Community Service and Robbery Capstone Project

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Criminal Procedure Law

This document outlines the proposed criminal justice system. Its aim is to prevent and control crime and criminal acts through punitive measures and penalties to those who violate the set laws. The paper is a suggested criminal justice system for a national jurisdiction, at the federal level. The jurisdiction has a population of about one million people who are equally dispersed in the urban cities and rural areas of the nation. The social and economic status of the residents in this jurisdiction ranges from the very poor to the very rich. The country has its fair share of illegal immigrants and the criminal acts perpetrated in the country do compare throughout all the regions of the country.

Murder/Manslaughter

Murder

Murder is the termination of the life of a human being. The life of a human being starts at the point of conception. Murder is an act committed willingly either with the intent to kill, or the termination of life of the victim.

A person is guilty of murder if he/she;

i. Knowingly or intentionally causes the death of a person

ii. Purposes to carry out an act to cause serious bodily harm and perpetuates an act that is obviously dangerous to the life of a person and results to death of the person iii. Attempt to or perpetuates a felony, that isn't manslaughter, and in the event of perpetuation, or in furtherance to the attempt, or in flight immediately after perpetuation or attempt, an act is committed that obviously is dangerous to the life of a person and results to the death of the person (Adlerstein, 249).

In accordance to this law, within this territorial jurisdiction, a person who is convicted of the crime of murder is liable to punishment by life imprisonment and hard labor.

Manslaughter

Manslaughter is the termination of the life of a human being that is the result of a non-malicious act. Manslaughter is of two types;

Intentional -- this is the death of a person through an act that was intended to cause death and it is committed in an uncontrolled manner. This type includes acts that are committed in the absence of the necessary caution.

Unintentional -- this is the death of a person that is as a result of an act that was not intentioned to cause death. Acts that fall into this type include acts in self-defense and in an accident or incidence where the victim didn't owe the perpetuator the responsibility of care (Miller, 665).

A person if guilt of the crime of manslaughter if he or she;

i. Causes the death of a human being through recklessness

Under this section, an offense is a felony of the second degree. A person found guilty of the crime of intentional manslaughter is liable for punishment by life imprisonment, or imprisonment for a period of time not less than ten years.

For a person found guilty of unintentional manslaughter, the punishment is community service for a period of time not less than five months and not exceeding twelve months (Wechsler, 469).

For this section:

A human being or a person is a living being and the life of this being is considered to initiate at the point of conception, which is typically after the fusion of the egg and the sperm in the womb of a woman.

Death or termination of life is the depravation, cessation, or prevention to access to the elements and processes that support life among them, food and the necessary environmental requirements for children under the age of three months, and medical provision for example, inhaler for asthmatic persons.

Robbery

Robbery is dispossession of another person of his or her possessions, including property, without his or her prior permission either in the short-term or in the long-term, by means of force or fear (Wechsler, 1427).

Within this jurisdiction, a person is guilty of the robbery if; in the course of theft, and with the intention to deposes, and maintain control of a person's their property, she or he:

i. Purposefully, knowingly, or unintentionally causes physical body harm to the victim

ii. Purposefully or knowingly uses threats or predisposes the victim to fear of imminent physical body injury or death.

A crime or offence in this category is a felony of second degree.

Within this jurisdiction, a person is guilty of aggravated robbery if; in the course of committing a robbery he or she;

i. Carries out physical bodily injury that is life threatening to the victim

ii. Shows or uses a deadly weapon iii. Induces physical body harm to the victim or uses threats, or causes fear by talking of probable body harm or death to a person who is;

a.

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The age of 70 years and above

b. A disabled person (Bubany, 292).

A crime or an offense under this category is first degree felony.

Within this jurisdiction, the person convicted is liable to punitive measures as follows;

A person convicted of robbery is first to return all the stolen property or a sum of money equal to the total value of the stolen property, cover for the damages that were incurred through the loss of the property as well as the costs for the case, pay a fine not exceeding 35% of the total value of the stolen property, and serve a jail term not exceeding five years.

A person found guilty and convicted or the crime of aggravated robbery is to return all the stolen property or pay a sum equal to the total value of the stolen property, cover for damages that might have been incurred because of the theft and cover for the proceedings costs, pay a fine not exceeding 35% of the stolen property, serve a jail term that is not less than five years and not more than ten years. If in the case of aggravated robbery, a person lost his or her life, the punitive measures for murder/manslaughter are to be instituted in addition to those of aggravated robbery.

For this section:

Property is defined as any tangible or intangible possession owned by a person which includes land, anything that can be severed from land, a document which is a representation of a or embodies a valuable thing, and money.

Force is and includes the causation of serious or life threatening body harm to a robbery victim, the display and or use of a deadly weapon, use of threats to a robbery victim or placing a robbery victim or a close relative of the robbery victim or a close-by third party in fear of imminent body harm or death, or a person who is more than 70 years old or a disabled person (Bubany, 292). Any robbery that involves use of force is to be treated as aggravated robbery.

Disability is a physical condition of the body that makes a person unable to protect his or her self from possible or imminent harm and it include physical, mental, and development. A young child is therefore included in this category through developmental disability.

Fear is to include the use of threats or promise of an unlawful infliction of body injury to a robbery victim, to the property being or stolen, to a person who is a close or distance family relative of the robbery victim, to a third-party person in the immediate vicinity with the victim at the time of the robbery.

Assault

Assault is the perpetuation of an illegal act knowingly, intentionally, or recklessly so as to cause or the outcome is body harm to another person including third-party persons related to the intended victim including spouse and or children. It is also an intention to or to knowingly try to or threaten to cause body harm to a person, the spouse of a person, or the children of person. Assault is also to intentionally and or knowingly make physical body contact, or attempt to make physical body contact when the perpetuator is aware, knows, or has reason to believe that the victim with perceive or understand it as being offensive or provocative.

For a person with government authority, and in official duty "covered person," assault is deliberate and intentional prevention, barring, or inhibition of the covered person from carrying out his or her assigned duty or role within his or her operational mandate by use of a deadly weapon, infliction of physical injury, or threatening the covered person, the souse of the covered person, or child or children of the covered person, or a person in the same place with the covered person, for the case of covered persons, the crime of assault is to be considered complete regardless of whether the perpetrator was successful or not. To this effect, the crime of assault is to and shall include pointing a gun, threatening by use of a knife or any other dangerous weapon or would-be weapon item, or the perpetrator makes contact through wounding or beating the covered person or any other persons earlier mentioned.

A person….....

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