Criminal law and violence in western society

Criminal law and violence in western society

 

 

Purpose/Learning Outcomes:
This assessment relates to Learning Outcomes 1-5:

1. describe ways in which criminal law and violence in western society are a product of this society and its political order and categorise these in terms of social and criminological theories

 

2. articulate an understanding of the provisions of the Criminal Code of Queensland creating offences of violence and dealing with issues of criminal responsibility, the principles of criminal law, and any deficiencies in the law (Discipline Knowledge; Critical Thinking and Basic Research Skills

 

3. apply knowledge of empirical research and criminological theory to explain issues relating to victimisation, offending and sentencing through real world scenarios

 

4. describe and categorise criminal justice and social responses to violent offending and victimisation in written formats, articulating an understanding of the social and ethical impact of policy and real world application, and

 

5. cultivate and develop a sense of community and professional responsibility to support an understanding of the criminal justice framework and its principles

Task:
Assessment 3 requires you to write a report on either the victim OR the offender in the case study that you built from the scenario you chose in assessment 1.

PART 1:

In this section you are to demonstrate an understanding of ONE theory in explaining the experiences of either the victim OR the perpetrator of the crime. To do this you may look at motives for perpetration, social context of the crime, familial context, previous experiences of the perpetrator or victim and other factors that may support your theoretical explanation. You are to draw on current research to support your work. (800 words max)

PART2:

In this section you are required to make a recommendation as to sentencing options for the offender or an area of policy or service provision for the victim. You will need to justify why your recommendation is appropriate. To do so you will need to demonstrate an understanding of the theoretical support for your recommendation and expected outcomes or impacts of the sentence or intervention. (800 words max)

PART 3:

In this section you are required to provide a critical reflection on your learning throughout this subject. (400 words)

 

Assessment 1:

Scenario 6: An adult digitally penetrated a child under the age of 16 years.

Perspective: Police Detective

4 James Street

United States, 400.
07 2222 1234

 

1 October 2016

Queensland Police logo
Queensland Police Service
http://www.police.qld.gov.au/

Dear Mr. James,
I present to you the case file of Mr. David Bruce. Mr. David has been charged with the rape of Ms. Carol Jones. I was the leading detective on this case.

Please find enclosed all evidence in relation to this case. As it is your role, under Queensland’s Director of Public Prosecutions Act (1984, s.10), to prosecute people on behalf of the State, I ask that you please assess the strength of the evidence in taking this matter to trial (Office of the Director of Public Prosecutions 2013, 5).

 

Yours sincerely

Justin martin
Detective Justin Martin

 

Detective in Charge: Justin martin

Case Number: 1200854

Case Type: Rape

Victim: Ms. Carol Jones

Offender/Suspect: Mr. David Bruce

Contents:

Legislation…………………………………………………………………………………..5

  1. Location, Physical Environment and Details of the rape…………………………………………………. 4

2…………………………………………………………………………………………………………………………………. 10

  1. Appendix b……………………………………………………………………………………………………………. 10
  2. Excerpt of Police Interview with Mr David…………………………………………………………………. 10
  3. Excerpt of Police Interview with Mr. Jesse………………………………………………………………….. 11

 

Legislation

Mr. David Bruce has been charged with the “rape case” of Ms. Carol Jones. Carol is only 13years old while David is 23. Children under the age of 16 are referred to as minors and the Constitution guards their rights and privileges. According to Conroy & Scassa (2016, p. 350), sexual violence against minors is known as rape. In the US, those convicted with rape cases are restricted from living near schools, parks frequented by children, playgrounds, or daycare centers in addition to other punishments. Goodwin (2013, p. 481) explains that since rape is a crime, it can lead to various emotions against those involved, in this case; the plaintiff who is Carol, and the defendant who is David. Mr. David is alleged to have raped Ms. Carol by intentionally pulling her to the hotel room, where he penetrated her by force. The alleged actions of Mr. David fall under the definition of rape set out in subsection A(2) of 2907.02, of United States Criminal Code (1962) which states a person is guilty of rape when “The offender intends to force sex on the little girl in hospital…” Lastly, United States Criminal Code (1983) sets out sentencing guidelines for rape and, if found guilty, Mr. David is liable to imprisonment or indefinite sentencing

Location, Physical Environment and Details of the rape

It happens to be at this downtown club, which has a cool surrounding. Its environs are comprised of a complex ecosystem that consists of hardwood trees and beautiful flowers. Such trees include mahogany and oak, which buffer the earth besides supporting various life forms. It is evident that these trees support life because there are little animals on them, like spider monkeys, squirrel monkeys, birds, insects, and chameleons. These animals seem to enjoy that ecosystem as they move from tree to tree. Additionally, the flowers seem to blossom making the environment lovely and more attractive. About five meters from the club, a river flows by with type of currents that are irregular and producing bubbling sound. Mostly, the river does clatter, inducing a feeling of sweetness in it. A swimming pool is also constructed adjacent to the club for leisure activities. The environs seem appealing and thus attract many customers to the club. The rape is no different as it took place in one of the rooms at the back, right-hand side of the restaurant (see included Floor Plan).

