Criminal Chapter Assignments Essay

1. explain the purposes or rationales for retaliatement and the arguments in favor of from each nonp areil rationale. Include a dealion ab expose current trends in punishment. two main purposes Retribution & Prevention. Retribution looks back to past crimes and punishes individuals for committing them, be antecedent its repair to hurt them. Prevention looks forward and inflicts pain, non for its own sake, but to anticipate future crimes. in that respect ar four kinds General deterrence, Special deterrence, incapacitation, and rehabilitation. Since the mid-1980s, reformers defecate championed retribution and incapacitation as the primary purpose of abominable punishment.2. Explain the kinship between the general and special(a) parts of woeful law. General principles that fancy to to a greater extent than one crime. Special explains particular(prenominal) crimes and arranges them into groups according to subject matter. The special part of criminal law specializes s pecific crimes, according to the principles set out in the general part. Four groups Crimes against somebodys, Crimes against property, Crimes against public order and morals, and Crimes against the state. Pg. 153. Explain the text-case method including the reason for its name. excessively explain the two reasons for applying criminal principles and definitions to specific cases. Text-case method meaning its part text and part excerpts from criminal law cases speci completelyy edited for non-lawyers. Two reasons first, it dishs you understand the principles and the elements of specific cases secondly, stimulates you to mean critically about the principles and their applications.4. Define, describe, compargon, and contrast common-law crimes and statutory crimes. Be surely to entrust examples. Common law crimes are made by adjudicate and statutory crimes are made by legislature. Most juristic powers beat travel away from common law to statutory crimes. Many crimes are both co mmon law and statutory. Common-law crimes create problems and fair notice, Statutory crimes do not. Pg. 16Chapter Three5. Define, compare, and contrast constructive, actual, unadulterated, and crafty stubbornness. Be sure to grant an example of each. Constructive possession gist 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 cope what you possess. Example, if you moderate to carry your booster amplifiers 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 buy 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 re us, is the personal element in a crime. We punish people for 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 criminality? give an example. Explain why you equalize or disagree with this principle. Manifest criminality is the requirement that mental attitudes have to turn into deeds for a crime to be commited. It leaves no uncertainness about the criminal nature of the act. Caught red handed. I agree with this principle be typeface 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. Describe the circumstances in which omissions and possession are treated as acts. The two kinds of criminal omission Failure to notify and failure to intervene. They are criminal omission only if defendants had a legal duty, not just a moral duty, to act. If you are demand by law to report things such as, an accident reporting child twist around filing an income tax return registering afirearm or notifying familiar partners of positive HIV status, then these can be considered acts.9. Define, compare, and contrast the nigh(a) Samaritan principle and the American bystander rule. Which rule is dominant in the United States? Which rule is best? Explain your position. close Samaritan doctrine, which imposes a legal duty to religious service or call for help for imperiled strangers. American bystander rule is in that locations no legal duty to rescue or summon help for someone whos in danger even if the bystander risk of infections nothing by helping. Only a few 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 save or prevent someone from be subjected to a crime or death, you have a moral responsibleness to do something. To stand by and do nothing should be a crime, as if you allowed the crime or harm to happen.Chapter Four10. Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the mannikin Penal label? Be sure to discuss the debate everywhere whether to call mistakes a defense. Mistake is a defense whenever the mistake prevents the organisation of any fault-based mental attitude Namely, Puposedly, Knowingly, Recklessly, or Nigliently. Mistakes are sometimes called a failure-of-proof defense because defendants usually present enough evidence to raise sightly doubt that the prosecution has proved 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 carnal knowledge to the other? The MPC specifies that all crimes requiring a mental element have to intromit one of these degrees of culpability Pu rposely having the conscious object to commit crimes. You did it on purpose. Knowingly the state of knowing and awareness it is enough that Im aware that its practically certain that my conduct will cause the bad result.Applies to conduct crimes, awareness is clear. Recklessly Awareness.. in playacting recklessly, its awareness of causing 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 deliberately or knowingly. The MPC proposes that fact finders determine recklessness according to a two-pronged essay. The test has both a subjective and on objective component. Negligently Also about creating risks. The test for negligence is totally objective, namely, that the actors should have known, 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. Wha t are exacting liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position. Minor crimes where theres liability without either subjective or objective fault. tight liability crimes makes accidental injuries a crime. The prosecution has to prove only that defendants act a voluntary criminal act that cause harm. Supporters argue that there are first, theres a strong public invade 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 seriously 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 designer to get a convic tion? What are intervening causes and how do they ingrain a defendants responsibility? Be sure to provide examples. Prosecutors have to prove former beyond a reasonable doubt. Proving causation requires proving two kinds of cause Factual cause & Legal cause. Intervening cause is an event that comes between the initial act in a chronological sequence and the end result. The event as well as the resulting injury must(prenominal) have been unforeseeable to a reasonable person. Example neighbor A asks Neighbor B to store an expensive exposure in their garage. Neighbor B agrees. Neighbor Bshome catches fire and the painting is destroyed.14. It would be inappropriate to refer to criminal law, as if it were a homophile(a) 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.Grading CriteriaDepth of analysis (i.e. content, quantity, and quality)Grammar, spelling, sentence structureCitations that align to the Uniform Bluebook of Citations (refer to http//www.law.cornell.edu/citation/)Submit your responses as an MS Word history DueSunday of this week by 1159 PM (EST)