Description
Post 1. By Antenica
A man jumped out of a bush wearing a ski mask. He had a weapon that was visible to all. He demanded money but did not take any money. He threatened to shoot people if the victims did not comply with his demands. According to the Model Penal Code, for a robbery to have been committed, a person’s property must be taken in their presence with a threat of violence.[1] The robber in this scenario initially demanded money. However, he decided to abandon that demand. Instead, he began to eat the victims chicken wings. However, small or insignificant this may seem I would argue that this man robbed the people of their chicken wings. Personal property are items that have some monetary value. I would argue the wings cost something when they were purchased. Specifically, if they ordered them through a food delivery service. The usual $10 order of wings likely cost $30 after fees and taxes. These, however, may be homemade wings. As indicated by the sharing of recipes that followed the crime.
Due to the immediate threat of violence preceding the robber eating the chicken wings and the fact he took them and ate them in front of the victims this is a robbery. The victims are permanently deprived of their personal property by the threat of force. After the robber took the people’s dinner, he shared recipes and conversation with them. He even apologized for attempting to rob them of their money. This does not negate the crime. The robber most likely did not have malice aforethought when he ate the wings. However, the intent required for robbery is simply to steal a person’s property.
The robber could argue that he abandoned his attempt to commit the crime because he did not take what he initially intended to. I do think it would be a successful defense because he stole something else. I do not see any other defenses that might apply in this situation unless there are additional factors.
[1] Law Shelf Educational Media. (2019, 12 11). Retrieved from ROBBERY: https://lawshelf.com/courseware/entry/robbery
Post 2. By Jeremy
The robber may initially be charged with the crime, but it will be difficult for it to stick in court. The robber can argue successfully that he abandoned his criminal activity before a crime was committed. The robber apologized and told the group that he had come to the wrong house. In addition, the robber left without hurting anyone or stealing anything. Withdrawal and abandonment are a positive criminal defense. The thought of committing a crime is not actually doing so. Many of us heard someone jokingly say they are going to “rob a bank” and know they have no actual intentions of doing so. Sure, this guy took it to the next level but in the end, still decided not to commit the criminal acts.
In the scenario at hand, the robber will meet the criteria of withdrawal and abandonment. The most important aspect of a case like this is if the defendant voluntarily decided not to commit criminal acts. That is certainly the case here as the robber apologized and proceeded to have wings and conversation with those that were around. It was not an outside factor or fear of getting caught that played into the robber’s decision to not commit criminal acts. There was no alarm going off in the house or police showing up that prevented him from going through with the robbery. In the end, nothing was stolen, and no one was hurt, it will be difficult to charge anyone with a crime. The robber must have really hit rock bottom in life and was desperate for whatever reason, but in the end, he ultimately decided to do the right thing. The only crime in question here is if the gun was illegally owned. That is unknown in the scenario at hand, so no argument needed here as there is no room for assumptions involving the law.
References
Justia. (2018). Abandonment as a defense in a criminal case. Retrieved from:
https://www.justia.com › criminal › defenses › abandonment
Post 3. By Shaul
According to the Model Penal Code, the alleged robber did commit a crime. Initially, I thought that he might just be guilty of attempted robbery under Section 5.01. Criminal Attempt. Due to my thinking that he did not take anything, I figured that he cannot be charged with the actual act of robbery. However, after looking at the details surrounding the case. I believe that a charge of robbery could be brought… The robber stole the chicken wings! No, he cannot argue that he abandoned his criminal activity before a crime was committed. After brandishing a firearm, and threatening to shoot those that didn’t comply with his demands, the robber began to take and eat wings that he did not have permission to take at that time. The necessary elements of a robbery can be proven, where he committed larceny the unlawful taking of the wings with the intent to permanently deprive the victim of the property by eating them, in the people’s presence and did so with the threat of force. Simply put, “Robbery is essentially larceny plus force” ("Robbery"). Another reason that it cannot be said that he abandoned his criminal activity is because, enunciation of the criminal purpose is not voluntary if it has been motivated by circumstances that were not present or obvious at the earliest stages of the conduct of the actor, which increase the likelihood of detection/apprehension or make it much harder to achieve the criminal objective. Not sure what defense could be raised… this is a tough one.
References
Robbery. (n.d.). Retrieved from https://lawshelf.com/courseware/entry/robbery.
Post 4. By Susan
As technology has grown so have the databases and information networks for police and investigators around the world. This allows police to share information with different agencies. They can store DNA, fingerprint information that can be pilled at any time and help in any investigation. This is helpful in many ways. When a vehicle is stolen they can enter the VIN and then any officer can be alerted and if spot the vehicle may recover the stolen vehicle and catch the suspect. The National Crime Information Centre (NCIC) is one of the major databases that police and other agencies use. It contains information such as fingerprints and other criminal records. Another network is the American Association of Motor Vehicle Association, which provides many services one being connected to 51 motor vehicle licensing jurisdiction. This is helpful to investigations when searching for a stolen vehicle or a car seen leaving a crime scene. National Insurance Crime Bureau provides some service to the public such as being able to check a VIN if stolen or salvage title if purchasing and also works with law enforcement. They try to prevent and solve insurance fraud and theft. The IAFIS database store compares and exchanges fingerprint data in digital format. Information is collected when in contact with the police and other resources. If a witness statement is taken you get booked into jail or arrested your information goes into this system by the agency. The LEEP is a secure virtual gateway providing law enforcement agencies access to shared law enforcement resources such as facts, criminal investigation leads, current news, and intelligence (Bond 2015). All these programs are useful in criminal investigations to aid in catching criminals. It's useful to have the databases for shared information criminal profiling.
