Crimes and criminal law

Table of Contents Introduction Crimes against the Person: Murder Crimes against the person: Violence Common Law Defenses Conclusion Reference List Introduction There are various types of crimes committed around the world ranging from economical, political, social and crimes against humanity just to name but a few. In order to deal with these crimes and ensure a secure world, different countries have enacted laws regarding to the crimes in their constitutions. Advertising We will write a custom research paper sample on Crimes and criminal law specifically for you for only $16.05 $11/page Learn More Therefore, facts on crimes and decisions of the judge is referenced from the constitution, which prescribes the nature and extend of the punishment or fine awarded to an individual found guilty of an offense . As a basic revelation to a world often simplified by many, the detailed explanations delved into prove a sure way to pass some real practical and cri tical thinking putting one ahead of the populous concerning common law trivialities. It is in this light that, taking a look at the most known yet controversial subjects in the constitution and criminal law will in no way become an effort in futility. The paper seeks to address the issue of crimes against persons ranging from murder to violence further highlighting on common law defenses. Crimes against the Person: Murder There exist various crimes considered as against humanity or persons. One of such crime is murder. Constitution defines murder as an unlawful killing of another person with ‘malice aforethought’. As one of the most reported crimes, its statistics are well documented. Different countries further classify murder in different forms as entrenched in their land laws. First-degree murder being a one to one murder in which a death sentence is administered. Nevertheless, for one to be convicted of murder, there stands the need for a prove beyond reasonable d oubt that one intentionally killed a fellow human by means of lying in wait for their victim, poisoning or by any other premeditated action. Other states however stretch the description to include special circumstances such as killing a law enforcement officer, a witness to a crime, a judge and/or where he/she kills more than one person. Murder in the first degree usually carries a death penalty in the states that include capital punishment in their set of rules and a life imprisonment sometimes without the possibility of parole in those that do not. The other form of murder is felony murder also referred to as second-degree murder. The crime covers those who conspire to commit murder also when â€Å"killing occurs in about or as part of an underlying transaction† (Alison Lawrence, 1993, p.58). One of the parties in the conspiracy has to attempt to carry out the crime for a conviction to occur. Advertising Looking for research paper on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The punishment for this crime varies from state to state: most often a life sentence and in some cases long prison sentences. Worthy of note is the fact that some first-degree murders considered as ‘regular’ might fall under this category. Another example of a crime against humanity is manslaughter. In such cases, there stands the need for sufficient evidence from the accused to prove that the death of a person was not murder but manslaughter. Manslaughter, though a murder, the accused faces slightly lenient punishment as opposed to murder because manslaughter refers to a situation where killing proves unintentional. It can be voluntary or involuntary. Manslaughter is punishable by prison sentences, which may vary in length. Sometimes acquittal proves the case especially when the act turns involuntary. Other classifications of murder include infanticide and suicide. Infanticide I results when an infant is killed within twenty-four hours of it being birthed. The perpetrator is usually the mother. In the past, this was classified as homicide but in the recent past legislation has been sought to distance it from homicide and make it a separate crime with a lesser prison sentence for the mother. Suicide however proves a bit tricky because most of the times it involves a person taking their own life, thereby making it hard for a conviction. It may also take other forms such as a suicide pact and mass suicide both of which are handled differently depending on the legislation put in place. Familiarizing oneself with what each murder entails is vital to avoid unnecessary generalization without considering the grounds in which it occurred. Crimes against the person: Violence Crime against a person or rather violence forms one of the forms of crimes that cause physical harm to the victims either visible or invisible. Violent crimes may take various forms all the way from assault to rape and child molestation. According to Allison and Lawrence (1993, p.43) rape proves one of the most controversial and misunderstood form of violence against humanity. Advertising We will write a custom research paper sample on Crimes and criminal law specifically for you for only $16.05 $11/page Learn More In rape, victims are forced to engage in sexual act without their consent. Rape proves a difficult crime to prosecute and obtain conviction because of the difficulty involved in ascertaining the level of force used by the attacker even in the presence of DNA evidence (Wright Scott, 1997, p.232). It gets even harder if the victim knows the attacker or they both had a prior relationship. Nevertheless, measures have been put in place to ensure that victims are not subjected to the stigmatization when they seek justice. For example, â€Å"shield laws†, initiated in the 1990 has ensured that victims do not take part in court proceedings (Davenport, 200 9, p.20). The accused in rape cases usually defend themselves that the sexual act was consented. Other violent crimes are those committed to the innocent and