Law Essay: Florance Hoke Case

Florance Hoke had called her niece to let her know that she was going to pick up license plates for her care. A few hours later her niece tried to call and get a hold of her and when Hoke answered the phone she did not know who she was so she went over to check on her. When she arrived she saw Hoke in the chair holding her head. Hoke niece then called 9-1-1. Hoke was very disoriented. Hoke was taking to the hospital where they discovered that she has been hit in the head with something leaving her with a head injury. Hoke’s purse was discovered missing.

When it comes to the corpus delecti of robbery, it can be demonstrated by eyewitness statements, confession of the defendant, video footage that is found can be used, finding the perpetrator in possession of the stolen items and even finding evidence at the crime scene that is left behind from the person that has committed the crime such as finger prints, hair or dna. It can be demonstrated as theft because you must first prove something was taken and that a crime has been committed. You must also prove that the person took it without permission. Sometimes it is simply your word against theirs. There was no evidence of force being used in taking the purse from Ms. Hoke and that the injury that the plaintiff had could have occurred due to an accidental fall so it is really hard for the detectives to know what really happened. Falling among the elderly is extremely common. The case didn’t support the inference that a crime of corpus delicti was committed. Corpus Delicti requires that there is proof of a crime and that it needs to be established before guilt can be proven beyond a reasonable doubt in the court case. It must be proven that a specific injury occurred and that injury was a result of the crime that was committed and in this case they couldn’t prove that a crime was even committed against Ms. Hoke.

Purposes of Criminal Attempt

Tracie Reeves, appealed a courts order that was designating her a delinquent child. She had tried to commit second degree murder. Yes, I agree that the girls had taking the substantial step toward the commission of a targeted offense. She not only planned this crime out, she also tried to involve other people with her attempt to poison the teacher. She almost did manage to carry out this crime. The model code is and later was adopted by the state. The model code contains examples of the conduct that would take substantial steps.

For the second question, “Would your answer be different if Tennessee used the ‘last step’ test or the ‘physical proximity’ test? If so, how?” Yes, my answer would be different if Tennessee used the last step test or the physical proximity test. I would feel different because if the court did use the last action, which would require the person accused to take the last step that person has performed that they intended and they were able to commit the crime. But for some reason if they were unable to complete the crime then it would be different.

The third question is “Do you think that the court, in using common law rules of construction, modifies the legislative enactment? Is the court using its judgment to replace that of the drafters of the statute?” Yes, I personally believe that the court really does modify the legislative enactment. The new code that the court tried to create was way different than the original code they had been put into place. This new code also helps prevent all types of crimes from happening at all in the first place. This legislations intent is not just to set rules about what can be called what, and what can be done with what but it also is to prevent crimes from happening in any situation at all in the first place.

“Can a Private Corporation be Held Liable for the Crime of Homicide?”

The first question that is asked is, “In this case, McIlwain School Bus Lines, Inc. argued that the offense of homicide by vehicle could not be committed by a corporation. On what grounds did the corporation base its arguments?” In the case, Mcllwian School Bus Lines based their grounds for arguments on there is that they are they have no liability for crimes that are based on the theory that is an entity. (New York Cent. And River R. Co. V. United States 212. U.S) The second question is “why did the court conclude that a corporation was a “person” for purposes of the law?” The court did begin to clary the reasoning that the company even thought that it would be covered by the non-liability that was a person and would be liable to the crime in itself. The crime would be manslaughter or murder if it did cause death because of their negligence in the matter.