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GUN DIGEST
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12/30/24
Location Importance And Crime
Location Importance And Crime
When looking to buy a house, the location of the house is very important. Most people want to buy a home in a decent neighborhood, as they have the intention to remain at their home for many years to come. If someone is planning to buy a home strictly for the resale value, then the location will prove to be even more important. The resale factor of a home is very dependant on the location, simply because someone wouldn't want to buy a home that wasn't in a decent neighborhood.
When buying a home, the general rule of thumb is to purchase a home that will appeal to a large number of potential buyers. To do this, you'll need to look at the location of the home. The community is very important, especially in terms of crime. If you buy a home in a neighborhood that is well known for crime you'll more than likely have difficulty when you try to sale. Bad neighborhoods generally spark little to no interest. These days, people want to buy homes in the best possible neighborhoods that they can afford.
When buying your home, you should always narrow the choices down a few of the best cities around you. You'll want to buy your home in a community that has a very stable economy and plenty of commercial and business districts. This way, when you decide to sell your house, you can rest assured that your house is in a good selling area. You should also look at the crime statistics for the area as well. If the crime rate is high, you should look into another area.
You should also look into the local school system as well. Even though you may not have kids now, you should always think about the future. A home that is within a short distance to shopping centers and quality schools are always easy to sale. If you buy a home that is in a bad neighborhood and has poor schools, you'll quickly regret that decision. If you can't afford to purchase a home that is in a good location, you should work on your credit and save up some money until you are able to purchase a home that is in a desirable location.
Although the size of a home is important, the location is one of the most important aspects to buying a home. The location is important for those living in the home as well as the resale value. A home that is in a desirable location is always easy to sale, for the simple fact that the location speaks for itself. If you've been thinking about buying a home for the resale value - you should always make sure that you pay close attention to the location.
#crime #homeownership #safety
Protect Homes From Intruders
Protect Homes From Intruders
SAFETY AT YOUR FRONT DOOR
1. Never automatically open your front door. Make sure you know your caller's identity before admitting him.
2. If the person at your door is a stranger, ask for identification to be passed under
the door. If he is unable to do this, do not admit him.
3. It is advisable to have a wide angle viewer (peep-hole) in the door so that you can check a person's identity without unlocking your door.
HOME SAFETY
1. All doors in your home leading to the outside should have deadbolt locks.
2. When away at night, leave a light burning,
3. Do not leave a key over a door or under al mat.
The single lock on a garage door is inadequate to keep intruders from prying up
the opposite side and crawling in. Use a padlock. But never leave it unlocked.
This is an invitation to have the padlock removed so that a key can be made,
and the lock returned to its position. Later, the burglar returns when no one is
home and enters at his leisure, using "his" key.
S. Mark your valuables and keep an accurate record of all most valuable
possessions.
When leaving on a trip:
A. Stop all deliveries.
B. Connect a light to a timer.
C. Notify the police and have a neighbor check your home periodically.
D. Have someone maintain your lawn. Call a concerned neighbor. If you see a suspicious person, car or situation, contact the police.
SAFETY FOR THE APARTMENT DWELLER
1. If you live in an apartment building with an intercom system to the front door, make sure the landlord keeps it in operating order.
2. Never admit anyone unless you are expecting him or know him.
3. Never admit anyone to the building who is there to see another tenant or to deliver something to another apartment.
4. Anyone asking admission so that he can do some work for another tenant should not be admitted, but should be referred to the building manager.
5. If you see someone in your building who looks out of place or is acting suspiciously, contact the police.
#crime #safety
How Much Can You Sue For in a Wrongful Death Case?
How Much Can You Sue For in a Wrongful Death Case?
Negligent acts, failures to act, and deliberate conduct sometimes lead to injures so severe that the victim does not survive can be classified as “wrongful death.”
Seeking Justice for Your Loved One’s Death
Wrongful death is the most serious claim the Clauson Law Firm handles. The loss of life due to the negligence of another person is a tragedy that could have been avoided if only the wrongdoer acted with appropriate care.