According to Goodwin (2013, p. 481), the law focuses on protecting the most vulnerable children from influences by adults. Carol is a short, plump girl with mercury-red long hair that tumbles over her shoulders. She seems to have a cheerful and elegant character. In addition, the little girl has a shapely figure since she appears to be in her early adolescence stages. According to Xiaorong (2016, p.375), her figure is shapely, with a wasp waist and glossy skin. She has arched eyebrows, velvety eyelashes, soothing blue eyes, shiny white teeth, sea-nymph ears and a dainty nose. In addition, she has pouting lips and a soothing voice. On that day, she wore gothic clothes that well displayed her amazon figure. The clothes still kept captive of an aroma like that is produced by fresh mint or the smell of a redolent of cinnamon.                                               Police responded to the scene early Saturday morning (01/10/16) after the club manager phoned the police. The lady was found lying totally nude on the bed, and blood traces were found on the bed (see crime photos). It is estimated from police interviews with Mr. David (see Appendix B) that the rape took place on Friday, September 30, 2016, between 9:45 and 12:30 am (see included Timeline). On looking at their identification cards, they share a common surname and originate from the same state. With those details, it is clear that they belong to the same extended family. According to Yanni, (2016, p. 533), sexual violence has been prevalent in the past years and stigma following it has been documented.

Next to the crime room is an onsite bathroom. It is believed, from the location of the bloodied underwear, (left on the floor between the bed and the onsite) and the blood in the bathroom, the offender attempted to penetrate Ms. Carol severally, removed her underwear’s, dropped them on the floor, and then took a shower. According to Wirtz et al. (2016, p. 14), the medical reports, the injury suffered by the victim shows that there was swelling and bruising to the child’s genitals and small amounts of ‘tearing’ to the anus. Bruising and tearing on the plaintiffs’ genitals is a clear indication that there was rape. Even though rape is defined differently, a David is guilty of rape because he engaged in sex with a female who is not his wife. In addition, from the evidence of the case, he used the threat of force, injured the body seriously, and caused extreme pain like for the situation above. Yanni, ( 2016, p. 533)  explains that the rules governing consideration, in this case, are; first, when a person is rendered unconscious and unknowingly engages in sexual act with another person without knowledge, is termed as forcible rape. The action mostly occurs without the basic understanding or permission of the victim. Secondly, when a defendant has engaged in sexual act with a girl who has not attained the age of majority or attempts to do so, is called statutory rape.

Lack of defensive wounds on the defendant may be indicative of Ms. Carol being unconscious at the time of the rape. According to medical experts, Ms. Carol’s genital wounds were clearly separated and the borders of the wounds were regular as shown in the medical report (see Appendix A), indicating the victim was not moving at the time of the attack. With regard to this, Statute-based definitions for sex crimes have fallen short despite great reforms having been made. Some of the areas in which they lack include plaintiffs’ state of mind at the time the act occurred. Like in the case above, the wine might have made the victim unconscious and impaired her judgment hence might not have known what was happening. Another area is that the ages of the two differ widely. The victim is a minor while the perpetrator is a major.

After gaining consciousness, the detective measured the sexual assault by use of screening questions with the victim and the perpetrators at different points. According to Wirtz et. al (2016, p. 16), he also consulted with the nurses and confirmed that the little girl was forced due to injury she suffered. There were blood spots all over her clothes too, and some traces were found in the clubroom floor, bed, and bathroom where the act occurred. The victim happened to leave the underwear’s which he used as evidence for this case. Nature of tortious liability asserts that when a breach of a duty primarily fixed by law occurs, two questions arise. First, whether the defendant is liable. In this case, the defendant should be liable because there is clear evidence on the case. Secondly, whether the plaintiff should be compensated or not. Yanni (2016, p. 533) states that the case study above clearly shows that the plaintiff suffered damages and thus should be compensated by the defendant. Intention determines the above fault, the reason being that the defendant was aware of the consequences that would follow his act. Knowledge of potential danger does not constitute a conclusive defense. With all these, a serious remedy should be taken by either monetary compensation or any other court order. Below are the crime scene photos

 

Offender Profile

Name: David Bruce

Gender: Male. In the United States, from 2005 to 2016, most of the rape cases in the United States involve male perpetrators and female victims.

Date of birth: 20/05/1992, aged 23.

Ethnicity: Hispanic in origin

Physical features/appearance: With regard to (Mo et al. 2016, p. 8), he is5’ 11” tall,

Muscular; brown hair; blue eyes; wearing jeans and a flannelette shirt.

