Study Document
Criminal Law Scenario 1: Is It Considered Essay
Pages:2 (734 words)
Sources:1+
Subject:Law
Topic:Criminal Law
Document Type:Essay
Document:#88163600
Criminal Law
Scenario 1: Is it considered homicide when a person who knows he or she has HIV deliberately and knowingly infects another person who then dies as a result of contracting AIDS?
To answer this question there is a precedent for considering it murder / homicide, and that case happened in Canada. Ugandan-born Johnson Aziga was convicted of first degree murder for having "unprotected sex without telling 13 women," and two of those victims died of AIDS (Jonathan Turley).
Attorney Turley writes that there are twenty-one states that have laws on the books that make it criminal to knowingly infect another with HIV. In California, Turley points to statute #120291, which relates to infecting another person with HIV:
"Any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-
positive status, and acts with the specific intend to infest the other person with HIV,
is guilty of a felony punishable by imprisonment in the state prison for 3, 5, or 8 years."
Author Daniel E. Hall explains that according to federal criminal law, the intentional transmission of a disease (like HIV) can be criminal. "…Passing a disease to another, if intentional, is either attempted murder, if the disease is not passed to the victim, or murder, if the disease is successfully past, and causes the death of the victim" (Hall, 2011, p. 103).
If Barbie does not die, then presumably the statute #120291 (or a similar statute) comes into play, and the charges could be attempted murder. "Homicide" involves the killing of one human being by another human being. The "general intent" relates to the fact that the defendant in a murder trial "…places himself in a general state of mine to incur criminal liability," and while in that state of mine did indeed commit a criminal offense" (lectlaw.com). This is different than "specific intent" where it was clear that the person intended to kill someone.
Scenario 2: What is the most serious offense Lori can be convicted of?
She can possibly be…
Sample Source(s) Used
Works Cited
Hall, Daniel E. (2011). Criminal Law and Procedure. Independence, KY: Cengage Learning.
Laville, Sandra. (2010). Assisted suicide guidelines: family can still fact prosecution. The Guardian. Retrieved January 23, 2013, from http://www.guardian.co.uk.
Shouse Law Group. (2010). California Rape Law. Retrieved January 23, 2013, from http://www.shouselaw.com.
The Lectric Law Library. (2010). Intent, Specific & General / Criminal Liability Basics.
Related Documents
Study Document
Criminal Law Justification Letter: Mr. Mayor: I
Criminal Law Justification Letter: Mr. Mayor: I would like to inform you of my opinion regarding the shooting incident that transpired at 2 a.m. involving Police Officer Jones. While walking the beat after midnight in a high crime area, Officer Jones was approached by a civilian who claimed to have been assaulted and robbed by an assailant. The victim described her alleged assailant as wearing a red shirt and white pants. Further identification
Study Document
Criminal Law Title and Citation the Type
Criminal Law Title and Citation The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (Wermeil) Type of Action It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court in 2013. Currently, the U.S. Fifth Circuit of Appeals is addressing the issues presented by the Supreme Court. As compensation, the plaintiffs are seeking out: monetary damages, a change in the
Study Document
Criminal Law Case Study
Criminal Law Case Study Summarize the following cases: Edwards v. South Carolina, 372 U.S. 229 (1963) This case involved a protest where 187 blacks filed a petition. They divided themselves into groups of fifteen people. They would protest in public areas. They wanted to air out grievances that their state had policy segregation. All of these had been organized to take place in South Carolina state house grounds. The strike was peaceful because
Study Document
Criminal Law and Property the
However, even if they had a warrant, the entering would still in all likelihood be considered an illegal search and seizure. All warrants must be proper. In order to be proper it must be based on probable cause. There is no probable cause that the embezzlement was occurring inside the home, thus the entering of the home lacks probable cause and the warrant is not proper. However, even if a
Study Document
Criminal Law Is Plea Bargaining
3. Given what you know about the operations of the criminal courts, is it accurate to call the criminal justice process an "open system"? Why? Yes, it is accurate to call the criminal justice process an open system. Criminal defendants have access to counsel, either private counsel or court-appointed counsel if a defendant is indigent, for every crucial part in the criminal justice process. In addition, the public has access to
Study Document
Criminal Law Argument One: Sharon
To distinguish battery from assault, the major deciding factor is whether there has been an actual touching of the victim. If so, the crime can only be battery. However, if there has been no such touching, then the act may or may not constitute an assault, depending on the circumstances and the wording of the law. All jurisdictions include certain aggravating factors that raise a simple assault to an aggravated assault,