Understanding the Power of Persuasion in Criminal Law
Explore the art of persuasion in criminal law, focusing on making effective arguments, analyzing murder statutes, and applying facts to crime elements. Discover how persuasion plays a vital role in convincing juries of guilt or innocence, and delve into the themes of prosecution versus defense.
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Criminal law: the power of persuasion Tuesday January 31st
Objectives To learn how to make an effective argument through persuasion. To learn the different degrees of murder by analyzing the statutes. To learn how to apply a set of facts to the elements of a crime.
What is persuasion? to induce to believe by appealing to reason or understanding; to convince
What does criminal law have to do with persuasion? Convince the jury that someone is guilty or innocent
What were the themes? Prosecution v. Defense? Which was more convincing to you and why?
Your turn The waves crashed against the dark rocks. I felt around frantically trying to grab something. Pebbles and seaweed tripped and grabbed me. The wind whistled a low mystical tune into my ears. A cold sensation tickled my spine. I thought suddenly of sharks swimming around me, perhaps hearing me or scenting me . I could have drowned. I could feel it. I felt as if the black water was pulling me down. Down into the murky depths below.
Miss universe goes rogue During the Miss Universe competition, Iris Mittenre found out that her ex-boyfriend caused her a lot of problem and she may lose the title. She blames him for all her trouble. She decides to shoot him. Iris decides to go home so that she can prepare to carry out the murder. She accidently hits a jogger who darted out of nowhere. Stopping immediately, Iris rushes to help the jogger who is already dead. She was driving a safe speed limit and the jogger was completely unavoidable.
Homicide The big umbrella term The killing of a human being by another person.
Murder The killing of a human being by another person with MALICE. Malice- the ill will or deliberate intent to harm someone
Why are there degrees? The degrees are based on the mental state requirement To reduce the punishment for less grievous homicides (used to all be punishable by death)
First v. Second degree First Degree Murder: Requires that you have taken the life of another with "malice aforethought" or a premeditated intent to kill. Second Degree Murder: Requires that you have taken the life of another with no premeditation or forethought.
1stdegree: murder Sec. 19.02 MURDER (b) A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual; (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
2nddegree: manslaughter Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual. (b) An offense under this section is a felony of the second degree.
Lets review: Miss universe goes rogue During the Miss Universe competition, Iris Mittenre found out that her ex-boyfriend caused her a lot of problem and she may lose the title. She blames him for all her trouble. She decides to shoot him. Iris decides to go home so that she can prepare to carry out the murder. She accidently hits a jogger who darted out of nowhere. Stopping immediately, Iris rushes to help the jogger who is already dead. She was driving a safe speed limit and the jogger was completely unavoidable. What should she be convicted of if anything?
Superbowl Sunday Murder Monday Tom Brady is cheated when he buys a car from the Falcon s Carz Shop. He attempts to return the car but Matt Ryan just laughs and tells him to go away. Every time Brady has to make a repair on the car je gets angry. Finally he decides to wreck Ryan s car to get even with him. Following him home from work in evening, Brady tires to ram his car, hoping to bend the axel or frame. Instead of bending the frame, the collision smashes Ryan s gas tank causes an explosion and kills him. What should he be convicted of and why?
Tomorrow We will discuss current events. We will continue our discussion on murder because there is more!!
