Unit III Assessment Essays Judicial Pro

Topics: Crime, Criminal law, Insanity defense Pages: 2 (551 words) Published: January 9, 2015
Unit III Assessment Essays Done Over & better
Essay #1:
There are many defenses to criminal conduct. Self defense is when the defendant admits to committing the act but proves they did it because he or she life was in danger. Secondly, you have automatism and/or insanity. In this defense, the defendant does not get criminally punished because of mens rea, like sleep walking. Also, insanity defense is when you do not know the difference between right or wrong because of mental disease or defect. They do not understand the exigent of the crime. When someone is under the influence they use intoxication defense, when they are not fully capable when the crime was committed due to drugs/alcohol. The entrapment defense occurs often. An example of this would be when a police officer induces you to commit a crime so that they can make an arrest. They can trick your mind into saying something or aggravate you enough to commit a crime against them, etc. A good example would be when female police officers act like a prostitute to get men to commit a sexual crime. It is almost like fishing. A fifth defense to criminal conduct would be that showing that you were not where the crime took place and that you have an alibi.

Two cases that are relevant to affirmative defense would be Moran v. Ohio. A woman was convicted of murder and she tried to claim self defense due to her husband beating her. The second case is Sherman v. United States. Sherman was working with federal agents who was a former drug addict and was repeatedly solicited for drug sales. References:

Champion, D., Hartley, R., & Rabe, G. (2012). The Prosecution. In Criminal Courts: Structure, Process and Issues (Third ed., pp. 20-22). Upper Saddle River: Prentice Hall. FindLaw | Cases and Codes. (n.d.). Retrieved November 15, 2014, from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=469&invol=948 Sherman v. United States 356 U.S. 369 (1958). (n.d.). Retrieved November 15, 2014, from...

References: Champion, D., Hartley, R., & Rabe, G. (2012). The Prosecution. In Criminal Courts: Structure, Process and Issues (Third ed., pp. 20-22). Upper Saddle River: Prentice Hall.
FindLaw | Cases and Codes. (n.d.). Retrieved November 15, 2014, from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=469&invol=948
Sherman v. United States 356 U.S. 369 (1958). (n.d.). Retrieved November 15, 2014, from http://supreme.justia.com/cases/federal/us/356/369/
Essay #2:
One who has immense influence over trial outcomes holds a lot of power. When one holds power there could be produced judicial misconduct. One form of judicial misconduct is when a judge exhibits prejudice in the proceedings showing favoritism to either one side or the other. Another form is when a judge deliberately increases or lessens the sentence imposed. One of the worst forms of misconduct is when a judge accepts bribes. Bribes can come in all types of way, money, favors, etc. All of these misconducts are very hard to detect and prove. That is why this problem is ongoing issue.
There are ways to remove judges from office. There are commissions set in place, different in every state and they oversee judicial misconduct. Sadly, the system is always in favor of the judge, even if they are guilty. This is why the problem will constantly occur. Judges may be impeached by the house of delegates and removed by a two thirds vote of the senate. There are three ways a judge can be removed from office either impeachment, recall elections or to simply resign.
Reference:
Champion, D., Hartley, R., & Rabe, G. (2012). The Prosecution. In Criminal Courts: Structure, Process and Issues (Third ed., pp. 108-114). Upper Saddle River: Prentice Hall.
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