2/16/2015

Intro to Criminal Law

Assignment # 2

In the Criminal Justice System, Case Law is the law that is established by the
outcome of former cases. Based on the case law previously found in the Brown v. State,
and Miller v. State the defendant Bianca Bjorne, should not be accountable for some of
the issues at stake. In the Bianca Bjorne case, she was tried and convicted of reckless
driving, possession of a controlled substance and failure to properly insure her
automobile.
The first issue that the defendant raised was The defendant should not have been
convicted of reckless driving, because there was insufficient evidence that she acted
voluntarily. In the case, Bianca was excessively speeding reaching the incriminate of 100
mph. In this situation, Bianca struggled with Joe to regain control of the car, being said,
this shows that she acted involuntarily. Involuntarily states, that a bodily movement that
is otherwise not the product of the effort or determination of the actor, either conscious or
habitual.

The second issue that the defendant filed an appeal against was The defendant
should not have been convicted of possession of a controlled substance, because there
was insufficient evidence that she constructively possessed the marijuana found in her
car. Being that the marijuana was found in plain view by the officer the defendant
should be convicted of possession of a controlled substance. Constructive Possession is

defined as the illegal item is within ones control, but not in his/her actual physical
control.

The third issue that the defendant lifted was The defendants license should not
have been suspended, because she is new to this country and did not know that the law
required her to have auto insurance. In the statute Motor vehicle liability insurance
required: it reads, The operator or owner of a motor that is driven on a highway, road, or
other public property in the state, shall be insured under a motor vehicle liability
insurance policy. Ignorance of the law is no excuse for an individual to be pardoned from
legislation.

Both questions, two and three, are found to be unlawful by the reason that she
constructively possessed the marijuana and also she was liable to have insurance, which
is required, by the state. The first issue that had concern is lawful and has reason to be
overturned by the defendant being that her actions were involuntary.