Solving a Murder Case Paper Example

The case needs thorough investigations to come up with a clear conviction on the guilty members of the two groups. Further, there needs to be a rule of the two gangs coming to an end so that more people are not killed mysteriously as a result of meaningless conflicts.

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The first step to take is to determine the ingredients of a crime and what offences are revealed by the conduct of the people of interest and so evaluate how criminal law can be used to deter gang violence. To convict a person of a crime, there is a need to produce evidence of guilty conduct (actus reus) accompanied by a guilty mind (mens rea). The actus reus, therefore, will help describe a defendant's actions or omissions to justify a court finding them guilty of the offence charged.

I will need to use the mens rea to define the state of mind a defendant who must have when engaged in the conduct element of the crime charged. A complete crime needs proof that the guilty act happened when a defendant had the requisite mens rea to justify imposing criminal punishment on them. As a general rule, people can only be held accountable for the crimes they commit (Regoli, Hewitt, & Kosloski, 2016). They are all equally liable for the consequences of committing the crime even though they weren't the actual people who did the crime charged. On the other hand, I will also determine the accessories who procured, encouraged or assisted the criminals to commit a crime.

The distinction between an accomplice and an accessory is therefore that an accessory is never physically present at a crime scene actively participating. The exception to this rule on accessories is those who are physically present close to a crime scene participating through omission such as a getaway driver in a bank robbery. Such a person is considered a constructive principal offender and may be charged as if they were an accomplice.

The measures that I would implement include banning these gangs from all the operations they undertake and making sure that they focus on motorcycle work only. In that case, I will create, implement and monitor their actions all over the area to prevent any form of violence (Tilley, & Sidebottom, 2017). I would also promote primary prevention responses where I encourage the residents of the area to report cases involving these individuals in case they threaten them on any occasion. Additionally, it would be important to keep up on crime trends and ensure I spread the word for any other affected people to report immediately.

Conclusion

As per the current situation, there is enough evidence to charge Alvin Smith with the murder of the death of a rival gang member because of the video recording. There is a need to establish who else was involved in the bar fight. Plea bargaining may be used to get Alvin Smith to be a states' witness against members of his own gang or to identify members of the rival gang involved in the bar fight in exchange for a less severe sentence. Alternatively, the police can use the video recording and eye witness statements to identify other people who were part of the bar fight. Forensic evidence can then be used to place them at the scene of the crime if they do not confess. The public prosecutor office can use the threat of felony murder charges to deter similar incidents of deadly gang violence. The public prosecutor office can use the threat of accessory liability charges to deter members of the rival gangs from encouraging, helping, or procuring each other to engage in violent attacks.

References

Tilley, N., & Sidebottom, A. (2017). Handbook of crime prevention and community safety. Routledge.

Regoli, R. M., Hewitt, J. D., & Kosloski, A. E. (2016). Exploring criminal justice. Jones & Bartlett Learning.