A crime that recently happened was the Marrisa Alexander case. A mother of 3 sentence to 20 years in prison for firing a warning shot at her abusive husband. Can we use rational choice theory to state that Marrisa Alexander, was a delinquent who committed this crime with all understanding of the law and knowledge of penalty? Physical and verbal abuse can blur the line for a victim that rational thinking may sometimes become and irrational. We will review if Ms. Alexander case, to better understand was this crime committed by a criminal or someone under duress, was rationality used during this incident, and was all preventive measures taken to prevent this crime or was this a case where the law provided no justice for the victim.
Marrisa
…show more content…
This law state that a person may use deadly force in self-defense without a duty to retreat when faced with a reasonable perceived threat. Ms. Alexander was living with her mother at the time of incident. She had just given birth to her 3rd child 9 days ago. Ms. Alexander recently acquired a restraining order against her husband which he violated by showing up at her mother’s house and attempted to corner her in the bathroom. Ms. Alexander pushed passed him and went to her car and got her gun which she was license to carry. She came back into the house and ask her husband to leave several time and he would not. She shot her gun one time as a warning shot. When Gray (her estranged husband) called 911, Ms. Alexander was arrested. Her motion for “stand your ground” was rejected by a judge. In August 2011, a judge rejected a motion by Alexander's attorney to grant her immunity under the "Stand your Ground" law. According to the judge's order, "there is insufficient evidence that the Defendant reasonably believed deadly force was needed to prevent death or great bodily harm to herself," and that the fact that she came back into the home, instead of leaving out the front or back door "is …show more content…
She was educated having earned a bachelor’s degree, further working and taking care of her children. Yet behind this happy person was a victim of abuse both physically and emotionally by her husband. She took all necessary steps to protect herself by using the law to her advantage, this is why she filed a restraining order. Yet research shows these orders do not stop a criminal from attacking the victim again. Ms. Alexander decided to get a gun which was registered to her in order to protect herself from her abuser which was her lawful right. After further review of this case we see that Mr. Rico Gray (the estranged husband) was the criminal and not Ms. Alexander. In the moment of the incident, I do not believe that Ms. Alexander acted rational or was logic but acted out of fear and weariness. Her actions where the result of wanting to survive and she this is a classic case of someone who has been abused fighting back. People who are exposed to domestic violence often experience physical, mental or spiritual shifts that can endure and worsen if they are not
A seemingly uncorrelated death of a child becomes an attack on two businesses that brought forth unwanted attention. It reveals how corporations can truly neglect their surroundings and the safety of citizens without remorse. In the quaint town of Woburn, Massachusetts, the death of Anne Anderson’s son due to leukemia quickly transformed from a personal tragedy to an extensive lawsuit. Anne Anderson approached Jan Schlichtmann, a personal injury lawyer, to tackle the case. From the beginning, Anne makes it clear that she does not want money, she simply wants an apology.
The case of Tammy Lou Fontenot v. Taser International, Inc. was about a wrongful death case named Darryl Tuner, a 17-year-old male employed by a grocery store. Darryl was fired for “insubordination” and refused to leave the grocery store. Police were called, and eventually used a Taser in order to take him into custody. Turner died as a result of the Taser being delivered to Turner’s body. Tammy Lou Fontenot filed suit against the City of Charlotte and Taser International seeking money damages for the alleged wrongful death of Darryl Turner.
This case was tried by jury, they found for the plaintiff and awarded $10 million in damages. Taser filed posttrial motions
In 2005 Florida passed the country 's first titular Stand Your Ground (SYG) law. In only nine years after the SYG law had been passed in over twenty-three states, changing the lawful scene of self-protection. SYG law states that one has the right to use deadly force when his life, properties, family and home are in danger. Generally, the law means that one can shoot first and then ask questions. The Florida legislators, who passed the nation 's first SYG law, use every available opportunity to tell the story of James Workman, “an old man from Pensacola, FL. who shot an intruder who tried to loot his hurricane-destroyed home” (Montgomery, 2012).
Even in a persistent vegetative state a person still has fundamental rights under the state and federal constitution to refuse or direct the withdrawal of death prolonging procedures. The hospital fear of removing the feeding tube is justified under most state laws. Only in a few states it has been legalized for physician-assisted suicide. That is they allow doctors to assists patients to end their lives if the patient are to ill to do it by themself. In other states, doctors who assist their dying patient end their life of excoriating pain and suffering could be charged with murder.
