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%