Essay
ChickenWing915
CriminalLawUnit12.docxCriminal Law
UNIT 1 Journal
If you were a member of a jury that was hearing a case of negligent homicide against a physician for a medical misdiagnosis, would you have any preconceptions about either the law or the medical profession that might influence your verdict?
Unit 1 Case Study
· For this assignment, you will explore the concept of stare decisis and whether it is an inexorable command. Click the link to access “Is Stare Decisis an Inexorable Command?”, and write a case study that answers, at a minimum, the questions listed below.
· What does the court mean when it says "Stare decisis is not an inexorable command; rather it is a principle of policy and not a mechanical formula of adherence to the latest decision"?
· What would it mean for the American system of criminal justice if stare decisis actually was an "inexorable command" or a "mechanical formula of adherence to the latest decision"?
Your case study will be a minimum of two pages in length, not counting the title and reference pages. (Your response to each question should be roughly 250–300 words.) Your case study should present an insightful and thorough analysis with strong arguments and evidence.
You are required to use at least two outside resources, one of which may be your textbook. All resources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Your case study, including all references, will be formatted in APA style.
Unit 2 Journal
Click the link to read the handout, and answer the questions below.
Do you believe that a medical misdiagnosis should be considered a crime? Why, or why not?
Unit II Essay
1. Read “What Constitutes the Corpus Delicti of an Offense?”, and answer the questions below.
a. How can the corpus delecti of robbery be demonstrated? How can it be demonstrated for theft?
b. Why did the court conclude that, "In this case, the evidence does not conclusively establish that Hoke's purse was taken forcibly from her. The evidence does, however, support an inference that she was robbed"?
2. Read “For Purposes of Criminal Attempt, What Constitutes A ‘Substantial Step’ Toward Commission of the Targeted Offense?”, and answer the questions below.
a. Do you agree that the girls had taken a substantial step toward the commission of a targeted offense?
b. What test does the court establish for Tennessee to determine whether a substantial step has been taken?
c. Would your answer be different if Tennessee used the last-step test or the physical proximity test? If so, how?
d. Do you think that the court, in using common law rules of construction, modifies the legislative enactment?
e. Is the court using its judgment to replace that of the drafters of the statute? Explain your answer.
3. Read “Can a Private Corporation be Held Liable for the Crime of Homicide?”, and answer the questions below.
a. In this case, McIlwain School Bus Lines, Inc. argued that the offense of homicide by vehicle could not be committed by a corporation. On what grounds did the corporation base its arguments?
b. Why did the court conclude that a corporation was a "person" for purposes of the law? How was such a conclusion reached?
c. What are the potential legal ramifications of granting the status of "person" to a corporation?
Your essay will be a minimum of two pages in length, not counting the title and reference pages. Your essay should contain a clear introduction and be well organized.
You are required to use at least two resources to support your essay, one of which may be your textbook. All resources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Your essay, including all references, will be formatted in APA style.
