Who is a Victim?

Case 1

Based on the facts of the case, Sam would be charged with homicide. As a result of Sam’s act of felony in destroying the property two people lost their lives. According to Mississippi’s felony murder rule if a person is killed due to the negligence or act of felony of an individual they must be charged with manslaughter. Whether or not the suspect had an intent to hurt another person would not be taken into consideration. For example if a person commits a robbery and kills a person while in the process of committing the crime they would be charged with manslaughter. Although the individual only had the intention of robbing the store the death caused by the act would result in an increased charge, and strict prison sentences. The same law applies to this case in which an act of arson results in death. In this case the victims are the people who died in the apartment due to the fire.

Case 2

According to Mississippi’s statute on domestic violence, Sally would be considered the victim and Tom would be guilty of domestic violence. Regardless of Sally’s action that resulted in Tom’s retaliation she would still be considered the victim. For example a husband who beats his wife could state to the officers that she caused him to hit her by not doing the laundry. The status of their relationship as just boyfriend and girlfriend does not discount the charge of domestic violence. Mississippi’s statute considers individuals who are in a dating relationship to be included under the domestic violence statute. As the state defines the dating relationship clearly within the document. The officers would also have to arrest an individual regardless of whether Sally wanted to press charges due to the issue of domestic violence in the relationship. Tom could be charged with having to do time in jail as well as receiving domestic violence counseling. In this case Sally is a victim as she was hit by Tom despite her actions that may have caused the event.

Case 3

Jimmy cannot be charged with burglary as the home that he was breaking into was his own. According to the Mississippi statute, a person can only be charged with breaking and entering if they are entering a property that they do not own. Had Jimmy been breaking and entering a home or even a vehicle that he did not own he could have been charged with breaking and entering. In order to prove his innocence Jimmy would need to demonstrate to the police officers that he owns the property or is legally renting the property. This could be demonstrated by showing the officers a copy of his lease or mortgage agreement.  Jimmy is not a suspect in this case rather he is a victim of a mix up from his neighbor thinking that he is a burglar committing a crime. 

Case 4

Danny would not be considered guilty of committing forgery, or identity theft, as he was given permission to sign her name by Beth. They are also married could and have the same bank account. The issue of permission matter in cases of forgery in the state of Mississippi. According to Mississippi statutes on forgery the issue of intent matter as well as permission. It would need to be determined whether a person was intentionally deceiving someone through forgery to take their personal property. For example had Danny forged her name on a check-in order to steal money from her he could be charged with forgery. Danny would need to demonstrate that he had Beth’s permission through verbal or written consent. This could be done through a written signed note or a voice recording where she states that she is giving her permission. This case is one where there is no victim or suspect.