Help with 3 assign and 2 replies due in 48 hours

Chapter3threeassgn.docx

Discussion Chapter 3: Constitutional Protections

1

Should Depictions of Animal Cruelty Be Protected by the First Amendment?

Congress enacted 18 U.S.C. § 48, which criminalizes commercial creation, sale, or possession of a visual or auditory depiction in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if that conduct violates federal or state law where the creation, sale, or possession takes place. In United States v. Stevens, 552 U.S. 442 (2010), the US Supreme Court held that this statute is facially overbroad and violative of the First Amendment. Specifically, the Court held that depictions of animal cruelty are entitled to First Amendment protection, and the statute is presumptively invalid because it is content based. In addition, the Court stated that the government’s interest in censoring this type of material is not compelling enough to outweigh the prohibition on protected speech and that the statute on its face included material that may have redeemed social value. The Court’s opinion is available at this link: http://www.law.cornell.edu/supct/html/08-769.ZO.htmlLinks to an external site. .

1. Do you think the First Amendment should protect material depicting animal cruelty? Why or why not?

2. What are some possible consequences of criminalizing this type of speech?

Exercise: Chapter 3: Constitutional Protections

Answer the following questions and make sure your response is 100 words or more for each.

1. Andrew is sentenced to death for torture. In Andrew’s state, there is an “eye-for-an-eye” statute that mandates punishment that mimics the crime the defendant committed. Pursuant to this statute, Andrew will be tortured to death. Is the state’s eye-for-an-eye statute constitutional under the Eighth Amendment? Why or why not?

2. Read Lockyer v. Andrade, 538 U.S. 63 (2003). What was the defendant’s sentence in Lockyer? What was the defendant’s crime? Did the US Supreme Court hold that the defendant’s sentence was constitutional under the Eighth Amendment?

3. Read Fierro v. Gomez, 77 F.3d 301 (1996). Did the US Court of Appeals for the Ninth Circuit hold that the gas chamber procedure in California was constitutional under the Eighth Amendment?

4. Read Gall v. U.S., 128 S. Ct. 586 (2007). In Gall, the federal judge departed from the US Sentencing Guidelines and imposed a sentence of probation because the defendant had reformed and rejected his criminal lifestyle. Did the US Supreme Court uphold this sentence? Why or why not?

Case Study: Chapter 3: Constitutional Protections

* Please make sure that your response is 100 words or more for each question/statement. *

Read the prompt, review the case, and then decide whether the issue is the defendant’s criminal act or criminal intent.

· Read State v. Andrews, 572 S.E.2d 798 (2002). In Andrews, the defendant took Prozac and Effexor for one day. The next day, the defendant ran his wife and her friend down with his car. After hitting both victims, the defendant jumped out of the car and stabbed his wife three times. He was convicted of attempted murder and assault with a deadly weapon against both victims. He appealed on the grounds that the jury was given an improper instruction as to his criminal responsibility for the crimes committed against his wife’s friend. Did the Court of Appeals of North Carolina hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://caselaw.findlaw.com/nc-court-of-appeals/1197459.htmlLinks to an external site. .

· Read State v. Sowry, 155 Ohio App. 3d 742 (2004). In Sowry, Ohio police arrested the defendant and brought him to jail. Before booking the defendant, the police asked him whether he had any drugs on his person. He responded “no.” The police thereafter searched him and discovered a plastic bag of marijuana in his pocket. The defendant was later convicted of knowingly conveying drugs onto the grounds of a detention facility. The defendant appealed and was successful. Did the Court of Appeals of Ohio hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2004/2004-Ohio-399.pdfLinks to an external site. .

· Read Regalado v. U.S., 572 A.2d 416 (1990). In Regalado, the defendant was convicted of animal cruelty for punching a puppy repeatedly in the face. The defendant appealed, claiming that he was merely “disciplining” the puppy. Did the District of Columbia Court of Appeals hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://scholar.google.com/scholar_case?case=10084482120424691457&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site. .