Unlike other claims where a financial loss or property damage can be made right by the insurance company writing a check, no amount of money can compensate a spouse, a child, or a parent for the unnecessary death of their loved one. The only recourse we have to seek justice for wrongful death is to file a lawsuit seeking financial restitution from the person responsible for the death.
How much can you sue for? – North Carolina does not limit the amount
Every state has its laws regarding how wrongful death claims are adjudicated. In North Carolina, there are statutory rules that apply to all claims and lawsuits filed to recover compensation from the negligent or reckless party.
North Carolina has no cap on the amount you can recover in a wrongful death claim. The size of any settlement or money judgment is determined by all the facts and circumstances of the individual case.
How is the size of a wrongful death settlement determined?
The amount of a wrongful death settlement or a jury verdict is based on how these factors apply to the injury and death of your loved one.`
- expenses for medical care, treatment, and hospitalization
- the pain and suffering experienced by the decedent
- funeral expenses
- the monetary value of the decedent to the person(s) entitled to receive the settlement proceeds
- including the lost net income of the person who died
- value of the lost services, protection, care, and assistance of the decedent, whether voluntary or obligatory to the person(s) entitled to receive the settlement proceeds.
- value of the loss of the decedent’s society, companionship, comfort, guidance, and advice to the person(s) entitled to receive the settlement proceeds
- punitive damages the decedent could have recovered for the injury if they survived, and for their death, if caused through malice or willful or wanton conduct.
How much time do you have to sue before it’s too late?
The statute of limitation for a wrongful death claim in North Carolina is two years from the person’s death. But the statute of limitation for a personal injury lawsuit is three years.
That means that if the victim dies more than 12 months after suffering the injury that ultimately causes their death, the statute of limitation for the personal injury could run out before the wrongful death statute does. If the time runs out for a personal injury suit before the time to sue for wrongful death, then you are barred from filing the death claim, even if it’s less than two years from the date of death.
Sound complicated? That’s why the Clauson Law Firm’s experience is so valuable as your North Carolina wrongful death attorney. Our team of skilled lawyers, investigators, paralegals, and support staff are experts dealing with these complicated issues and exercising their professional judgment to protect you from missing deadlines or assessing your own family’s claims.
How can Contributory Negligence interfere with winning compensation?
North Carolina follows the legal theory called “Contributory Negligence.” Large insurance companies often try to block a plaintiff’s claim.
Under the contributory negligence law, if the decedent was negligent in the least during the incident leading to their injury or death, then no compensation or recovery can be obtained by suit against the party primarily responsible for the victim’s injuries.
The Clauson Law Firm team knows how to confront such an argument and how to protect your case from being harmed by an unfair claim that your family member contributed negligence to their injury and death.
There is also an exception to the rule. If the primary wrongdoer had the “last clear chance” to prevent the event causing the victim’s injury, then the decedent’s negligence may not be used to defeat the wrongful death claim. As you can see
#law #crime #wrongfuldeath #civillaw
Source: Free Articles from ArticlesFactory.com
ABOUT THE AUTHOR
The Clauson Law Firm is committed to serving America's Social Security Disability claimants, and clients injured by dangerous drugs. Clauson law also represents North Carolina's injured accident victims, by working to help secure the maximum compensation and highest benefits possible for every client
#justice #justicesystem #legal #litigation #wrongfuldeath
12/22/24
Human Trafficking
Help is available Speak with someone today National Human Trafficking Hotline Hours: 24 hours, 7 days a week. Languages: English, Spanish.
Learn more 888-373-7888
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#humantrafficking #crime
OPINION: Democrats OWN The Current Healthcare SITUATION
OPINION: Democrats OWN The Current Healthcare SITUATION
If they are mad now over the current Healthcare situation, they're really gonna be mad when the Medicare Reduction payments kick in due to the Inflation Reduction Act. Ya gotta read the SMALL PRINT.
Democrats make THINK they care about your Healthcare. They just wanna CONTROL your healthcare.
Remember, the people outraged the most who are willing to kill and applauding the CEO Killer are the same people who thought it was the way to go. Not a single Republican voted for the ACA or the Inflation Reduction Act. DEMOCRATS OWN THIS SITUATION.
