The Constitution of America and Laws
The constitution of America established fundamental laws and guaranteed certain rights for its citizens. It was written in 1787 that replaced the Articles Of Confederation which had been governing character of the United States. The law of the United States was predominantly gotten from the precedent based law arrangement of English Law. Nonetheless, U.S. law was drawn significantly from its English ancestors both as far as substance and method. It has fused various common law developments. It had proven a weak and disorganized government in the field of immigration and naturalization. (Ed.Carl 2010), When the first ships arrived in America, they brought some traditions and laws from England. They needed those laws to create a lawful society in America. After the US Constitution was made where the delegates planned a stronger government with three branches known as Executive, Legislative, and Judicial branch also passed a system of Checks and Balances this way every branch has equal power. The bill of rights came with 10 amendments guaranteeing our protection. Every amendment protected us in different ways so there is justice within our community. The rights that have been provided to us as US citizens are freedom of speech, the right of people to keep bare arms, no quartering of troops, need a search warrant to search, right to remain silent, right to have a lawyer, will be put on trial with jury, punishments will fit the crime, if its not listed you still have a right and any power not listed will go to state or its people. Before the US constitution was made everything was out of place, British government imposed the taxes in a way Americans were provoked.
Most of the time murder is a premeditated crime. Unjust society can cause the violence people are being deprived of their rights or they are being treated unjustifiably that arouse the feeling of revenge in people. Murder is committed when a person’s anger comes into action. Sometimes people are dissatisfied with their environment and they face many disappointments, they start holding grudge against those people who they think were reasons for their disillusionment. Murder is known to be mens rea where a criminal minded person intentionally and consciously target another person to die. There are many affirmative defenses regarding murder the most significant is insanity plea a person being mentally ill or disillusioned, under the influence of extreme depression where person’s senses do not work . Usually criminals think that they were cheated by who became their victims.
During manslaughter a person who becomes victim of the murderer is not necessarily target for kill. Manslaughter is considered to be a felony under the common law because it is not premeditated murder, sometimes the actions of a victim may lead the murderer to commit the crime, it could be verbal or nonverbal actions. The circumstances of the killing are not enough to be charged as murder, but the defendant’s criminal conduct should be punished (Criminal Law 286) this explains that crime has taken place, even if it is less the murder, someone’s life has been wasted that makes it a criminal action. The affirmative defense for manslaughter could be accidental killing when the charge falls under voluntary manslaughter where there was an intent to it or involuntary manslaughter which was in results from negligent or reckless behavior. Punishment can be reduced from accidental killing but cannot be completely waved off.
Rape is committed when a person engages in a sexual imtercourse who has not given consent. Rape can be verbal, physical, visual, or anything that powers a man to participate in undesirable sexual contact or consideration. Assault is a standout amongst the most underreported wrongdoings. ???The US justice department defines rape2 as vaginal, oral, or anal penetration achieved through the use of force or threat of force (Criminal Law 336) this explains that no matter what type of sexual act it is, person will still be charged with a rape. Rape falls under three categories known as first degree the most important where the perpetrator is over the age of 18 and the victim of the age of 13.(Koss, M., & Fowler, Raymond D. 1993) While the second degree is where the perpetrator is 18 and victim is under 15 years of age and if the victim is disabled. Third degree rape is when the perpetrator is 21 years old and the victim is under 17 and is incapacitated and unable to give consent. ???The defense for rape is impotency where evidence of a person’s physical capacity to accomplish the act is admissible as a defense (Criminal Law 336) says that if the person’s inability to achieve ejaculation could held his punishment being reduced.
Felony murder is known to be any death that occurs in attempting to commit crime that have one thing in common, they all are felonies, the person would be convicted of a felony murder. A defendant can be convicted of murder only if a prosecutor shows that the defendant acted with the intent to kill or with a reckless indifference to human life. Under the felony murder rule, however, a defendant can be convicted of murder even if the defendant did not act with intent or a reckless indifference(Justia 4) this shows that even if it was the perpetrator mistake or recklessness I will still be considered as felony murder. Affirmative defense only liable to a group of people, being unarmed, or did not believe that the other person in the group had a deadly weapon or did not commit the crime or solicit. Hate crime laws is a wrongdoing caused by racial, sexual, or other preference, commonly one including savagery is know to be hate crime.Individuals have their accepts and views about themselves. At some point there are the sort of individuals that think they need to put their mind into activities and hurt others or devastate things to express what is on their mind. Its is know to fall under actus rea which is known as a wrongdoing where physical action us needed that includes threats, harassment Knowlton, N. (2017) The defense to hate crime laws is showing insufficient evidence where it is not completely proven because the attorney did not presented enough evidence to support the case.