· Read State v. Slayton, 154 P.3d 1057 (2007). In Slayton, the defendant received a hunting permit, hired a guide, and thereafter shot an elk and carried it out of the area. The defendant’s hunting permit was valid in only a limited location, and the defendant shot the elk outside that location. The defendant was convicted of unauthorized hunting and transporting wildlife. The Arizona Superior Court vacated the defendant’s convictions, the state appealed, and the Court of Appeals of Arizona reversed. Did the Court of Appeals of Arizona hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://scholar.google.com/scholar_case?case=13377680343653410685&q= State+v.+Slayton&hl=en&as_sdt=2,5&as_ylo=2006Links to an external site. .

post2replies.docx

Drecya Post:

The word "energy crisis" is often heard in the news, although it does not indicate that energy is being generated or destroyed in violation of scientific principles; rather, it represents the complex problems surrounding the availability, distribution, and sustainability of energy supplies. As a cornerstone of physics, the idea that "energy can neither be created nor destroyed" denotes that the total energy of a closed system is always the same. However, the current energy crisis is the result of a number of critical problems. First, worries about future energy supply due to the depletion of limited, nonrenewable resources like fossil fuels have made extraction more difficult and costly. Second, climate change and other pollution-related side effects of using fossil fuels present serious challenges to long-term sustainability. Finally, global energy disparity contributes to the issue by widening existing social and economic divides. To fulfill the growing worldwide demand for energy and to lessen its negative effects on the environment and society, it is crucial to regulate energy consumption, reduce waste, and switch to renewable energy sources; therefore, the "energy crisis" in the media.

Tessa Post:

Based on the "core concept" for chapter 3, discuss why it is that we often hear people on the news talking about an "Energy Crisis".

· After reading chapter 3 of the textbook, the main concept was about energy and how they are used throughout the world as well as how it can affect the world positively and negatively. The reasoning behind the news talking about energy is because the world uses for example: fossil fuels like oil and gas which are being used for transportation. The news talked about how the supply of energy is decreasing but also the news tells about how using fossil fuels is affecting the earth's atmosphere and causing global warming. Then they give solutions like recycling and taking a bike to work.

In other words, why is there a crisis if "energy can neither be created nor destroyed"?

· Energy can neither be created nor destroyed” but the reference is not referring to the energy or fuel it provides. The reason for the energy crisis is because of a shortage of fossil fuel and this is where the crisis stems from.

What do you think energy is?

· I believe that energy is multiple things but mostly fuel and electricity. Without energy, the world wouldn’t have evolved. Today, we still use electricity and fuel for cars and without it, we would be doomed. Energy is a power source of our world and body.

Chapter3threeassgn.docx

Discussion Chapter 3: Constitutional Protections

1

Should Depictions of Animal Cruelty Be Protected by the First Amendment?

Congress enacted 18 U.S.C. § 48, which criminalizes commercial creation, sale, or possession of a visual or auditory depiction in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if that conduct violates federal or state law where the creation, sale, or possession takes place. In United States v. Stevens, 552 U.S. 442 (2010), the US Supreme Court held that this statute is facially overbroad and violative of the First Amendment. Specifically, the Court held that depictions of animal cruelty are entitled to First Amendment protection, and the statute is presumptively invalid because it is content based. In addition, the Court stated that the government’s interest in censoring this type of material is not compelling enough to outweigh the prohibition on protected speech and that the statute on its face included material that may have redeemed social value. The Court’s opinion is available at this link: http://www.law.cornell.edu/supct/html/08-769.ZO.htmlLinks to an external site. .

1. Do you think the First Amendment should protect material depicting animal cruelty? Why or why not?

2. What are some possible consequences of criminalizing this type of speech?

Exercise: Chapter 3: Constitutional Protections

Answer the following questions and make sure your response is 100 words or more for each.

1. Andrew is sentenced to death for torture. In Andrew’s state, there is an “eye-for-an-eye” statute that mandates punishment that mimics the crime the defendant committed. Pursuant to this statute, Andrew will be tortured to death. Is the state’s eye-for-an-eye statute constitutional under the Eighth Amendment? Why or why not?

2. Read Lockyer v. Andrade, 538 U.S. 63 (2003). What was the defendant’s sentence in Lockyer? What was the defendant’s crime? Did the US Supreme Court hold that the defendant’s sentence was constitutional under the Eighth Amendment?

3. Read Fierro v. Gomez, 77 F.3d 301 (1996). Did the US Court of Appeals for the Ninth Circuit hold that the gas chamber procedure in California was constitutional under the Eighth Amendment?

4. Read Gall v. U.S., 128 S. Ct. 586 (2007). In Gall, the federal judge departed from the US Sentencing Guidelines and imposed a sentence of probation because the defendant had reformed and rejected his criminal lifestyle. Did the US Supreme Court uphold this sentence? Why or why not?

Case Study: Chapter 3: Constitutional Protections

* Please make sure that your response is 100 words or more for each question/statement. *

Read the prompt, review the case, and then decide whether the issue is the defendant’s criminal act or criminal intent.