WE TOLD YOU SO!!!
That UnitedHealthcare CEO came from basically nothing. He was from a town of less than 400 people. He worked the fields in Iowa. He graduated from the University of Iowa with Honors ... said to be at the top of his class.
And people are celebrating his death ...
He was in the process of making it easier for members to process their claims.
My Mother has UnitedHealthcare...
#UnitedHealthcare #CEOShot
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What we know about Luigi Mangione, suspect charged in UnitedHealthcare CEO's killing
12/18/24
SAFETY ON PUBLIC TRANSPORTATION
SAFETY ON PUBLIC TRANSPORTATION
1. While waiting for a bus or streetcar, stand near Others who are also waiting.
2. If the immediate area is deserted or in darkness, stand near an occupied building or in a lighted area until transportation arrives.
3. Once on a bus or streetcar, be aware of those around you. If someone looks or
acts suspicious notify the driver.
4. If the coach is empty or nearly empty, sit as far up front and as close to the driver as possible.
5. If someone begins to bother you, get up and notify the driver immediately.
6. Upon arriving at your stop, be aware of those who alight with you. If you feel you are being followed, go to the nearest occupied building and ask for assistance.
7. After dark, attempt to get off the bus in well-lighted areas. Use only well-lighted streets to reach your final destination.
AUTO SAFETY
1. Make certain your car is always in good working order, with safe tires and an adequate amount of gasoline for your planned trip.
2. Always check your car before getting in to make sure that no one is hiding inside.
3. If you have a garage, be sure you lock the door as you leave.
4. It is best to park in attended lots. If you must leave a key with the attendant, leave only the ignition key. In all other cases, lock your car.
5. Do not leave packages or personal items in open view in the car. Place them in the trunk.
6. At night park only in lighted areas.
7. If you are in danger of being harmed or grabbed while in your car, start sounding your horn until assistance arrives.
8. Never pick up a hitchhiker.
9. If you have a flat tire in an area you feel might not be safe, try to keep driving until you reach a safe location.
10. If you feel you are being followed, drive to the nearest police or fire station, or open filling station.
ELEVATOR SAFETY
1. Observe the elevator interior before entering. Wait until the next elevator if you are uncertain of any occupants.
2. Females riding the elevator alone should always stand near the control panel. If accosted, press ALL buttons.
3. If a suspicious person enters the elevator, exit before the door closes.
Before exiting from the elevator, observe the corridor for suspicious activity.
#travel #vacation #security #crime
12/17/24
Duke LaCrosse Accuser Admits Lying
Duke LaCrosse Accuser Admits Lying
The Lady [Stripper] who accused the Duke LaCrosse players of rape 18 years ago has admitted she lied. The players got a 20 Million Dollar/each, the prosecutor was disbarred for lying. She never was charged for perjury. However, she us in prison now for killing her boyfriend in 2011.
Sometimes you're better off alone.
#Duke #Rape #DukeLaCrosse #Crime
Woman who accused Duke lacrosse players of rape in 2006 now admits she lied
One-time accuser Crystal Mangum said she "betrayed the trust of a lot of other people who believed in me."
12/16/24
Criminology Views on Crime Exposed
Criminology Views on Crime Exposed
Criminology is a theoretical science that is used in order to try to explain not only the relationship between the criminal and society, but also the relation of judiciary committee in the social setting and the criminal element in the social setting as well. By looking at different pieces of the scientific puzzle, it is possible for many people to come up with theories to explain how society functions with crime, in response to it and as a means to perpetuate the crimes. Through these specific theories, it is possible for individuals to understand some different stances on how crime is created in a society and how a society may influence an individual's decision to commit a particular crime. In some cases, it is also used in order to determine how time and the general implications on moral and immoral behavior in a society. This can be one of the biggest considerations that are taken when a government is thinking about making an amendment to their laws.