Battery is committed when a person intentionally or unintentionally causes bodily harm to another person doing so by acts like throwing an object will be considered a battery. It includes intentional touching, the touching must be harmful and is not consented by the victim. Battery falls under common law and is considered actus rea since the force is being used that will be considered as guilty act. If there is physical contact without bodily injury the contact must be offensive or unwanted (Criminal Law 306) this explains that if it is not offensive or unwanted the person would not be charged with battery. It is required for the act to be committed knowingly, because if it is accidental physical contact or injury it would not be battery. Self defense is know to be the best defense when it comes to battery or assault where they think there was harm coming their way or there was no chance of escaping a dangerous situation.
Prostitution is known as the prohibiting act of engaging or agreeing or offering to engage in sexual conduct with another person in return of an expense. In the past only women would be charged of prostitution, males who pay women to engage in sex acts mat also be charged with the crime (Criminal Law 349) this explains that person who is offering service and also the person who is receiving services both will be charged of the same crime. There are numerous reasons why prostitution is illicit in 49 U.S. states today. To begin with, and principal, numerous individuals feel that prostitution should remain unlawful keeping in mind the end goal to save profound quality. Guardians do not want their kids to grow up feeling that prostitution is adequate. More awful yet, guardians would prefer not to hear their youngsters say, “”When I grow up, I want to be a prostitute.”” Christianity additionally looks downward on prostitution in light of the fact that as indicated by their convictions, the demonstration of sex is just to be done when a man and a ladies are enamored and hitched. It is an inchoate crime that is yet not completed and leads to other crimes such as robberies, drugs, alcohol and physical abuse, the affirmative defense to prostitution is lack of trustworthy evidence where it is not proven that prostitution was occurred.
Euthanasia is a suicide under common law is a self murder which is known to be a felony. ???In the case of State v. Forrest the defendant was convicted of first degree murder and sentenced to life imprisonment for the mercy killing of his terminally ill father (Criminal Law 293) this shows that not just committing suicide, killing or taking any ones life who is either sick, or wants to die is known as a felony. Euthanasia is known as actus rea where it is considered to be a guilty act of harming yourself or other to nearly death. The defense used for euthanasia is self defense where the defendant can present evidence, if found to be credible then the punishment would be reduced.
Kidnaping is a crime accomplished by abduction, this action shows effort in taking control of another person and to intentionally remove them where they will not likely to be found. Kidnaping is committed in addition to crimes such as Robbery, Assault or Larceny. The request for ransom is not necessary to charge for a kidnaping, it is punished severely, as its is one of the most serious crimes.(Kermit L. 2002) Kidnapping has numerous unfriendly consequences for the general public. One is that it causes inopportune demise. Those that are held for payoff might be executed if their families neglect to pay the amount required. During the investigation with police, honest individuals might be hit. Numerous confirmation kidnappings don’t end well and resultS in death. The other impact is financial loss of motion. The individuals who survive kidnappings may likewise be adversely influenced. They may build up the dread for some things or get damaged. It is known to be a composite crime where the aggressor knows what is the penalty of committing a crime but still does it. The defenses for kidnaping includes mistake or ignorance, insanity, consent of the victim and double jeopardy.
Feticide crime’s substantive requirements of feticide could be done surgically or using a chemical injection into the selected fetus. If it is more then 24 weeks in the women’s womb it is considered to be a manslaughter. Protection of an unborn child is necessary ??? a person would be punished for manslaughter who recklessly or knowingly causes the death of an unborn child by any physical injury to the mother (Criminal Law 273) explains that even accidental killing of a fetus would be considered a feticide crime. The American system of laws is developing over time and creating more and more laws every coming year.
Most of the laws in constitution were taken from British but in America they made a very good system of checks and balances which protect every individual’s rights and government cannot interfere in their personal rights. Government can change the nation only by citizens consent and nobody is above the law whether they belong to rich class and middle class. There are few sources of law known as constitutional law a formal document defines broad powers. Common law is the concept of precedence and administrative law that separates power into federal, state and local levels (Criminal Law 286). Laws can be altered with the passage of time because society needs change rapidly with the pace of time. Some laws need to be changed im the change of society. Human needs and behavior changes throughout a lifespan then needs change. American system of laws remained strict where you need copyright in the United States. There made laws such as anti bullying, free school meals, internet protection act. Passed the Alcohol and marijuana laws, federal bankruptcy laws,education laws, health laws, housing and homeland security laws. Every evil thing that is being done has a law of itself. American system of laws went through drastic amount of changes from 1789. The first law written in United States of America was the time and manner of administering certain oaths, and started its way up to what it is now.(Criminal Law 278). The American legal system is one of the many that exist in today’s world. Each country has its own unique set of laws, rules and regulations. The lawmakers gave it a better shape then the european laws. It is important to look at the roots of our legal system that come from European laws how it evolved to what it is today.