· Read State v. Andrews, 572 S.E.2d 798 (2002). In Andrews, the defendant took Prozac and Effexor for one day. The next day, the defendant ran his wife and her friend down with his car. After hitting both victims, the defendant jumped out of the car and stabbed his wife three times. He was convicted of attempted murder and assault with a deadly weapon against both victims. He appealed on the grounds that the jury was given an improper instruction as to his criminal responsibility for the crimes committed against his wife’s friend. Did the Court of Appeals of North Carolina hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://caselaw.findlaw.com/nc-court-of-appeals/1197459.htmlLinks to an external site. .

· Read State v. Sowry, 155 Ohio App. 3d 742 (2004). In Sowry, Ohio police arrested the defendant and brought him to jail. Before booking the defendant, the police asked him whether he had any drugs on his person. He responded “no.” The police thereafter searched him and discovered a plastic bag of marijuana in his pocket. The defendant was later convicted of knowingly conveying drugs onto the grounds of a detention facility. The defendant appealed and was successful. Did the Court of Appeals of Ohio hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2004/2004-Ohio-399.pdfLinks to an external site. .

· Read Regalado v. U.S., 572 A.2d 416 (1990). In Regalado, the defendant was convicted of animal cruelty for punching a puppy repeatedly in the face. The defendant appealed, claiming that he was merely “disciplining” the puppy. Did the District of Columbia Court of Appeals hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://scholar.google.com/scholar_case?case=10084482120424691457&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site. .

· Read State v. Slayton, 154 P.3d 1057 (2007). In Slayton, the defendant received a hunting permit, hired a guide, and thereafter shot an elk and carried it out of the area. The defendant’s hunting permit was valid in only a limited location, and the defendant shot the elk outside that location. The defendant was convicted of unauthorized hunting and transporting wildlife. The Arizona Superior Court vacated the defendant’s convictions, the state appealed, and the Court of Appeals of Arizona reversed. Did the Court of Appeals of Arizona hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://scholar.google.com/scholar_case?case=13377680343653410685&q= State+v.+Slayton&hl=en&as_sdt=2,5&as_ylo=2006Links to an external site. .

post2replies.docx

Drecya Post:

The word "energy crisis" is often heard in the news, although it does not indicate that energy is being generated or destroyed in violation of scientific principles; rather, it represents the complex problems surrounding the availability, distribution, and sustainability of energy supplies. As a cornerstone of physics, the idea that "energy can neither be created nor destroyed" denotes that the total energy of a closed system is always the same. However, the current energy crisis is the result of a number of critical problems. First, worries about future energy supply due to the depletion of limited, nonrenewable resources like fossil fuels have made extraction more difficult and costly. Second, climate change and other pollution-related side effects of using fossil fuels present serious challenges to long-term sustainability. Finally, global energy disparity contributes to the issue by widening existing social and economic divides. To fulfill the growing worldwide demand for energy and to lessen its negative effects on the environment and society, it is crucial to regulate energy consumption, reduce waste, and switch to renewable energy sources; therefore, the "energy crisis" in the media.

Tessa Post:

Based on the "core concept" for chapter 3, discuss why it is that we often hear people on the news talking about an "Energy Crisis".

· After reading chapter 3 of the textbook, the main concept was about energy and how they are used throughout the world as well as how it can affect the world positively and negatively. The reasoning behind the news talking about energy is because the world uses for example: fossil fuels like oil and gas which are being used for transportation. The news talked about how the supply of energy is decreasing but also the news tells about how using fossil fuels is affecting the earth's atmosphere and causing global warming. Then they give solutions like recycling and taking a bike to work.

In other words, why is there a crisis if "energy can neither be created nor destroyed"?

· Energy can neither be created nor destroyed” but the reference is not referring to the energy or fuel it provides. The reason for the energy crisis is because of a shortage of fossil fuel and this is where the crisis stems from.

What do you think energy is?

· I believe that energy is multiple things but mostly fuel and electricity. Without energy, the world wouldn’t have evolved. Today, we still use electricity and fuel for cars and without it, we would be doomed. Energy is a power source of our world and body.

Chapter3threeassgn.docx

Discussion Chapter 3: Constitutional Protections

1

Should Depictions of Animal Cruelty Be Protected by the First Amendment?

