pavement and hitting her head, causing an injury from which she dies 2 weeks later. In this paper I will identify the type of offences applicable to both cases; at the same time I will define what the offences are, and explain them with respected to the law, while indicating how the law applies in this case.
6 pages (1500 words) Case Study
LL1014C CRIMINAL LAW I
This answer first deals with Alan, then Ed & Doctor Fiona. It will finally envisage Alan's criminal liability for Clive & Betty's death. In order to establish liability it need to discuss actus reus, mens rea and defences. Alan may be charged under murder or manslaughter.
8 pages (2000 words) Case Study
Criminal Law: problem analysis
Gabrielle and her personal trainer, Carl may be liable for conspiracy. At common law the offence of conspiracy was committed where two of more persons agreed 'to do an unlawful act, or to do a lawful act by unlawful means' [Mulcahy 1]. The offence of statutory conspiracy is defined in s 1 of the Criminal Law Act 1981.
8 pages (2000 words) Case Study
Criminal Law Degree Case Study
(b) Richard should plead the "necessity" defence as a general defence to almost all criminal charges however case law has often shown that the court will decide whether the defendant is worthy of such an exclusion on a case by case basis. The case for this scenario is R v.
4 pages (1000 words) Case Study
Problem essay - law - criminal law
In order to answer this question it is necessary to discuss Kirby J's view with reference to the scope of liability under principles of common purpose and the group or collective dimension of criminal activity have to the formulation of principles of liability.
8 pages (2000 words) Case Study
Criminal law problem question
The most common definition of the actus reus in murder is provided by Edward Coke, who states - "When a man of sound memory and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's Peace, .
6 pages (1500 words) Case Study
Criminal Law
For the last 6 months, Peeta and Shami have had a number of violent arguments. Due to the recession, Peeta has been informed by Shiraab Plc. that he may be made redundant. Consequently, Peeta has been under a great deal of stress and has turned to heavy drinking. He now suffers from chronic alcoholism.
7 pages (1750 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation