Huge Quantity of Heroin Seized in Bronx - Term Paper Example

Huge Quantity of Heroin Seized in Bronx The Individuals (The Accused) In April four persons were arrested in connection with the seizure of huge quantity of heroin, in Bronx. Amongst the men apprehended by the legal authorities are Luis Lara and Jose Polo, both of them aged twenty eight, and considered to be the key members of the concerned gang. The law enforcing officials stated that the movements of both these men, just prior to this major raid, are further strengthening the aspect that they indeed are active members of the criminal group in question. (1) (Hunter Walker, April 9, 2010) The Crime The press release dated April 9, 2010, stated that, subsequent to a raid on an apartment based at Parkchester, and which led to the arrest of the above - mentioned persons, heroin worth $1 million was confiscated. The raid was conducted by Special Narcotics Prosecutor’s Office and the Bronx Narcotics Major Case Squad of the New York Police Department. The legal officials conveyed that this particular apartment in question (Apartment 1L of 2112 Starling Avenue), has been housing the operations related to processing and distribution of heroin. (1) (Hunter Walker, April 9, 2010) The authorities discovered that, just few days prior to this raid, Luis Lara travelled between Newark Liberty International Airport and JFK Airport, and returned to Bronx, immediately thereafter. Also, Jose Polo, along with the other two gang members, was apprehended just near the apartment while he was having possession of about 3,000 glassines of heroin. This operation vividly focuses on the alarming proportions to which the criminal activities of narcotics have reached, in Bronx. (1) (Hunter Walker, April 9, 2010) New York Penal Law- The Charges framed against the accused The men arrested in this particular operation would be booked for various charges, including those related to other offences linked to their primary operation of narcotics processing and distribution. But two of the main charges against them would be Criminal Possession of Controlled Substances and Criminal Sale of Controlled Substances, as per the New York Penal Law. Depending on pertinent facts of individual cases, the punishments of these crimes vary from a simple fine to imprisonment for a duration extending to more than a decade. (2) (Crotty Saland LLP, 2010). But in this particular case, as the arrested men are a part of a well- organized criminal gang, there is a very small possibility of the eventual punishment being on the milder side. As a matter of fact, it would not be an exaggeration in maintaining that the accused, in all probability, would be handed over a severe sentence. However, it needs to be conceded that the final punishment in the case would rely on various vital factors such as other facts of the case and the defense, to cite a few. Actus Reus and Mens Rea Before focusing on the aspect of the defense, an understanding needs to be obtained about the two Latin Terms –Actus Reus and Mens Rea. This is of utmost relevance for thoroughly appreciating the likely possibilities of this particular case. Actus Reus, which means a “guilty act”, refers to the actual act that is punishable by the Criminal Law. On the other hand, Mens Rea, whose meaning is “guilty mind”, refers to the actual intention in the mind of the person, while committing that act. To elaborate further, there could also be acts that are against the law and hence become punishable, but the intention in the mind of the doers is not to carry out any crime. In the US, the law prosecutes people solely for acts that are carried out with criminal intentions. (3) (Sue A. Sponte, ND). The following example enables in aptly comprehending the meaning of the two Latin terms. A person “A” casually presses the trigger of a gun, under the impression that it is not loaded. But accidentally, another person “B” gets shot and dies, as the gun actually was a loaded one- the fact, about which, “A” was not aware. Here, though the act of pressing the trigger is against the law (Actus Reus), yet, “A” was in no way having any nefarious intention (Mens Rea). For an accused to be given maximum possible punishment, as per the relevant law, both Actus Reus and Mens Rea need to be proved. In cases where the “Guilty Mind” is not established, the accused is either let off with minimal punishment, or sometimes, even acquitted. (3) (Sue A. Sponte, ND) In this particular case, there is every possibility that both Actus Reus and Mens Rea would be established by the prosecution, as it (the case) involves federal offences. Here, it could be stated that, along with the other arrested persons, both Luis Lara and Jose Polo were fully aware (“Guilty Mind”) about the fact that their narcotics operations (“Guilty Act) are tantamount to a very serious crime violating the Laws of the land. Defense As is the case with every arrested person in the US, even in this present case, the accused persons have every right to utilize the services of defense attorneys. Here, it is of utmost relevance for Luis Lara and Jose Polo, and also the other arrested men, that they hire the services of vastly experienced and highly competent defense attorneys. This is so because, the crimes for which they have been brought to book are tantamount to violation of Federal Laws of the US, and it could result in the most severe form of punishment. And in light of that, the defense is necessitated to be handling the case with utmost dexterity in ensuring that the accused are awarded minimum possible punishment, if not acquittal. Similarly, presence of a capable defense attorney also keeps open the option of obtaining a bail. Simultaneously, it also needs to be candidly admitted that, here, the job of the defense attorneys would be rather tough, as all the four accused men were almost caught red- handed, during the aforesaid raid at Bronx. Nonetheless, the accused are provided with full opportunity of defending themselves, as the same is guaranteed by the Laws of the US. It needs to be noted that Luis Lara, who is alleged to have headed the heroin operation, was assisted by Jose Polo and the other two men. Therefore, the aspect of Accomplice Liability also comes into play, in this particular case, and the same further toughens the job of the defense. (4) (Tilem & Campbell, 2010). SOURCES 1) “Major Heroin Bust in Bronx Called a Sign of a Growing Problem”, bronxink.org/2010/04/09/6823-major-heroin-bust-in-bronx-called-a-sign-of-a-growing-problem/, Internet, Hunter Walker, April 9, 2010. 2) “Drug and Narcotics Crimes”, new-york-lawyers.org/lawyer-attorney-1315917.html, Internet, Crotty Saland LLP, 2010. 3) “The difference between actus reus and mens rea and what it means to the criminal justice system”, helium.com/items/698957-difference-between-actus-reus-and-mens-rea-criminal-justice, Internet, Sue A. Sponte, ND. 4) “Drug and Narcotics Crimes”, tilemandcampbell.com/lawyer-attorney-1312353.html, Internet, Tilem & Campbell, 2010. Read More