| Criminal Law Procedures Essay
There are a number of elements that must be taken into consideration during a crime for it to be called an offense. The elements are the facts that must be proven so that a suspect is convicted for committing a certain crime. Before a judge finds a suspect guilty of a crime that he is being accused of, it is the role of the prosecutor to present substantial evidence required to convict the suspect/defendant.
In the case of Eldon, there are many allegations that the suspect can be charged with in a court of law. In this context, Eldon is being suspected of committing a number of crimes, in particular the attack that has led to the death of Kate. In order to decide the type of accusations that police can charge Eldon with, it is important to first look at the case facts. To start with, Kate was coming from class and on her way home she is attacked by a man who tries to rape her. She manages to get rescue from the man by herself. But after running for some meters, a gang of men surrounds her and what followed is not known to her. She later regained conscious in the hospital where she narrated all the accounts of the things that happened to her. After explaining the incident she went into a comma. She died later after four months. Going by the facts from the case, there are a number of charges that police may bring against the accused.
There are two accounts of charges that the police can bring against Eldon. These include murder and rape. To start with the account of rape, Eldon, according to the police statement given by Kate, attempted to rape her by tearing her clothes off. The act of the suspect attempting unstrip Kate means that he intended to rape his victim and should be charged with committing an offense of rape. The police have substantial evidence that they can present to the Office of the Prosecutor to bring the suspect to conviction of the crimes that he committed. The evidence that the prosecutor can provide is the account where Eldon tried to tear the clothes of Kate. This means that he had malicious intentions of raping the lady. The act of attempting to tear her clothes without her consent means that Eldon wanted to have sexual intercourse with the deceased against her will.
Eldon in the case where he is accused of committing a crime of rape has good grounds to base his defense on. Initially, there is no clear evidence that can be used to justify that the description that was given by the deceased of the person who committed the inhuman act of rape was Eldon. He can dispute that the prosecution side is arguing from a point of mere speculation that he may be the one who committed the crime. There is no tangible evidence that the description given by the deceased truly fits him. There is no forensic evidence that the police have over him taken from the crime scene that can directly link him with the crime he is accused of. Therefore, constructing a counter argument using the information given above can help Eldon to provide a defense that can help him win the case of committing rape crime he is accused of.
Additionally, the police can incriminate Eldon murder charges. Despite their acts with those who Eldon committed the crime with did not directly lead to the death of Kate, the act of raping her leaving near unconscious directly led to her death four months after recording the statement with the police officers. Therefore, the police have substantial grounds on which to bring murder charges against the suspect. They can argue that the act of the accused together with others indirectly resulted in the death of the deceased. The deceased suffered serious body injuries that resulted into her going into a coma for months and, eventually, to death.
The accused in this case can develop a defense based on the same accounts in the first case. Firstly, he can admit that he committed the crime that resulted in the body injuries and develop a defense where he will be fighting the capital offense he is being accused of. The defendant can argue that there is no direct link that can lead the prosecution team to believe that his crime of rape caused the death of the deceased. Thus, it would be ungrounded for the prosecutor to argue that he and others killed the deceased. Given that there is no medical records that prove that the accused rape crime resulted into the death of Kate, his counter argument may enable him to win the case. Secondly, he can argue that there is tangible evidence that links him with the two crimes, namely, rape and murder.
Elements of Criminal Law Procedures
There are a great many elements that must be meet in a criminal law procedure. These are the facts that the prosecution team must provide to prove that the accused person committed the crime and that he is alleged to have committed. It is the role of the prosecution team to provide substantial evidence that truly show that the accused person committed the crimes in question. In the case of Eldon, where he may be charged by the police for murder and rape crimes, the police must provide evidence that will directly link the accused with the account of crimes that he committed. It is, thus, important to consider the elements of criminal law procedure and the police must ensure that they are there as they bring charges against Eldon.
The mental state is one of the elements that must be taken into account by the police as they bring charges against the accused. The police must provide evidence as to the mental state on the time when the accused committed the crime he is accused of, this is what is known as the guilty mind. The mind of the accused must be guilty of what he committed. Therefore, the law enforcement agencies have to prove beyond reasonable doubts that the mind state of the accused at the time of the crime was right, his mental state was sound and he was quite aware that what he was doing was unlawful. For instance, in the case of Eldon, the police need to prove that the accused committed the crime of rape when he was in sound mind state. His mind must be proven by the prosecution team that is guilty of the crime that he is being accused of committing.
The second element that should be taken into account by the prosecution team is the element of conduct. All acts of crimes require there to be actus reus. The criminal act that the accused is accused of committing must have occurred and his conduct proved the crime he is accused of committing. It is important that the police prove that the accused actually committed the crime and not to be accused on mere thoughts of intending to committing the crime. The prosecution team should, therefore, provide evidence that shows that the conduct of the accused was contrary to the rule of law. Thus, there must be substantial evidence that can stand trial to prove that the accused committed the crimes he is being charged with. For example, in the case of Eldon, the police must prove that the conduct of the accused was contrary to the rule of the land. The conduct of the accused that led to rape must be proven that it amounted to breaking the law that is in place. The accused must give an instance where the accused tried to tear the clothes of the deceased as evidence to show that the accused conduct was not according to the law of the land.
Another important element of criminal law is the concurrence. The state of mind and conduct must have taken place at the same time. This is where the prosecution team must prove that criminal intention existed and, the intent resulted to the accused behaving in an unlawful way. For example, if the prosecution team is to make Eldon convicted of the crime he committed, they must prove that concurrence of the conduct and state of mind occurred. This will show that the accused was aware that his act of raping the deceased was unlawful.
Finally, criminal procedure law state that the prosecution team must prove that causation occurred. This is a state where the plaintiff suffered an injury as result of the defendant committing crime that he is accused of. Thus, in the case of Eldon the police must prove that causation existed. Eldon act of raping the deceased resulted in bodily harm beyond any reasonable doubt.
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