Congress enacted 18 U.S.C. § 48, which criminalizes commercial creation, sale, or possession of a visual or auditory depiction in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if that conduct violates federal or state law where the creation, sale, or possession takes place. In United States v. Stevens, 552 U.S. 442 (2010), the US Supreme Court held that this statute is facially overbroad and violative of the First Amendment. Specifically, the Court held that depictions of animal cruelty are entitled to First Amendment protection, and the statute is presumptively invalid because it is content based. In addition, the Court stated that the government’s interest in censoring this type of material is not compelling enough to outweigh the prohibition on protected speech and that the statute on its face included material that may have redeemed social value. The Court’s opinion is available at this link: http://www.law.cornell.edu/supct/html/08-769.ZO.htmlLinks to an external site. .

1. Do you think the First Amendment should protect material depicting animal cruelty? Why or why not?

2. What are some possible consequences of criminalizing this type of speech?

Exercise: Chapter 3: Constitutional Protections

Answer the following questions and make sure your response is 100 words or more for each.

1. Andrew is sentenced to death for torture. In Andrew’s state, there is an “eye-for-an-eye” statute that mandates punishment that mimics the crime the defendant committed. Pursuant to this statute, Andrew will be tortured to death. Is the state’s eye-for-an-eye statute constitutional under the Eighth Amendment? Why or why not?

2. Read Lockyer v. Andrade, 538 U.S. 63 (2003). What was the defendant’s sentence in Lockyer? What was the defendant’s crime? Did the US Supreme Court hold that the defendant’s sentence was constitutional under the Eighth Amendment?

3. Read Fierro v. Gomez, 77 F.3d 301 (1996). Did the US Court of Appeals for the Ninth Circuit hold that the gas chamber procedure in California was constitutional under the Eighth Amendment?

4. Read Gall v. U.S., 128 S. Ct. 586 (2007). In Gall, the federal judge departed from the US Sentencing Guidelines and imposed a sentence of probation because the defendant had reformed and rejected his criminal lifestyle. Did the US Supreme Court uphold this sentence? Why or why not?

Case Study: Chapter 3: Constitutional Protections

* Please make sure that your response is 100 words or more for each question/statement. *

Read the prompt, review the case, and then decide whether the issue is the defendant’s criminal act or criminal intent.

· Read State v. Andrews, 572 S.E.2d 798 (2002). In Andrews, the defendant took Prozac and Effexor for one day. The next day, the defendant ran his wife and her friend down with his car. After hitting both victims, the defendant jumped out of the car and stabbed his wife three times. He was convicted of attempted murder and assault with a deadly weapon against both victims. He appealed on the grounds that the jury was given an improper instruction as to his criminal responsibility for the crimes committed against his wife’s friend. Did the Court of Appeals of North Carolina hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://caselaw.findlaw.com/nc-court-of-appeals/1197459.htmlLinks to an external site. .

· Read State v. Sowry, 155 Ohio App. 3d 742 (2004). In Sowry, Ohio police arrested the defendant and brought him to jail. Before booking the defendant, the police asked him whether he had any drugs on his person. He responded “no.” The police thereafter searched him and discovered a plastic bag of marijuana in his pocket. The defendant was later convicted of knowingly conveying drugs onto the grounds of a detention facility. The defendant appealed and was successful. Did the Court of Appeals of Ohio hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2004/2004-Ohio-399.pdfLinks to an external site. .

· Read Regalado v. U.S., 572 A.2d 416 (1990). In Regalado, the defendant was convicted of animal cruelty for punching a puppy repeatedly in the face. The defendant appealed, claiming that he was merely “disciplining” the puppy. Did the District of Columbia Court of Appeals hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://scholar.google.com/scholar_case?case=10084482120424691457&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site. .

· Read State v. Slayton, 154 P.3d 1057 (2007). In Slayton, the defendant received a hunting permit, hired a guide, and thereafter shot an elk and carried it out of the area. The defendant’s hunting permit was valid in only a limited location, and the defendant shot the elk outside that location. The defendant was convicted of unauthorized hunting and transporting wildlife. The Arizona Superior Court vacated the defendant’s convictions, the state appealed, and the Court of Appeals of Arizona reversed. Did the Court of Appeals of Arizona hold that this is an issue of criminal act or criminal intent? The case is available at this link: http://scholar.google.com/scholar_case?case=13377680343653410685&q= State+v.+Slayton&hl=en&as_sdt=2,5&as_ylo=2006Links to an external site. .

help with 3 assign and 2 replies due in 48 hours

post2replies.docx

Chapter3threeassgn.docx

post2replies.docx

Chapter3threeassgn.docx

Chapter3threeassgn.docx

post2replies.docx

Chapter3threeassgn.docx

post2replies.docx

Chapter3threeassgn.docx

help with assgn (3) due in 24 hours