CJA354 Criminal Law Paper

Apr 7th, 2015
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Locate a recent criminal Supreme Court case you find interesting. Provide a brief summary and properly cite the case. Write a 700- to 1,400-word paper in which you answer the following questions: · What interested you about this case? · What are the sources, purposes, and jurisdictions of the criminal law related to this case? · What is accomplice liability and criminal liability? How does it relate to the case? · What is the difference between the various elements of crime, including actus reus, mens rea, and concurrence? How do they relate to the case?

Word Count: 809
Showing Page: 1/5
Criminal Law PaperNameCJA354DateProfessorCriminal Law Paper In the case of Lafler vs. Cooper the criminal defendant was charged under Michigan law with assault with the intent to murder and two other charges involved with the case. The defendant was offered a plea deal by the prosecutor where the additional two charges would be dropped and the defendant would receive a 51-to-85-month sentence. Instead of accepting the plead deal Lafler took the advice of his lawyer and rejected the plea deal. Lafler's lawyer advised him that is the prosecutor could not prove murder if he could not establish an intent to kill. The defendant's lawyer falsely claimed that since Lafler aimed below the waist when firing his gun he did not intend to kill the victim and could not be found guilty of murder. As a result of rejecting the plea deal offered by the prosecutor the defendant, Lafler, was found guilty of the crime of assault with the intent to murder and sentenced to 185-to-360-month. This was almost triple the sentence he would have received had he accepted the plea deal offer from the prosecutor. The criminal defendant appealed his conviction claiming his council's advice was ineffective because he had misled him concerning Michigan law. The attorney told Lafler he could not be found guilty but this was not the case. The lawyer was mistaken about the law. In fact the intent to kill is not a necessary aspect of the crime assault with the intent to murder

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