For example, homosexuality was considered, for a long time, to be illegal within the United Kingdom, including England. However, what ended up happening in 1967 was that a law was passed that allowed individuals to act in homosexual ways if they chose to, but only if the individual was over the age of 21. This helps to expose that there was likely nothing wrong with the specific act, but the people of the time that viewed the act. This is how criminology approaches crime. They look at the specific crime, and then look to determine how society or laws may have affected the crime at that period of time. As a result, criminologists are able to use these crimes and examples in order to understand more fully how individuals react in a society when it comes to laws and regulations. Criminology does not study crimes and specific laws. Rather, they simply study the reactions between individuals that are exposed to this type of situation. This helps them to be able to accurately understand how society functions. Crime seems to be an inevitable part of society. If we can one day understand why this is so, we stand a better chance of being able to one day eliminate crime from different societies.
Criminology is a unique field because it does not try to eliminate crime conclusively right now. They understand that first it is necessary to research and understand how society and crime are interrelated in different societies. Once this is clearly understood, we can begin to eliminate the criminal elements within a society. Because there are so many different societies, and crime does not relate the same way in all of them, it is very important to make sure that blanket theories are not created in order to try to attack crime on all points within the world. Rather, there are different rules and structures that play within different areas and may affect crime. Criminology views crime as something that cannot be avoided at the current time, but perhaps could be at some point when we understand more about interactions between the community and the individual.
#crime #criminaljustice #Criminology
11/26/24
Visiting Mexico? Don't Be a Victim to Crime
Visiting Mexico? Don't Be a Victim to Crime
If you are planning a trip to Mexico, there are a number of important factors that you should first consider and prepare for. These factors are considered safety precautions. Traveling to Mexico is fun, but it can be also dangerous, especially if you don't know what to do or how to protect yourself.
When visiting Mexico it is important to register with the United States Travel Registry to ensure that the government knows that you are leaving the country. This is the first step to staying safe while in Mexico. In the event that you become the victim of a crime, you will receive immediate government assistance. When using the internet to register with the United States Travel Registry, be sure to leave a detailed itinerary of your plans on your computer.
You should also make sure that you leave information regarding your travel plans with a close friend, family member, co-worker, or neighbor. You are encouraged to make copies of your airline tickets, as well as your passport. You want to take a copy with you and leave another copy at home. This will help verify your location if something should go awry. You should also designate someone you know as your emergency contact.
Use common sense in the hotels, on busses, or walking in the streets of Mexico. Don't take taxicabs that you have just waved down on the streets. Many crimes are being reported of people who haven't previously arranged for taxis. You should also never carry large amounts of cash, flashy jewelry, or extra credit cards with you. When you are a tourist, shady people will already notice you and single you out. Be on the lookout for and avoid these individuals at all costs.
If you think that you know all there is to Mexico you are most often wrong. Public drinking is often shown in films as the norm, however this is a crime and you can be arrested for being intoxicated in public. You should also use caution when drinking in nightclubs or bars during the evening hours. People who wish to victimize tourists often drug them.
You should always use caution, no matter where you are. Despite being cautionary at all times, you should also use caution when traveling by bus and other forms of public transportation. You should always stay alert during nighttime travel and while traveling during busy bus hours. It is becoming more common for tourists to be mugged while riding on the busses in Mexico. The busses where these crimes are taking place are often the cheapest forms of travel. You may want to ride first class and have someone that you know and trust with you.
If you need help while in Mexico you should contact the United States Embassy. There is also a twenty-four hour hotline for the Mexican Ministry of Tourism. There is also a Mexican version of 911; it is 060 for Mexico City, and 066 for other areas of Mexico. This will put you in contact with Mexican officials immediately. There is also a Mexican Red Cross that will help if you are injured and need medical help. The Red Cross is free of charge and they will provide basic medical attention.
The above mentioned precautionary measures and important phone number are just a few of the many that you should know. Despite what you believe, staying safe while on vacation in Mexico shouldn't begin as soon as you arrive. You should start taking precautionary measures before you leave for your vacation.