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case.
Sarah Root, 21 years old died on Sunday, January 31st, 2016 in a vehicle wreck in Omaha, Nebraska. Root was driving a 2002 Oldsmobile Bravada east on L Street when her vehicle was struck from behind by an 2000 Chevrolet pickup truck driven by Eswin G. Mejia,19 years old. Root’s SUV was stopped or slowing down when it was rear-ended, police said. Mejia, who doesn’t have a valid driver’s license was treated at the Nebraska Medical Center for a leg injury and was caught on the suspicion of driving under the influence. Thursday, February 4th, Mejia was accused of felony motor vehicle homicide while driving under the influence and faces 20 years in prison if convicted.
How a juvenile is adjudicated in a federal court can be different from that of a state court. For a juvenile to be adjudicated by a federal court, it must be an act of a violent felony, drug trafficking, importation offense, or a firearms offense (18 U.S.C. § 5032). The act must be a federal criminal violation committed before the age of 18 (18 U.S.C.A. §§ 5031-42). A United States Attorney must prove jurisdiction by certifying that the juvenile case can be heard in a federal court or refer to a state court (28 C.F.R. 0.57). A juvenile must be tried in a federal court within 30 days (18 U.S.C. § 5036).
I ask you what is self defense when the man she murdered laided defenseless and unconscious on his bed? The defendant is only claiming that she acted in self defense to get away with the cold-blooded murder of the man she claimed to love. The defense during this case tried to convince you that Mrs. Stephens was a helpless abused wife. Let me ask you, is Mrs. Stephens helpless when she was able fire a gun and put three bullet holes in her husband? And how is she helpless when she was given many opportunities to escape from her husband for her safety and her children’s safety?
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
Profile Samantha James is a white 13yr old Female currently in the 7th grade with above average intelligence. She was born to a single, active duty mother. Her biological father was severing in the military in a foreign country and until she was four she had no contact with him. She was abused repeatedly for six months, by the man that her mother was dating, when she was two years old while her mother was at sea as a navy cook. She was removed from the home and placed in foster care.
In June of 2013 Aaron Hernandez, formerly of the New England Patriots, was taken into custody after he had been charged with the murder of his friend Odin Lloyd. This case has been front-page news for nearly two years now and it has finally come to a conclusion. On Wednesday, April 15th, 2015, Hernandez was found guilty of first-degree murder and sentenced to life in prison without the possibility of parole. Three criminological theories that could explain why Hernandez committed this crime are the Rational Choice, Containment, and Sutherland’s Differential Association Theory. The first theory that could provide an explanation behind why Aaron Hernandez committed this murder is the Rational Choice Theory.
wants her trust back so that he can break it again. During the apology he pretends as though his actions were not really out of control and that they did not really hurt her physically or emotionally. He also over exaggerates his expression of how much he loves her and promises never to hurt her again. Walker illustrates this phase perfectly describing the abuser as a “little boy who has done something wrong, the child caught with his hand in the cookie jar. Confessing when caught and cries for forgiveness” (Walker, 65).
Why do people commit crimes? What goes through their minds before they actually commit a crime? These are questions asked from society to criminologist every time one decides they want to commit a crime. Criminologists has given us different crime causations, theories, to explain the answer to these questions. A theory is a speculation about how phenomena, behavior, or process are caused and what takes place after the cause is determined (Anderson, 2015).
Situational crime prevention (SCP) and rational choice theory (RCT), together, provide an insightful explanation as to why people commit crimes and what can be done to deter them. Much of the work done in RCT and SCP was founded by Derek Cornish and Ronald V. Clarke, who wanted to understand the decision-making process of potential offenders and focus on the spatial and situational factors that make such crime possible (Farrell and Hodgkinson, 2015). This paper aims to explore SCP and its relationship to RCT, as well as analyze the works of Keith Hayward and Graham Farrell in their discussion of these ideas. This paper has four objectives: first, the paper will discuss SCP and RCT and explain the link between the two concepts. Second, this paper will examine Hayward 's discussion of RCT, SCP, and cultural criminology.