Assignment 2 Intro Crim Law
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2/16/2015 Intro to Criminal Law Assignment # 2 In the Criminal Justice System, “Case Law” is the law that is established by the outcome of former cases. Based on the case law previously found in the Brown v. State, and Miller v. State the defendant Bianca Bjorne, should not be accountable for some of the issues at stake. In the Bianca Bjorne case, she was tried and convicted of reckless driving, possession of a controlled substance and failure to properly insure her automobile. The first issue that the defendant raised was “The defendant should not have been convicted of reckless driving, because there was insufficient evidence that she acted voluntarily. In the case , Bianca was excessively speeding reaching the incriminate of 100 mph. In this situation , Bianca struggled with Joe to regain control of the car, being said , this shows that she acted involuntarily. Involuntarily states, that a bodily movement
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Transcript of Assignment 2 Intro Crim Law
2/16/2015Intro to Criminal LawAssignment # 2In the Criminal Justice System, Case Law! is the law that is esta"lishe# "y the outcome o$ $ormer cases% &ase# on the case law 're(iously $oun# in the &rown (% State, an# )iller (% State the #e$en#ant &ianca &*orne, shoul# not "e accounta"le $or some o$ the issues at sta+e% In the &ianca &*orne case, she was trie# an# con(icte# o$ rec+less #ri(ing, 'ossession o$ a controlle# su"stance an# $ailure to 'ro'erly insure her automo"ile%,he $irst issue that the #e$en#ant raise# was ,he #e$en#ant shoul# not ha(e "een con(icte# o$ rec+less #ri(ing, "ecause there was insu$$icient e(i#ence that she acte# (oluntarily% In the case, &ianca was e-cessi(ely s'ee#ing reaching the incriminate o$ 100 m'h% In this situation, &ianca struggle# with Joe to regain control o$ the car, "eing sai#, this shows that she acte# in(oluntarily% In(oluntarily states, that a "o#ily mo(ement that is otherwise not the 'ro#uct o$ the e$$ort or #etermination o$ the actor, either conscious orha"itual%,he secon# issue that the #e$en#ant $ile# an a''eal against was ,he #e$en#ant shoul# not ha(e "een con(icte# o$ 'ossession o$ a controlle# su"stance, "ecause there was insu$$icient e(i#ence that she constructi(ely 'ossesse# the mari*uana $oun# in her car%! &eing that the mari*uana was $oun# in 'lain (iew "y the o$$icer the #e$en#ant shoul# "e con(icte# o$ 'ossession o$ a controlle# su"stance% Constructi(e .ossession is #e$ine# as the illegal item is within one/s control, "ut not in his/her actual 'hysical control%,he thir# issue that the #e$en#ant li$te# was ,he #e$en#ant/s license shoul# not ha(e "een sus'en#e#, "ecause she is new to this country an# #i# not +now that the law re0uire# her to ha(e auto insurance%! In the statute )otor (ehicle lia"ility insurance re0uire#1! it rea#s, ,he o'erator or owner o$ a motor that is #ri(en on a highway, roa#, or other 'u"lic 'ro'erty in the state, shall "e insure# un#er a motor (ehicle lia"ility insurance 'olicy% Ignorance o$ the law is no e-cuse $or an in#i(i#ual to "e 'ar#one# $rom legislation% &oth 0uestions, two an# three, are $oun# to "e unlaw$ul "y the reason that she constructi(ely 'ossesse# the mari*uana an# also she was lia"le to ha(e insurance, which is re0uire#, "y the state% ,he $irst issue that ha# concern is law$ul an# has reason to "e o(erturne# "y the #e$en#ant "eing that her actions were in(oluntary%