#Mexico #Crime #travel #vacation
Firearms License Requirements For Firearms For Sale Business Owners
Firearms License Requirements For Firearms For Sale Business Owners
If you’re thinking of offering firearms for sale, or want to collect different types of guns, or fire arms, you have to get a federal gun permit first. The common firearms license requirements are discussed here so better read on.
There are different gun ownership rules and regulations from one state to another. If you are planning to open a shop that has firearms for sale, or want to be a curio or relic collector in the gun business, you are actually required to obtain the so called federal gun permit or the federal fire arms license (FFL). To learn more about the firearms license requirements or the FFL requirements, read and understand the following:
For one, you should be at least twenty one years old or older. Do not even think about faking your birth certificate during your application because for sure, the authorities will find out, and you may be banned from getting the license. A person thinking of owning a gun or engaging in the business of firearms for sale should also not have any record of violating the Gun Control Act, or should not have been prohibited by the court to possess fire arms or possess ammunition.
There are two types of forms that people applying for a federal gun permit could fill out. There’s the ATF form 7, also considered as the basic application form, and the ATF form 7CR which is the one handed out to a person interested in being a licensed relic and curio collector. Of course, one of the firearms license requirements is for you to fill out the form with genuine and with complete information. You should also submit all necessary FFL requirements such as your fingerprint specimen, a recent passport photograph, and so on.
Whether you wish to offer to other people different firearms for sale or you want to collect fire arms
Other firearms license requirements or FFL requirements that you should become aware of before you run a firearms for sale business include: notifying the Chief of Police in your area of your intention to apply for the permit and where the actual location of the business will be; proof that the location will be secure enough and would have safety devices not only for your own safety but also for the safety of the neighborhood you’re in; and so forth.
Source: Free Articles from ArticlesFactory.com
ABOUT THE AUTHOR
Karen Winton believes she is one of the best researchers and writers today. Learn everything you need to know about FFL from: Home Based FFL Kit. Know how to properly apply for a federal fire arms license. See: FFL Kit.
#crime #guns #firearms
11/25/24
11/22/24
HUMOR, FACTS, Women, the MILITARY, and AMMO!!!
HUMOR, FACTS, Women, the MILITARY, and AMMO!!!
On a Serious Note ...
5.56 AMMO Vs 7.62 AMMO
The 5.56mm and 7.62mm rounds are two of the most widely used calibers in military, law enforcement, and civilian firearms. They have distinct characteristics and applications. Here's a comparison:
1. Size and Weight
5.56mm NATO (5.56x45mm):
Smaller and lighter.
Easier to carry more ammunition (e.g., soldiers can carry more 5.56 rounds for the same weight as 7.62 rounds).
7.62mm NATO (7.62x51mm):
Larger and heavier.
Reduced capacity to carry large quantities.
2. Velocity and Range
5.56mm:
Higher velocity (~3,000 feet per second).
Flatter trajectory, making it effective at short-to-medium ranges (~500 meters).
Less effective at penetrating cover or targets at long ranges.
7.62mm:
Slower velocity (~2,700 feet per second).
Retains more energy at longer ranges (~800+ meters).
Better for long-range engagements and penetration.
3. Recoil
5.56mm:
Lower recoil, making it easier to control for rapid or automatic fire.
Ideal for lightweight rifles like the M4 or AR-15.
7.62mm:
Significantly higher recoil, requiring better shooter control.
Often used in designated marksman rifles, battle rifles, or machine guns.
4. Stopping Power
5.56mm:
Designed to wound rather than kill outright, reducing enemy manpower by requiring medical attention.
Smaller caliber, less penetration power against barriers.
7.62mm:
Larger caliber delivers more kinetic energy, better stopping power.
Superior penetration against hard targets or body armor.
5. Applications
5.56mm:
Standard for NATO infantry rifles (e.g., M16, M4).
Effective in urban and close-quarters combat.
7.62mm:
Standard for NATO machine guns (e.g., M240) and sniper rifles (e.g., M24).
Used for long-range and suppressive fire roles.
