Essay Writing Help on Crimes and Fifth Amendment to the U.S Constitution

Crimes and Fifth Amendment to the U.S Constitution

Assignment 1: Elements of a Crime

            Scenario 1 constitutes larceny. Larceny is an act of picking and escaping with someone’s chattels unlawfully at any time with an objective of denying the owner of property, on a permanent basis, possession of his property (Roger & Gaylord, 2010). Sarah intends to deny Makoto custody of his supercomputer permanently.

            Scenario 2 concerns robbery since it incorporates employment of force or fear in the illegitimate dispossession of private belongings (Roger & Gaylord, 2010). Sarah used a gun to inculcate fear in the victim before the perpetrator ran away with the supercomputer.

            Scenario 3 constitutes burglary since Sarah broke into the house of Makoto at night with the intent of committing a crime (Amar & Marcus, “Double Jeopardy Law After Rodney King,” 1995). Sarah did not use any dangerous weapon while taking the supercomputer and therefore, the crime remains pure burglary.

Differences Analysis

            Burglary involves infringement and entry into a structure without the use of force in taking a person’s possessions. Robbery encompasses usage of force or fear to break and enter into a construction (Roger & Gaylord, 2010). However, Larceny involves taking private stuff without force and devoid of breaking and entering into a person’s house. The fine for these crimes is highest in the case of robbery and lowest for larceny instances (Del, 2006).

Assignment 2: Double Jeopardy-Case Analysis

Facts

            Armington shot and earnestly hurt Jennings, a pharmacy clerk during a robbery incident in a store for drugs. Subsequently, the perpetrator faced a conviction in a criminal court on trial of armed robbery and pasting and battery. Thereafter, Jennings undertook a civil prosecution against Armington for costs. The perpetrator thought that he could not be tried again for the same crime, as that would amount to double jeopardy, which is proscribed by the Fifth Amendment to the Constitution.

Issue

            Can a victim sue a person convicted of assault and battery and found not guilty of the criminal offences for damages in a civil court? Does the civil action amount to double jeopardy that contradicts the provisions of the Fifth Amendment?

Decision

            No. Armington is erroneous about the workings of double jeopardy necessities. If a person is convicted of assault and battery and the courts later find that he is not guilty as charged, the victim can bring a civil suit for damages against the perpetrator.

Reason

            The Fifth Amendment guards a cleared person from two-fold hearings for same criminality. Nevertheless, there are immunities available for the application of the twofold jeopardy requirements (Del, 2006). For instance, prohibition against double jeopardy allows a victim to sue an acquitted defendant for damages by way of a civil action. Moreover, a criminal conviction by the state administration does not bar the federal administration from seeking prosecution regarding the same offence. Similarly, a criminal conviction by the federal administration does not bar the state government from establishing a separate hearing for the same crime (Roger & Gaylord, 2010). Therefore, a person prosecuted for assault and battery in a federal court may as well undergo prosecution in a state court for civil violations of the rights of the victim. 

In summary, there are different elements of crimes that aid in their classification and imposition of penalties. In addition, the fact that a person is innocent of assault and battery does not cause or involve immunity against fresh civil charges by the victim to seek for damages (Roger & Gaylord, 2010). The Fifth Amendment precludes certain aspects of criminal prosecutions as far as double jeopardy is concerned (Del, 2006). Thus, the violation of the Fifth Amendment is never an obvious claim whenever a victim tries to seek justice through civil prosecution for compensation.

References

Amar, A.R. & Marcus, J.R. (1995). “Double Jeopardy Law After Rodney King”. Faculty Scholarship Series. Paper 989. Retrieved from: http://digitalcommons.law.yale.edu/fss_papers/989

Del, C. R. V. (2006). Criminal procedure: Law and practice. Belmont, CA: Thomson/Wadsworth.

Roger, L.M. & Gaylord, A. J. (2010). Fundamentals of Business Law: Summarized Cases (8th Ed). CA: Nelson Education Ltd.