Criminal Chapter Assignments Essay

1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion most current trends in punishment. Two main purposes retaliation & Pr featureion. Retri moreoverion looks back to past crimes and punishes individuals for committing them, because its right to hurt them. Prevention looks precedent and inflicts pain, not for its own sake, but to prevent future crimes. There atomic number 18 four kinds General deterrence, circumscribed deterrence, incapa source, and rehabilitation. Since the mid-1980s, reformers have championed retribution and incapacitation as the pristine purpose of savage punishment.2. Explain the relationship amid the world(a) and especial(a) parts of miserable uprightness. General tenets that apply to more than one crime. Special explains specific crimes and arranges them into groups according to subject matter. The special part of deplorable honor defines specific crimes, according to the princi ples set out in the general part. quadruple groups Crimes against persons, Crimes against property, Crimes against exoteric order and morals, and Crimes against the state. Pg. 153. Explain the text-case method including the reason for its name. overly explain the 2 reasons for applying criminal principles and definitions to specific cases. Text-case method meaning its part text and part excerpts from criminal jurisprudence cases specially edit for non-lawyers. Two reasons first, it supports you understand the principles and the elements of specific cases secondly, stimulates you to figure critically about the principles and their applications.4. Define, describe, comp be, and separate common-law crimes and statutory crimes. Be sure to erect examples. Common law crimes are do by judges and statutory crimes are made by legislature. Most jurisdictions have moved away from common law to statutory crimes. Many crimes are both common law and statutory. unwritten crimes create problems and fair notice, Statutory crimes do not. Pg. 16Chapter Three5. Define, compare, and production line constructive, actual, mere, and keen leave behindpower. Be sure to provide an example of each. Constructive possession means items not on my person but in places I control, for example, my car and apartment. Actual possession means items on me, such as marijuana in my pocket. Mere possession means you dont know what you possess. Example, if you agree to carry your friends briefcase that you dont know is filled with stolen money, or drugs, youve got mere possession of the money or drugs. Knowing possession means possessors are aware of what they possess, so if you deal meth and know its meth, you have knowing possession.6. Explain the importance of the general principle of actus reus. Be sure to discuss the three purposes served by the principle of actus reus. The importance of the general principle of Actus reus, is the physical element in a crime. We punish people fo r what they do, not who they are. There are three elements of criminal liability consist of1. Conduct that is,2. Without jurisdiction and3. Without excuse.7. What is the principle of manifest wrong? Provide an example. Explain why you agree or disagree with this principle. unmingled criminality is the requirement that mental offices have to turn into deeds for a crime to be commited. It leaves no doubt about the criminal nature of the act. Caught red handed. I agree with this principle because if I think about killing my neighbor it is not a crime unless I act on it.8. Identify and define the two kinds of criminal omission. notice the circumstances in which omissions and possession are treated as acts. The two kinds of criminal omission Failure to report and failure to intervene. They are criminal omission only if defendants had a legal responsibility, not just a moral duty, to act. If you are required by law to report things such as, an accident reporting child abuse filing a n income tax slip by registering a firearm or notifying sexual partners of positive HIV status, indeed these can be considered acts.9. Define, compare, and contrast the cracking Samaritan tackle and the American bystander rule. Which rule is dominant in the United States? Which rule is best? Explain your position. Good Samaritan doctrine, which imposes a legal duty to help or call for help for imperiled strangers. American bystander rule is theres no legal duty to rescue or summon help for someone whos in danger even if the bystander risks nothing by helping. Only a hardly a(prenominal) jurisdictions follow the Good Samaritan rule, nearly all follow the approach of the American bystanders rule. I believe in the Good Samaritan rule, because of morals alone. If you can assuage or prevent someone from being subjected to a crime or death, you have a moral obligation to do something. To stand by and do nothing should be a crime, as if you allowed the crime or deterioration to happen.Chapter Four10. prove what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense. skid is a defense whenever the mistake prevents the formation of any fault-based mental attitude Namely, Puposedly, Knowingly, Recklessly, or Nigliently. Mistakes are sometimes called a failure-of-proof defense because defendants usually establish enough evidence to raise reasonable doubt that the quest has prove that they formed the mens era required for criminal liability.11. What are the four types of culpability in the Model Penal Code? Be sure to provide examples. What are the levels of culpability of each relative to the other? The MPC specifies that all crimes requiring a mental element have to include one of these degrees of culpability advisedly having the conscious object to commit crimes. You did it on purpose. Knowingly the state of knowing and s entience it is enough that Im aware that its very much certain that my conduct will cause the bad result. Applies to conduct crimes, awareness is clear. Recklessly Awareness.. in acting recklessly, its awareness of cause the result itself.Reckless people know theyre creating risks of harm but they dont intend, or at least dont expect, to cause harm itself. Conscious risk creation isnt as blameworthy as acting purposely or knowingly. The MPC proposes that fact finders mend recklessness according to a two-pronged test. The test has both a innate and on objective component. Negligently Also about creating risks. The test for disregard is totally objective, namely, that the actors should have cognise, even though in fact they didnt know, they were creating risks. Put into another way A reasonable person wouldve known she was creating the risk.12. What are exact liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think the re should or should not be strict liability crimes? Explain your position. Minor crimes where theres liability without each subjective or objective fault. Strict liability crimes makes accidental injuries a crime. The prosecution has to prove only that defendants committed a voluntary criminal act that cause harm. Supporters argue that there are first, theres a strong public interest in protecting public health and safety, and secondly, the penalty for strict liability offenses is almost alway mild. Critics say its too easy to expand strict liability beyond offenses that badly endanger the public. I believe that to punish people that did not harm other people by one of the four MPC culpability, shouldnt be enforceable. Strict liability opens up a river of sue happy people.13. What does the prosecution have to prove with regard to source to get a confidence? What are intervening causes and how do they affect a defendants responsibility? Be sure to provide examples. Prosecutors ha ve to prove causation beyond a reasonable doubt. Proving causation requires proving two kinds of cause actual cause & Legal cause. Intervening cause is an event that comes between the initial act in a sequence and the end result. The event as well as the resulting injury must have been unforeseeable to a reasonable person. Example populate A asks Neighbor B to store an expensive painting in their garage. Neighbor B agrees. Neighbor Bs home catches fire and the painting is destroyed.14. It would be contrary to refer to criminal law, as if it were a singular entity. Why is this? Discuss all that criminal law really includes in the U.S. There are 52 criminal codes in our federal system. The 52 codes defines specific crimes and their punishments that will apply to people within their jurisdiction. There are difference in some of the definitions and the punishments from state to state. There are more similarities than difference though. marker CriteriaDepth of analysis (i.e. con tent, quantity, and quality)Grammar, spelling, sentence structureCitations that conform to the Uniform Bluebook of Citations (refer to http//www.law.cornell.edu/citation/)Submit your responses as an MS Word Document Duesunshine of this week by 1159 PM (EST)