Criminal Justice Michelle and Todd Case Study

Published: 2021-07-06 06:36:14
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Category: Criminology

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Michelle willingly goes out on a date with Todd as no presence of facts showing the application of force from the victim testimony. Todd thinks Michelle is over 16years which means she lies to be off age; Todd believes her making him invite Michelle on a date at his house. Todd understood the words of Michelle and did not bother to find out from her friend or her personal belongings. The act of Todd engaging in sexual intercourse with Michelle who is a minor has an exemption in statutory law as Todd has no guilty mind. Todd and Michelle case can’t be categorized as statutory rape as the minor victim engages in sexual act willingly even when she knows she is not yet 16years old which is an adult. Despite being a drug dealer, he goes out on a date with Michelle without teaching her to smoke marijuana showing that he is a right person.Todd shoots a neighbor who is picking a newspaper, which shows he is so insecure. If the neighbor covers himself with a hood, Todd might not see who it is appropriately, therefore, thinking he is picking up a gun to shoot him Todd might be involved in drug cartel which might come after him after his encounter with the police. Killing someone in self-defense is not a crime as every citizen has a right to defend themselves in case of danger. Todd is familiar with the neighbor and shoots him thinking he is another person as he wore different clothes which are won by his business partners. It is normal for a person in danger to see and imagine unusual things which make him react abnormally.Todd is first eligible for killing Mary Smith, a 17-year-old teenager who goes missing six months ago as the police find him in possession a vehicle with the teenager blood stains. Despite Todd hiring the car from an enterprise, he becomes an accomplice to murder as he noticed special blood stains and did not report to the authorities. Todd shots his neighbor and dies later due to complications making him get pinned to another murder. Todd will have to prove his innocence beyond a reasonable doubt as these two scenarios show he is a cold-blooded killer and have unstable mental health. Todd, an eighteen-year-old teenager shooting, explains that he a pro and a danger to the community around him as he won’t think twice to shoot anybody. Accommodating Michelle to his house without second thought shows that Mary could also be one of his victims but as the relationship goes sideways thus leading to his murder. Todd might have forced Michelle to engage in the sexual act and warns her not to tell anybody about the incidence which is known as rape. Michelle as minor of 12 years old does not know what she is doing, but Todd is fully aware of the act and the consequences. Todd engaging with Michelle and his rental car presence of Mary DNA in the carpet shows that Todd has a norm of associating with teenage girls and forcing them to participate in the sexual activity.The following cases: Florida vs. support Todd charges against him. Bostick-an incidence whereby police search passages bags and other items in a bus with their permission and comes across several kilos of cocaine. The passengers willingly allow the police to search through their pockets without showing any resistance. Bostick police charge him with an offense of trafficking drugs, but he firmly denies that the cocaine is found in his bag. When Bostick appears in a trial, he is found guilty, but on the other hand, Supreme Court terms those charges against the constitution. Supreme Court rules that Bostick is not guilty citing that if the person in possession of narcotics is aware of cocaine in his bag him would have resisted the search by the police. This case applies to Todd possession of cocaine in the back of his trunk; if he were aware of any drugs at the end of his vehicle, he would have resisted police search. Todd reaction shows that cocaine belongs to the person who owns that car.Hudson vs. Michigan- the incidence shows the police in possession of valid warrant to permit the search of Hudson home premises. The cops find firearms and cocaine after searching his house, but upon entering the house, they fail to knock and notify Hudson that they are outside of the 4th amendment states. The police also fail to wait for 20-30 second before entering the house and later Hudson is charged in possession of firearms and drugs. The judge during Hudson trial rules that narcotics and firearm could be available and maybe not to use them. Supreme Court holds that 4th amendment is violated by the police not knocking his house and notification of their presence and picking evidence in law violation. The cops didn’t hurt and notify Todd of their presence during the legal search of his premises showing that marijuana found in his backyard thus the cops invading his privacy.Schneckcloth vs. Bustamonte-a case scenario where police find Bustamonte driving a car which has licensed plate but the headlights are damaged. Bustamonte carries four passengers, and one of them notifies the police that the vehicle belongs to his family member. Police are permitted to search the car, and stolen checks and the police find him guilty. Bustamante has a right to appeal, and law grants him through the court of appeal, but Supreme Court denies him the right to appeal. Supreme Court holds that it is not necessary for defending to be fully aware of his right to appeal according to the 4th amendment. Todd car during police search they find credit card belonging to Mary Smith which gives him a right to appeal to show he is innocent but on the other hand 4th amendment doesn’t require Todd to know his rights.Miranda vs. Arizona- Miranda is arrested by police in his house due to rape and kidnapping allegations. Miranda is taken to the interrogation room in the police station and signs a confession to his charges, but the police fail to notify him of the right to hire a lawyer. Miranda is found guilty by the jury, and during his appeal, Supreme Court holds that he didn’t request a lawyer, so his rights are not violated. Todd on his arrest he didn’t request the presence of a lawyer thus showing his rights is respected.The prosecutor charges Todd with murder, rape, and possession of drugs. For a prosecutor to building a case, a detailed investigation is conducted to prove to the court that Todd is guilty beyond reasonable doubt. Todd to go down for murder, the prosecutor has to provide evidence linking Todd to death of the 17-year-old teenager. On the side of drug possession, the prosecutor has enough evidence to prove him guilty as he grows marijuana in the backyard and some of it is found on the premises. On rape case the victim has to testify that is forced to engage in a sexual act, but if the victim indicates she is willing the charges of rape gets dropped. If Todd is found guilty of involuntary manslaughter, he will serve 2-10 years in Texas prison. Strict liability: is a word meaning that the defendant has no criminal mind when committing a particular act, for example when Todd accommodates a minor he has no intention of inflicting harm to Michelle. Mens Rea: this word means that a defendant has criminal mind. Todd shows a thought when he grows marijuana in his backyard. Actus Reus: means doing an act of guilt, Todd proves he is guilty in drug dealing after shooting a neighbor indicating he is a drug cartel member.

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