Cja Week 3

Topics: Criminal law, Arraignment, Crime Pages: 1 (400 words) Published: March 13, 2013
A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act, mens rea is a guilty mind, and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye, he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum sentence of up to four years when arrested three times for driving on a revoked license. The prosecutor sent Frye's counsel a letter that offered two possible plea bargains. If he was to plea guilty the charge could be reduced to a misdemeanor and they would recommend a ninety day sentence. Those offers had expired because counsel didn't convey them to Frye. Approximately one week before the preliminary hearing Frye was arrested again for driving with a revoked license. He subsequently plead guilty with no underlying plea agreement and was sentenced to three years in prison. The guilty act (Actus reus) was that Frye was driving with a revoked license and the mens rea (guilty mind) was that had committed this same crime and knew that he had a revoked license. By law you are not permitted to drive with a revoked or suspended license. Frye attempted post conviction and he argued that his counsel was ineffective because he was never made aware of the plea offers that we're presented by the prosecution before his last arrest. At first the court denied his motion, but the Missouri appellate court reversed it. It was stated that Frye met both of the requirements for showing a sixth amendment violation under Strickland v. Washington, 466 U.S. 668. The U.S. sixth amendment guarantees that a defendant has counsel present at all critical stages of the criminal procedure and plea bargaining is one. The sixth amendment right to effective assistance of counsel extends to the...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Week 3 CJA 394 Court Trends Essay
  • Essay about CJA
  • CJA 474 Week 3 DQs Essay
  • Week 3 Cja/374 Paper
  • Essay about Week 3 Individual Assignment
  • MAT540 Week 3 Homework Essay
  • Essay on quiz week 3

Become a StudyMode Member

Sign Up - It's Free