Geospatial technology has quickly become a widely used part of crime analysis. There are three major types, GPS (Global positioning systems), GIS (geographical information systems) and RS (remote sensing). Today these types of technology have helped locate a suspect, victim, car and more. With cellphones having GPS and cars equipped with GPS it has given police a way of tracking and pin pointing locations and individuals. It has also given police a way to map quicker routes to calls and get to those who are in need of help faster. Using geographic profiling in crime analysis is also a Essay subjects in English can be toughto return up with. While writing essays, many university and excessivecollegestudents face creator’s block and have a tough time to considertopics and ideas for an essay. 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Where a criminal goes during noncriminal activity is just as important and helps to build a map of where an offender may go and where may commit a crime next. It can be used to gather information as well such as using license plate readers to collect data of those traveled in certain areas at a given time.
References:
Byungyun Yang. (2019). GIS Crime Mapping to Support Evidence-Based Solutions Provided by Community-Based Organizations. Sustainability, 11(18). https://doi.org/10.3390/su11184889
Doleac, J. L. (2017). The effects of DNA databases on crime. American Economic Journal: Applied Economics, 9(1), 165-201.
Phoenix, X. (2014). Putting the offender on the map: A look into the rationality of serial offenders' geographical behavior. ProQuest Dissertations & Theses Global. (1549975923). Retrieved from https://search-proquest-com.ezproxy1.apus.edu/docview/1549975923?accountid=8289
Bond, Mark. (2015) Law Enforcement Enterprise Portal Retrieved from https://andragogytheory.com/2015/09/12/law-enforcement-enterprise-portal-leep/
Post 5. By Elmer
We were asked how databases and information networks could be useful in criminal investigations. Databases are an extremely resourceful tool that can be used by law enforcement, but only if it is properly maintained and updated. There are unlimited things that these databases can hold from the last address known down to an item that you may have pawned years back. This information and some of the tools used by law enforcement are accessible by the general public as well. You can google a phone number and it can tell you who has had that phone number, their social security numbers, people related to that individual, etc… It is sometimes disturbing with the amount of personal information that is available on the internet today. Law enforcement can run a check on an individual and it will tell you the individuals criminal history i.e. traffic tickets, arrests, warrants. There are instances where certain state databases may not communicate with another states database and individual that is stopped in Nevada might have an arrest warrant in California, but is let go due to the technical error. The most useful way to use these databases is to gather as much information as possible on an individual to try and determine where they might go or what their next step might be. If the suspect is on the loose law enforcement can see that their mother lives in the neighboring county or state and they can send someone to investigate and talk to the suspect's mother hopefully getting more information on the suspect.
2) Discuss in detail how crime analysis (crime mapping and geospatial technology) may be useful as a tool in criminal investigations e.g., home burglary, auto theft, or other crimes.
Technology has been extremely helpful for law enforcement because it represents an advanced role in criminal visualization. (Iqra 2017. )These tools and technology are extremely helpful to law enforcement because you can produce a “heat map” that could tell you “this area specifically is prone to home burglaries or car thefts” and you can determine a pattern of a suspect or criminal group. The more information that is fed into these systems the better the outcome is because it can help law enforcement prevent crimes or focus more attention in those particular regions or areas of a city. Geospatial technology is basically the “eyes from above” and it can help law enforcement in investigations by accessing angles and views that a normal human could not get. They can compare photos from one week to the next to check for suspicious activity on a particular location. The military uses geospatial technology to track movements of bad guys and uses the information to prevent a future attack.
References
Brungs, A., & Jamieson, R. (2010). Identification of Legal Issues for Computer Forensics. Journal of Digital Forensic Practice, 3(2–4), 140–149. https://doi-org.ezproxy1.apus.edu/10.1080/15567281.2010.536740
Crime mapping. (2003). Forensic Science International, 136, 10–16. https://doi.org/10.1016/S0379-0738(03)90005-3
Fitterer, J., Nelson, T., & Nathoo, F. (2015). Predictive crime mapping. Police Practice & Research. Retrieved from http://search.proquest.com/docview/1657420182/
Iqra Shafique, Syeda Ambreen Zahra, Tuba Farid, & Madiha Sharif. (2017). Role of GIS in Crime Mapping & Analysis. Sukkur IBA Journal of Computing and Mathematical Sciences, 1(2), 39–47. https://doi.org/10.30537/sjcms.v1i2.30
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