defenseless. They take the form of child abuse and neglect, child molestation and child pornography. All respective states have taken it upon themselves to put in place bulletproof legislation to protect the rights of children. One of such initiatives is a law allowing listing and closely monitoring all known sex offenders (The Wetterling Act). The internet has also proved to be quite a playground for sex predators prompting a number of amendments to the existing laws in order to keep up with these developments. Another common form of violence is that of domestic nature. Domestic violence refers to an abusive behavior from either partner in an intimate relationship including friends, family members or cohabitation. Very few cases of this form of violence are reported as statistics put the figures under 2 per cent. Given a num ber of cases degenerate to spousal homicide, the laws put in place against this vice are designed to encourage the victims break their silence before it’s too late for example the advent of mandatory arrest leading to more prosecutions (Lawrence, 1992, p. 23). Assault is another form of violence charged in the courts. American common law defines assault as attempting to carry out battery. It is usually a misdemeanor unless there is a police officer involved in which case it is aggravated to a felony. Some jurisdictions define assault as a physical contact with another person without his/her consent (Smith, 2009, p. 402). The crime of assault requires both perpetrator and victim to be human and in cases where the attack comes from animals, suing for assault is not permitted.Advertising Looking for research paper on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Common Law Defenses The Fifth Amendment guarantees due process to be followed when one is indicted for a crime. A defendant may raise a defense in either civil proceedings or criminal prosecutions to avoid liability. There exist an array of defenses worth putting across to counter accusations leveled against persons and if reasonable, they will see exonerated. One of these is justification defense where the said act is justifiable. For instance, when one argues they did not commit murder rather their actions were in self-defense. However, deadly force can only be in retaliation and one always has the option of withdrawing from the fight. Retreat should be in complete safety if one chooses to do so. The battered woman syndrome (Donald, 1996, p. 32) stands out also as a form of justification defense. When a defendant argues that they committed an act out of serious fear or under duress, then they are raising the duress defense. For this to be the case a defendant must have incurred s erious bodily harm or death, the harm must exceed harm caused by the crime, must have a no way out and must have gotten into the situation through no own fault. Insanity defense is raised when the accused is not liable for their actions were because of mental illness or defect (Anne, 1997, p. 597). It may also take the form of temporary insanity where the accused acts on an irresistible impulse charge. It may be hard to convince a jury of this defense due to the likelihood of misuse and the complexities that abound. Other common law defenses include capacity defense where lack of capacity to control one’s actions is argued, infancy defense to be raised by minors who argue their inability to tell right from wrong, intoxication defense raised by those who agree to have been voluntarily intoxicated when committing an act. Competency to stand trial defense ensures defendants permanently or temporarily avoid trial if they have health issues Conclusion In conclusion, crime and cr iminal law stands out as a wide area of study. There exists different types of crimes and every country has set up its own rules and punishments against different crimes committed in its territories. It is of a paramount importance that citizens understand nitty-gritty of these in order to stand a better chance when these crimes are committed against them. Reference List Allison, J., Lawrence, W. (1993). Rape: The Misunderstood Crime. Newbury Park, CA: Sage. Anne, M. (1997). Criminal Law. New York: The Foundation Press. Davenport, A.U. (2009). Basic criminal law: The constitution, procedure, and crimes. Upper Saddle River: Pearson. Donald, A. (1996). More than Victims: Battered Women, the Syndrome Society, and the Law (Morality and Society Series). Chicago: University Of Chicago Press. Lawrence, S. (1992). Policing Domestic Violence. New York: Free Press Smith, H. (2009). Criminal Law, 9th Ed. New York: Oxford university press. Wright, R., Scott, D. (1997). Armed Robbers in Action : Stickups and Street Culture. Boston: Northeastern University Press. This research paper on Crimes and criminal law was written and submitted by user Braylee Conley to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Biography of Egon Schiele, Expressionist Artist

Biography of Egon Schiele, Expressionist Artist Austrian artist Egon Schiele (June 12, 1890- October 31, 1918) is best known for his expressionistic- and often sexually explicit- depictions of the human body. He was a successful artist in his time, but his career was cut short by the Spanish flu pandemic. He died at age 28. Fast Facts: Egon Schiele Occupation: ArtistKnown For: Sexually explicit paintings that shocked audiences and pushed the boundaries of the art world.Born: June 12, 1890 in Tulln, Austria-HungaryDied: October 31, 1918 in Vienna, Austria-HungaryEducation: Academy of Fine Arts ViennaSelected Works: Kneeling Nude with Raised Hands (1910), Self-Portrait with Chinese Lantern Plant (1912), Death and the Maiden (1915)Notable Quote: Art cannot be modern. Art is primordially eternal. Early Life Born in Tulln, Austria, on the banks of the Danube River, Egon Schiele was the son of Adolf Schiele, a station master for the Austrian State Railways. Trains were the subject of many of Egons early drawings as a child. He was known