Relationship status: Mr. David is a cousin to the victim,

Prior convictions: None. Twenty-four percent of rape offenders have no prior convictions (Dobash, Dobash and Cavanagh 2009, 206).

Employment: Builder for Espy Builders.

Education: Mr. David left secondary college after year 10 to commence his trade

Other relevant family and relationship history: Mr. David’s parents are divorced, and his mother is deceased. Mr. David told police his parents divorced when he was 12 years old and, before this,           his parents had a very unstable and abusive relationship. According to Dobash, Dobash, and Cavanagh (2009, 207), almost 57% of male rape offenders come from broken families.

The rape intention is seen after David buys the little girl many alcoholic drinks. In addition, after speaking with the club manager, Mr. Jesse (see Appendix C), it was discovered that Mr. David and Ms. Carol had close relations. However, by his admission, alcohol-fuelled Mr. David’s actions (see Appendix B).Lastly, as can be seen from the interview excerpt (see Appendix B), Mr. David did not deny raping Ms.  Carol. Again, Mr. David does appear to offer justifications for his actions and blame Ms. Carol for driving him to commit sexual Assault

References

Conroy, A, & Scassa, T 2016, ‘Balancing Transparency and Accountability with Privacy in      Improving the Police Handling of Sexual Assaults,’ Canadian Journal Of Women & The Law, 28, 2, pp. 342-373.

Dobash, Rebecca E. and Russell P. Dobash. 2011. “What were they thinking? Men who murder an intimate partner.” Violence Against Women 17 (1): 111-134. Accessed August 19, 2014.

Goodwin, M 2013, ’30 Years of Comparative Institutional Analysis: A   Celebration Of Neil Komesar: Law’s Limits: Regulating Statutory Rape Law’, Wisconsin Law Review, 2013, p. 481.

Mo, C, Xia, T, Qin, K, & Mo, L 2016, ‘Natural Tendency towards Beauty in Humans: Evidence from Binocular Rivalry’, Plos ONE, 11, 3, pp. 1-14.

Wirtz, A, Alvarez, C, Guedes, A, Brumana, L, Modvar, C, & Glass, N 2016, ‘Violence against children in Latin America and Caribbean countries: a comprehensive review of national health sector efforts in prevention and response’, BMC Public Health, 16, pp. 1-16.

Xiaorong, L 2016, ‘Beauty without Borders: A Meiji Anthology of Classical Chinese Poetry on Beautiful Women and Sino-Japanese Literati Interactions in the Seventeenth to Twentieth Centuries’, Journal of the American Oriental Society, 136, 2, pp. 371-395.

Yanni, SJ 2016, ‘Experts as Final Arbiters: State Law and Problematic Expert Testimony on Domestic Violence in Child Custody Cases,’ Columbia Law Review, 116, p. 533.

 

 

 

Appendix A

Medical Report
Massachusetts General Hospital,
Clinical number: 132412 Date: 01/10/2016                Practitioner: Alice Silas

Name of the Patient: Carol Jones    Gender: Female

DOB: 19/04/2003                                               Date of rape: 30/9/2016

Address: Unit 5 Number 4 James Street, United States

Clinical Tests: blood and urine samples

RESULTS                                                                                                                                                            

Blood test: blood clots

Urine test: sperm traces

Alice Silas

Alice Silas

Medical Practitioner

 

 

 

 

2.

3.                  Appendix b

4.                  Excerpt of Police Interview with Mr David

 

Date: 01/10/2016                Time: 10:53am

Detective Justin: hello, you admit having visited the downtown club with your cousin carol jones?

Mr. David: Yes.

Detective Justin: Do you also admit that you raped Ms. Carol?

Mr. David: …Yes.

Detective Justin: What can you tell me about the last night?

Mr. David: Fuck… umm… well it started yesterday morning. Carol requested that we go visiting the downtown club after afternoon classes, have some fun and then get back home at mid-night. I gladly accepted the request. After visiting the club, we had some drinks, and later, stuff happened……

Detective Justin: What do you mean by, “Stuff happened”?

Mr. David: I just looked for accommodation in one of the club rooms, and carried her there…

Detective Justin: What happened after you went up the room?

Mr. David:  we slept for like an hour, then I woke up only to find this pretty lady beside me, . on looking at her  curvaceous body, I felt …mmmhh… Horney, lost self-control…..mmm….then got on her. I just did it by force.

Appendix C

5.                  Excerpt of Police Interview with Mr. Jesse

 

Date: 01/10/2016                Time: 08:45am

Mr. Jesse: Yes, they came here and order for many drinks. At first, I thought they were a couple. Their behavior did not surprise me.

Detective Justin: Why were you not surprised, Mr. Jesse?

Mr. Jesse: Ohhh, I overheard David call her sort of names like sweetheart, darling, honey…..therefore I could not suspect they were not in a relationship or married either

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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