Summary Table
Feature5.56mm7.62mmWeight Lighter Heavier Range Short-to-medium (~500m)Medium-to-long
(~800m+)Recoil
LowHigh
Stopping Power
ModerateHigh
Penetration
LowHigh
Use Case
Infantry, CQBSniper, MG, Long Range
The choice between 5.56mm and 7.62mm depends on the mission requirements, environment, and specific weapon platform.
ChatGPT can make mistakes. Check important info.
ChatGPT says: The 5.56mm and 7.62mm rounds are two of the most widely used calibers in military, law enforcement, and civilian firearms. They have distinct characteristics and applications. Here's a comparison: 1. Size and Weight - 5.56mm NATO (5.56x45mm): - Smaller and lighter. - Easier to carry more ammunition (e.g., soldiers can carry more 5.56 rounds for the same weight as 7.62 rounds). - 7.62mm NATO (7.62x51mm): - Larger and heavier. - Reduced capacity to carry large quantities. --- 2. Velocity and Range - 5.56mm: - Higher velocity (~3,000 feet per second). - Flatter trajectory, making it effective at short-to-medium ranges (~500 meters). - Less effective at penetrating cover or targets at long ranges. - 7.62mm: - Slower velocity (~2,700 feet per second). - Retains more energy at longer ranges (~800+ meters). - Better for long-range engagements and penetration. 3. Recoil - 5.56mm: - Lower recoil, making it easier to control for rapid or automatic fire. - Ideal for lightweight rifles like the M4 or AR-15. - 7.62mm: - Significantly higher recoil, requiring better shooter control. - Often used in designated marksman rifles, battle rifles, or machine guns. 4. Stopping Power - 5.56mm: - Designed to wound rather than kill outright, reducing enemy manpower by requiring medical attention. - Smaller caliber, less penetration power against barriers. - 7.62mm: - Larger caliber delivers more kinetic energy, better stopping power. - Superior penetration against hard targets or body armor. 5. Applications - 5.56mm: - Standard for NATO infantry rifles (e.g., M16, M4). - Effective in urban and close-quarters combat. - 7.62mm: - Standard for NATO machine guns (e.g., M240) and sniper rifles (e.g., M24). - Used for long-range and suppressive fire roles. Summary Table | Feature | | | Weight| Lighter | Heavier | | Range | Short-to-medium (~500m) | Medium-to-long (~800m+) | | Recoil | Low | High | | Stopping Power | Moderate | High | | Penetration | Low | High | | Use Case | Infantry, CQB | Sniper, MG, Long Range | The choice between 5.56mm and 7.62mm depends on the mission requirements, environment, and specific weapon platform.
#Women #Facts #AMMO #Ammunition #Guns
11/7/24
Prevent Burglars and Burglary at Home
Prevent Burglars and Burglary at Home
Many burglars enter homes by simply breaking glass windows. A good deterrent is to have better quality glass installed at vulnerable points around the perimeter of your residence. Most burglars avoid attempting to break the following types of glass due to the fear of attracting attention:
LAMINATED GLASS is made by a vinyl or plastic interlayer sandwiched between two layers
of glass. This type of glass adds additional strength to your windows. To gain entry, a burglar would have to strike the glass repeatedly in the same spot in order to make a small opening. Most burglars are reluctant to create this type of noise for fear of being detected.
TEMPERED GLASS is made by placing a piece of regular glass in an oven, bringing it almost to the melting point and then chilling it rapidly. This causes a skin to form around the glass. Fully tempered glass is four to five times stronger than regular glass.
WIRED GLASS adds the benefit of a visible deterrent. Extra effort will be needed to break the glass and then cut through the wire located within the glass, in order to gain entry.
PLASTICS: Plastic material is divided into two types: acrylic or polycarbonate. The acrylics are more than ten times stronger than glass of the same thickness and are commonly called plexiglass. Polycarbonate sheets are superior to acrylics and are advertised as 250 times more impact resistant than safety glass, and 20 times more than other transparent plastic. With SLIDING WINDOWS the primary object is to keep the window from sliding or being lifted up and out of the track. There are many manufactured products available for securing windows. Here are some of the suggestions:
PINNED WINDOW ANTI-SLIDE BLOCK SLIDEBOLT: It is not recommended that you lock a window in a ventilating position. This is an invitation to a prying action which can result in entry. Key locking devices offer no real security, and they can be a fire exit hazard.
