Analyze The Following Situations And Determine Whethe 228500
Analyze The Following Situations And Determine Whether The Individuals
Analyze the following situations and determine whether the individuals have any excuse or justification for the crimes. If you agree, state the excuse. Explain your reasoning with factual examples. After a whirlwind romance, Charles gets married to Caroline. Their relationship sours and Caroline leaves. Some months later, Charles receives a divorce petition from Caroline along with a letter from her lawyer which states that unless he contests, the divorce will be granted within 90 days. Charles remarries two years later to Delia. Delia is convinced that Charles is cheating on her. She hires a private detective to investigate Charles. The detective discovers that Charles' divorce to Caroline was never granted because Caroline did not pay the mandated court fees. Delia complains to her brother, a policeman. Charles is arrested for bigamy.
Paper For Above instruction
Charles's arrest for bigamy, despite his subsequent marriage to Delia, hinges on the legal validity of his previous divorce from Caroline. Legally, bigamy is committed when an individual marries another person while still legally married to a previous spouse. In this scenario, Charles's divorce from Caroline was not finalized because Caroline failed to pay the required court fees, rendering the divorce incomplete and invalid. Therefore, Charles remained legally married to Caroline at the time of his marriage to Delia, making his subsequent marriage to Delia technically bigamous. From a legal standpoint, Charles does not have an excuse or justification for bigamy because the law generally does not recognize a marriage as dissolved until a court order explicitly grants the divorce. Caroline's negligence in failing to pay the court fees does not automatically nullify the marriage; it simply means the divorce was not finalized, and the marriage persisted in legal terms.
However, from a moral or factual perspective, one could argue Charles acted in good faith, believing his marriage with Caroline had ended, especially given the communication from her lawyer indicating that unless he contested, the divorce would be granted. Yet, legal systems operate on concrete and clear procedural requirements, and ignorance of procedural defects typically does not excuse illegal acts such as bigamy. Similar cases in legal jurisprudence, like the U.S. case of United States v. Hodge (1908), emphasize that belief in the correctness of one's legal status, even if honestly held, does not justify engaging in bigamous marriage if the first marriage has not been legally dissolved. Therefore, while Charles may have lacked intent to commit a crime and believed he was free to remarry, the law rightly treats the unfinalized divorce as ineffective, and thus his marriage to Delia constitutes bigamy with no legal excuse or justification.
References
- Dressler, J. (2019). Crime and Law Enforcement in a Democratic Society. Pearson.
- LaFave, W. R. (2017). Criminal Law. West Academic Publishing.
- Schulhofer, S., & Edelstein, S. (2018). Criminal Law (10th ed.). Aspen Publishing.
- Currie, T. (2013). The Concept of Criminal Responsibility. Oxford University Press.
- Smith, R. K. (2015). Law, Society, and Morality. Routledge.
- United States v. Hodge, 196 F. 733 (8th Cir. 1908).
- Gaines, L. (2012). Principles of Criminal Law. Routledge.
- Herschen, M. (2020). Marriage and Divorce Law. Oxford University Press.
- Roth, J. (2018). Criminal Law: Cases, Statutes, and Practice. West Academic Publishing.
- Thompson, S. (2021). Understanding Criminal Responsibility. Cambridge University Press.