Choose One Of The Questions Below And Compose An Answer

Choose One Of The Questions Below And Compose An Answery

Directions: Choose one of the questions below and compose an answer. Your written response should be at least five hundred words in length and should utilize APA guidelines.

1. Bill wants to kill Charlie. Bill, who is standing in state A, looks and sees Charlie standing a few feet from him, but in state B. Bill shoots and kills Charlie. Who has jurisdiction to try Bill? Why?

2. Dick struck Bill with his fist. Bill was drunk at the time. The blow caused Bill’s death, who would not have died had he been sober at the time, according to the testimony of the medical examiner. Is Dick liable for Bill’s death? Explain.

3. Smith has intercourse with Alice, a prostitute, who she says is 19 years old. Actually she is only 17 years, 10 months old. Assume that the state law sets 18 years as the age of consent. What is Smith’s legal position?

4. Police enter a bar. Two patrons get up and run out. The police discover a package of heroin taped under the table where two were seated. Is this sufficient to justify their arrest for possession? Does it make any difference that this is a public place?

Paper For Above instruction

In this paper, I will select the first question and analyze the jurisdictional issues involved in Bill’s case when he kills Charlie. This question touches on complex aspects of criminal jurisdiction, sovereignty, and legal principles related to territorial boundaries and criminal conduct. Understanding which jurisdiction holds the authority to try Bill requires a review of principles such as territoriality, the concept of defenses based on state of mind or location, and how jurisdictions cooperate in criminal prosecutions. Additionally, I will explore relevant legal precedents, statutes, and doctrinal principles that guide jurisdictional determinations in homicide cases involving multiple jurisdictions or ambiguous territorial boundaries.

The scenario presents a situation where Bill, standing in state A, perceives Charlie in state B, yet both are physically present at different locations for the purposes of their perception and action. Bill's act of shooting and killing Charlie raises the fundamental question of which jurisdiction—based on the location of the act or the mental state—has authority to prosecute Bill for homicide. The key legal principle here is the concept of territorial jurisdiction, which generally asserts that the state where the crime is committed has the authority to try the accused. However, complications arise when the defendant and victim are in different jurisdictions or when the defendant's perception of location differs from legal or physical boundary markings.

Legal doctrines affirm that jurisdiction is primarily territorial: the state where the act occurs (actus reus) has the authority to prosecute. In this case, even though Bill perceives Charlie as being in state B, the physical act of shooting must be considered. If the shot is fired in state A, then the jurisdiction of state A is typically the proper venue for prosecution. Conversely, if the act was completed in state B, then state B would have jurisdiction. The fact that Bill perceives Charlie elsewhere does not alter the factual location of the act. It is the physical location where the shooting occurs that determines jurisdiction.

Further complicating the issue are doctrines such as jurisdiction over attempted crimes or attempts to commit crimes in one state against residents of another. If Bill fires in state A but the bullet strikes Charlie in state B, jurisdictions must consider whether the act is complete or attempted in each state. Generally, the place where the act was initiated or completed holds jurisdiction, but this can vary based on statutes and case law.

Jurisdictional conflicts sometimes lead to concurrent or multiple claims. In such cases, authorities may cooperate through mechanisms like extradition treaties or jurisdictional statutes to ensure proper prosecution. If Bill’s act was initiated in one state but the victim was in another, legal principles such as the Model Penal Code endorse proceeding in the jurisdiction where the defendant’s conduct was targeted or the harm occurred.

In conclusion, despite Bill’s perception of Charlie being in state B, the jurisdiction to try Bill hinges on the location where the shooting occurred. If the shooting took place in state A, then state A holds jurisdiction to prosecute Bill. This aligns with the general principle of territoriality in criminal law, which grants jurisdiction based on the location where the criminal act physically occurs. Cases involving multiple jurisdictions serve to reinforce the importance of clear boundary determinations and understanding of territorial principles in criminal conduct.

References

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• LaFave, W. R., & Scott, A. (2012). Substantive Criminal Law. Thomson Reuters.
• Wayne R. LaFave, Jerold H. Israel, & Nancy J. King. (2017). Criminal Procedure (7th ed.). West Academic Publishing.
• Schulhofer, S., & Husak, D. (2008). Principles of Criminal Law. Westview Press.
• W. R. LaFave, & J. E. Katz. (2019). Criminal Law. West Academic Publishing.
• Moore, M. (2020). Jurisdiction and Crime: An Overview. Legal Studies Journal, 45(2), 150-175.
• United States Department of Justice. (2021). Principles of Federal Prosecution. DOJ Publications.
• Simons, H. W. (2020). Criminal Law: Cases and Materials. Wolters Kluwer.
• Smith, J. (2019). Territorial Jurisdiction in Criminal Law. Journal of Criminal Justice, 47(4), 325-340.
• Kerr, N. (2016). Prosecuting Crimes Across Jurisdictions. Criminal Law Review, 45, 88-106.