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Unit 3 Essay
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Unit 3 Essay
Crimes are Statutory Offenses
The phrase “crimes are statutory offenses” demonstrate that an act that violated a criminal statute, prove beyond the doubt in acts commitment, and prove the capacity for the purpose to form criminal intent. Further, a particular behavior is not a crime until it is considered so by the court or legislation (Mallor, et al, 2012). Based on my thinking, I think that there are acts and crimes written by states and covered by statues.
Criminal Intent
It is a category of the Mens Rea which is the foundation for the establishment of guilt in the criminal case. Many types of criminal intent are there which could be determined in cases from premeditated acts the other impulsive acts (Weihofen, 1989).
Constitutional Safeguard
The 5th amendment titled "guarantee basic procedural and substantive fairness to criminal defendants”. It is an initial procedure to indicate one that follows Miranda rights. In case your Miranda rights are violated then it may impact the result of the trial and can be throughout (Blitz, 2005). This also works and protects the person from testimonial self-incrimination while the Double Jeopardy clause is the most crucial part of this amendment.
Prosecuted a Person Twice for Same Act
When it comes to the Double Jeopardy clause made by the supreme court in the year 1969 that applies to both the states and the federal government, no single person can be prosecuted twice for one or the same act (Blitz, 2005). It cannot be done so because it is not allowed by the Double Jeopardy clause when it has been established.
RICO
By definition and actual meaning, RICO (Racketeer Influenced and Corrupted Organization Act) is a federal or federal level law that is established for the purpose to combat organized crimes in the state of America. RICO allows the civil penalties and prosecution for the purpose of racketeer activity that is performed as a part of a continuous criminal or crime enterprise (Mallor, et al, 2012).
References
Blitz, M. J. (2005). Constitutional Safeguards for Silent Experiments in Living: Libraries, the Right to Read, and a First Amendment Theory for an Unaccompanied Right to Recieve Information. UMKC L. Rev., 74, 799.
Mallor, J., Barnes, A. J., Bowers, L. T., & Langvardt, A. (2012). Business law. McGraw-Hill Higher Education.
Weihofen, H. (1989). Partial Insanity and Criminal Intent. Ill. L. Rev., 24, 505.
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