to spend many hours drawing and avoiding other topics in school. Egon Schiele had three sisters: Melanie, Elvira, and Gerti. Elvira often modeled for her brothers paintings. She married Schieles friend, the artist Anton Peschka. Schiele was close to his sister Gerti, the youngest child of the family; some biographical accounts suggest that the relationship was incestuous. Schieles father died from syphilis when the artist was 15. Schiele became a ward of his maternal uncle, Leopold Czihaczek. With the change of households, Schiele experienced support for his interest in art. In 1906, he enrolled at the Academy of Fine Arts Vienna. Career Beginnings In 1907, a teenage Egon Schiele sought out the famed artist Gustav Klimt, the founder of the Vienna Secession. Klimt took a keen interest in Schiele and bought his drawings while also introducing him to other patrons. Schieles early works show a strong influence of art nouveau and the style of the Vienna Secession. Klimt invited Schiele to exhibit his work at the 1909 Vienna Kuntschau. Schiele encountered the work of many other artists at the event, including Edvard Munch and Vincent van Gogh. Shortly after, Schieles work began to explore the human form in a sometimes sexually explicit manner. His 1910 painting Kneeling Nude with Raised Hands is seen as one of the most important nude pieces of the early 20th century. However, many observers at the time considered Schieles frank sexual content disturbing. In later years, Schiele distanced himself from Klimts ornate art nouveau-inspired aesthetic. Instead, his works began to take on a dark, emotional feel, emphasizing the intensity of human psychology. Arrest and Controversy From 1910 to 1912, Schiele participated in a wide range of group shows in Prague, Budapest, Cologne, and Munich. He founded the Neukunstgrupped (New Art Group) as a rebellion against the conservative nature of the Academy of Fine Arts Vienna. The group included other young artists such as Austrian expressionist Oskar Kokoschka. In 1911, Schiele met 17-year-old Walburga Neuzil. Neuzil lived with Schiele and served as a model for many of his paintings. Together, they left Vienna for Krumau, a small town that is now part of the Czech Republic. It was the birthplace of Egons mother. The couple was driven out of the town by local residents who disapproved of their way of life, including the fact that Schiele hired local teenage girls as nude models. Schiele and Neuzel moved to the small Austrian town of Neulengbach, about 35 kilometers west of Vienna. Egons art studio became a gathering place for local teenagers, and in 1912, he was arrested for seducing a young underaged girl. Police searching the studio seized more than one hundred drawings considered pornographic. A judge later dropped charges of seduction and abduction but convicted the artist of exhibiting erotic works in places accessible to children. He spent 24 days in jail. Schiele painted Self-Portrait with Chinese Lantern Plant in 1912. Historians consider it one of his most significant self-portraits. He depicted himself staring at viewers in a confident fashion. It avoids an idealized view of the artist by showing lines and scars on his face and neck. It was exhibited in Munich in 1912 and now resides in Viennas Leopold Museum. In 1913, the Galerie Hans Goltz produced Egon Schieles first solo show. He had another solo exhibition in Paris in 1914. In 1915, Schiele decided to marry Edith Harms, a daughter of middle-class parents in Vienna. He reportedly expected to also keep his relationship with Walburga Neuzil, but when she found out about the intent to marry Edith, she left, and Schiele never saw her again. He painted Death and the Maiden in response to the split with Neuzil, and he married Edith on June 17, 1915. Military Service Schiele avoided signing up to fight in World War I for nearly a year, but three days after his wedding, authorities called him to active duty in the army. Edith followed him to Prague, the city where he was stationed, and they were allowed to occasionally see each other. Despite his military service guarding and escorting Russian prisoners, Schiele continued to paint and exhibit his work. He had shows in Zurich, Prague, and Dresden. Due to a heart condition, Schiele received a desk job assignment as a clerk at a prisoner of war camp. There, he drew and painted imprisoned Russian officers. Final Years and Death In 1917, Schiele returned to Vienna and co-founded the Vienna Kunsthalle (Art Hall) with his mentor, Gustav Klimt. Schiele painted prolifically and participated in the Vienna Secessions 49th exhibit in 1918. Fifty of his works were displayed in the main hall of the event. The exhibition was a rousing success. In 1918, the worldwide Spanish flu pandemic struck Vienna. Six months pregnant, Edith Schiele died of the flu on October 28, 1918. Egon Schiele died three days later. He was 28 years old. Legacy Egon Schiele was a crucial figure in the development of Expressionism in painting. Schiele painted a phenomenal number of self-portraits and executed more than 3,000 drawings. His works often have stark emotional content in addition to the frank study of the human body. He worked alongside both Gustav Klimt and Oskar Kokoschka, other key Austrian artists of the era. Schieles short yet prolific art career, the sexually explicit content of his work, and the allegations of sexual misconduct against the artist himself have made him the subject of multiple films, essays, and dance productions. The Leopold Museum in Vienna has the most extensive collection of Schieles work: over 200 pieces. Schieles work draws some of the highest contemporary prices at auction. In 2011, Houses With Colorful Laundry (Suburb II) sold for $40.1 million. In 2018, the 100th anniversary of Egon Schieles death inspired significant exhibitions of his work in London, Paris, and New York. Source Natter, Tobias G. Egon Schiele: The Complete Paintings, 1909-1918. Taschen, 2017.