Law Videos - Criminal Law 1

[cheng92004]

(1) you are being attacked by someone who you could use deadly force against, but you could easily escape them because of a handicap- in most jurisdictions you are fine to do so, but some you have to try to retreat.

(2) In the minority of jurisdictions you can use deadly force in the home, workplace, or in your car.

It also depends on a whole array of other factors at the time of the shooting, but I would have thought to start there. It also varies state by state.

[cheng92004]

what about felony murder?

Also, the person was defending their home, so The general rule is that a person who did not initiate conflict has no duty to retreat in the face of a deadly attack. However, a number of jurisdictions do require retreat if it is feasible and can be done in safety before using deadly force if:

[MegaAnchorite]

Why is mens rea even considered? In cases of invountary manslaughter I can see why it would be a concern. But generally, if the evidence proves an offender is guilty, he is guilty whether he "intended" to do it or not. The court can't read minds. An activist lawyer Herbert Weschler played around with mens rea and it lead us into chaos.

[BestCriminalLawyer]

@MegaAnchorite It's true. The court cannot read minds. But intention can be deduced by inference. It's what separates a crime like murder from criminally negligent homicide, just as one example.

[MinorCanon2]

Can the police make a determination of probable cause? Isn't it that they have to apply for a warrant before a court and it is the judge who must determine if there is indeed a probably cause so that a warrant can be issued. How scary would it be if the Police will have the power to determine the existence of probable cause.

[BestCriminalLawyer]

@MinorCanon2 The police have the power to determine the existence of probable cause and have been doing so on a daily basis since the founding of our country. The reason the police do not need to run to a judge for a warrant in every occasion they suspect a crime has been committed is due to the exceptions to the Fourth Amendment warrant requirement (e.g., search incident to arrest, protective sweep, etc).

[MinorCanon2]

@BestCriminalLawyer yup I asked and found out that in many states a clerk who may not be a lawyer will determine probable cause and issue the warrant. Now that's scary. Even lawyers have studied and experienced in such things could make mistakes in their determination, how much more a non lawyer and to think that someone is going to loss his freedom from such finding. An arrest warrant is something too serious to be left in the hands of government clerks.

[MinorCanon2]

@BestCriminalLawyer Maybe in cases of those caught in the act or hot pursuit or similar circumstances the police can effect warrant less arrest and it's not too scary. But imagine that someone calls the police to have his neighbor arrested and the police believe there is probable cause even if he is lying. Now that is scary. Well if that's the law then so be it but that's scary.

[MinorCanon2]

@BestCriminalLawyer if u don't mind I have a question. A caught B attempting to steal his car in his garage. A aimed a gun at B. C came out from behind and hit and knock out A. B and C fled. A stood up and shoot B to death. Is it murder or manslaughter?

I got a paralegal certificate from 2 yrs ago. That question was debated by my classmates.

[BestCriminalLawyer]

@MinorCanon2 That's actually a very interesting fact pattern. If I were A's Criminal Defense Lawyer, I would argue that B's death is the product of reasonable provocation due to sudden quarrel. Obviously, the variable that complicates matters is that A ended up shooting B, not C (who was responsible for hitting A). Nevertheless, given the background circumstances of B and C acting in concert and the sudden nature of the events, A would probably succeed in getting a reduction to manslaughter.

[MinorCanon2]

@BestCriminalLawyer Thanks.

[MacPr0xnxx0]

i love criminal law !

[BestCriminalLawyer]

@MacPr0xnxx0 Yes, it's a very interesting branch of law. We have dozens of videos on the subject.

[bisayakongdako]

wow..i need this..thanx a lot...muah!