What is the Entrapment Defense? What must a Defendant show use it successfully?
There is always a difference in states. Every state has its way of doing things. For instance, there are fifty states and numerous commonwealths and territories within the United States. Every one of them has its system of courts and laws that handle various matters arising. For instance, Massachusetts State has its way of handling issues presented to the tribunal. An example is how it handles entrapment defense.
Entrapment is the act of government officers or agents involving in inducing an individual to commit a crime not intended by him, to administer a criminal prosecution against him. A police officer executes an entrapment when, for the purpose of acquiring evidence of a crime, he initiates the idea of the crime and then coerces another person to participate in conduct constituting such an offense when the other individual is not otherwise disposed to do so.
In Massachusetts, for the defendant to use entrapment defense successfully, some evidence of inducement, which goes beyond mere trickery by a law enforcement officer or an agent of the government must be availed at the criminal trial by the defense. Entrapment is a defense to be presented only during the trial and is not availed by way of a pretrial motion to dismiss. Moreover, additional evidence regarding the law official or government agent pleading, arguing or participating in lengthy negotiations or applying aggressive or inducing tactics ought to be presented by the defense either via testimony or by cross-examining the prosecution witness.
Arguments on Either Side for Revoking the U.S Citizenship of Individuals Accused of Terrorism
Even though it is rare, a naturalized U.S. citizen could have his/her citizenship stripped via a process known as denaturalization. Denaturalized former residents are subject to deportation from the United States. U.S born citizens may not have their citizenship stripped against their will, but have the option to renounce their citizenship on their discretion. The grounds for citizenship revocation based on terrorism are when the Federal government proves that an individual joined a subversive organization within five years of acquiring naturalization. Membership in such an institution is regarded as violating U.S. oath of allegiance.
However, the rights of citizenship in a democratic country are the core foundation of that society. Whether acquired by naturalization or by birth, they define who is and who is not an associate of the body politic. They avail a context of laws for how the government can treat that individual. Arguments have it that revoking peoples’ membership in a country without due process and respect for their rights to the belief of innocence is tempting. It disposes of the issue in a matter of moments. Nevertheless, it is dangerous to go down this route since the charges against such an individual may not be right.
The Broken Window Theory and how it Affects what Actions may be Subject to Punishment
The broken windows approach to policing focuses on the significance of social disorder (e.g. broken windows) in establishing and sustaining wrongdoing that is more severe. The disorder is not linked directly to serious crime; alternatively, it leads to elevated fear and withdrawal from residents. Consequently, it paves the way for more serious offenses to take place because of minimized levels of informal social control. The law enforcement officers can play a significant role in unsettling this process. They can act likewise by centering in on social issue and less extreme wrongdoing in the groups where a serious wrongdoing has not occurred, which can minimize fear and residential withdrawal. Underwriting elevated amounts of casual social control will empower occupants to take control of their neighborhood themselves and keep genuine wrongdoing from saturating. The broken window theory also known as quality-of-life, order maintenance or zero tolerance policing can affect what actions may be subject to punishment.
The theory argues that when low-level quality-of-life crimes are tolerated in society, a crime that is more serious will follow. Moreover, the theory suggests that the variation in social disorder in the community, which explains the difference in wrongdoing, is the main reason why crime elevates in the neighborhood. The real cause is disorderliness itself. Consequently, broken windows, buildings not inhabited, public drinking, cause kind people to remain in their houses or relocate entirely. As a result, the theory gives criminals a free pass to wander and send a message that crimes are not taken seriously.
Further, another way this methodology influences what activities might be subjected to discipline is a situation where it recommends that there is a long circuitous association between social disorder enforcement and a diminishment in serious law infringement. Hence, broken windows mediation may not enough assess existing law violation. Studies on law enforcement usually utilize short follow-up periods and therefore, may not capture dynamics in the neighborhood. Besides, there is also no unanimity in the presence of an association amongst social disorder and wrongdoing and how to gauge such a connection if it does exists. Therefore, there is no obvious answer concerning the relationship amongst disorder and wrongdoing and whether accessible exploration underpins broken windows hypothesis along these lines rendering it not objective in fathoming wrongdoing issues.
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Interesting Facts Regarding Criminal Law Learnt in the Semester
Property damage is on the rise within the various states of the United States, and it is the interesting point regarding a criminal law that I learned in the semester. The reason is that I had the interest to find out how states handle this issue and how crime doers are brought to justice especially in Massachusetts State. Property destruction costs state millions of cash every year in program costs and cleanup efforts, and may lead to emotional and psychological damage to property owners as well.
A criminal reference or a charge for malicious damage can happen in view of any property destruction, vandalism, from scratching a vehicle, wall scribbles, a street rage, or notwithstanding crushing things in a domestic disagreement. The act of criminal property destruction lawful offense is known as Malicious Damage in Massachusetts State under the criminal laws. The charge and potential sentence that an individual face relies on upon his/her mentality at the time of the offense. Most vindictive destruction charges result in a criminal reference to a hearing involving a clerk magistrate. In a circumstance where an officer witnesses the occurrence, the individual could be captured.
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In Massachusetts State, if a man acted maliciously and unyieldingly, the likely sentence would be up to ten years in jail or fines of $ 3,000 or three times the amount of the annihilation brought on, whichever is higher, or up to 2 ½ years in prison. If notwithstanding, the individual acted indiscriminately, the punishment for malicious harm of property is a maximum of 2 ½ years in jail or $1,500 fine or three times the measure of damage, whichever is greater. Further, in a circumstance where an individual struck an object or a building with his vehicle and left the scene without notifying anybody, he can likewise be accused of a different criminal accusation due to leaving the site of harm. Luckily, Massachusetts State laws express that if an individual is blamed for both noxious damage and forsaking the scene of the wrongdoing, there is still a decent opportunity to avoid any criminal offense being managed. Legal counselors who are involved in these sorts of hearings can often get the magistrate to drop the charge totally in return paying for any obliteration.