CASEMENT WINDOWS are the simplest to secure. Make sure the latch works properly and that the "operator" has no excess play. If so, replace the worn hardware.
DOUBLE HUNG WINDOWS latches may be jimmied open. If a window is not used, screw it shut (except bedrooms). For windows in use, drill a sloping hole into the top of the bottom window, through and into the bottom of the top window, and insert an easily removable pin or nail.
LOUVRE WINDOWS are bad security risks. Remove and replace with solid glass or other type of ventilating window. Or protect with a grate or grille (except bedrooms).
WARNING!! One window in every bedroom on the ground and second floor must be left available as a fire exit, particularly for children and guests in your home. At night, the bedroom window may often be the quickest and safest means of getting out. Because of the danger of fire, decorative grilles are not recommended on bedroom windows.
#crime #burglary
11/4/24
Criminalizing Attempted Crimes
Criminalizing Attempted Crimes
The criminal law is designed with a view to protecting the individual rights of the citizen and the health and well being of society as a cohesive unit. In this regard, it is responsible for setting the parameters of social conduct, and for ensuring consistent application of principle and doctrine across the board. One of the most controversial areas of the criminal law is undoubtedly its role in penalising criminal attempts. When one attempts criminal behaviour but does not complete it, should that person still be liable as a matter of public policy? What if a prospective criminal stops a second from shooting their victim, deciding not to follow through their criminal intent? Furthermore, should a criminal be penalised for trying to commit a crime that is factually impossible? In this article, we will consider each of these arguments and look at possible ways in which they could be more effective treated.
Criminal law usually concerns itself with punishing those who have committed wrongs against the person or against society, and this is generally very effective in ensuring a sense of lawful community and deterring the bulk of criminals in their actions. However, one of the most pertinent questions most legal systems face is when, if at all, to intervene in perfectly legal behaviour in aid to stop a crime from happening? Consider the example of a gunman looking to murder a close friend. He buys a firearm. Is he arrested at this point for attempted murder? He goes to a hill near his friend's house with the gun. Here? He takes aim and begins to squeeze the trigger? How about now? It is very tough to interpret the most advantageous point to intervene in potentially criminal behaviour. On one hand there is the threat of encroaching on civil liberties, whilst on the other there is an obvious threat to life and life, as well as property. Drawing the line has been particularly hard in recent times, and has caused government draftsmen a number of headaches in interpreting what the law should be.
Consider next the scenario of the thief stealing from an empty pocket. Mentally and physically he has committed sufficient acts to be convicted of the crime, but simply because there was no wallet to be stolen, should he walk free? Because there was no wallet, he could never be convicted of theft, but should he be liable in attempt? The answer in most jurisdictions is yes, but again this presents further complications. Say for example, you have a would-be drug dealer who buys a quantity of paracetamol. He sells these in the mistaken belief they are illegal – he could never be convicted of supplying controlled drugs, but could he be convicted on the grounds of his attempts? Most jurisdictions again say yes, with the rationale that dangerous people should be stopped in their tracks. Although a fair point, this kind of argument does not sit well in a modern context, particularly where civil liberties and human rights play such a big role in law internationally.
Additionally, the concept of abandonment is somewhat of a mixed bag, with some countries swinging one way and others another. Should the accused be allowed to drop his gun at the last minute and decide not to kill on this occasion? Alternatively, is the fact that he considered and made steps towards perpetrating a serious crime sufficient to attract liability and attribute blame? Courts across the world are intensely divided over this issue, even internally, given its particular conundrum in context. What is certain is that the criminal law may feel obliged to intervene in certain circumstances to prevent harm to their citizen, which would surely be a significant consideration in mitigation for wrongful arrest.
The concept of the law of attempts is highly interesting, and of particular note is the specific treatment across the world of both abandonment and illegality. Perhaps in an era of greater harmonisation, we will see more international authority on the application of these principles.
#crime #criminaljustice #Security
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