Walker v. State Case Study
In the case where Walker was driving an automobile with methamphetamine and drug paraphernalia (tinfoil) had was convicted on the two counts. I would definitely reverse the ruling based on the fact that not all the elements that constitute a crime were considered. First of all, Walker was not in the position to understand that he was driving a vehicle that was full of illegal and stolen substances. In this case, there was no intention to commit a crime on the part of Walker. In addition, in making criminal convictions are noted in the chapter judges are supposed to evaluate and link any available circumstantial evidence the point in issue. In Walker's case, the police even reported that the suspect cooperated with them throughout the process.
Fundamentally, in the event that Walker was aware of the fact that the automobile contained the drugs, he would have tried to escape the arrest or engage in behavior aimed at resisting the search and the subsequent arrest.
In criminal law, once the Actus Reus has been established, it ought to be evaluated in light of the prevailing circumstances. In point of fact, the automobile did not belong to Walker as the vehicle was owned by the
passenger (Ashworth and Horder 34). The ground that would have been relied upon in convicting Walker could have surfaced if the passenger, Darlene Ables escaped the arrest and the officers did not notice that the
automobile did not have two people on board.
However, in the case where one of the appellate court judges said that Walker had previous narcotics convictions, my opinion would change. Clearly, this would confirm that he was aware of the contents in the
vehicle he was driving. Also, it could be inferred that Walker was engaged in the business of selling and distributing narcotics. In the case of, Walker v. State, 72 S.W.3d 517, it was established that previous
convictions can be used to prove or disproof a point in issue (Ashworth and Horder 103).
Ashworth, Andrew, and Jeremy Horder. Principles of Criminal Law. Oxford University Press, …