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CoM Public

CoM Public

CoM Public

Key Concepts: Stare Decisis, Strict Liability Crimes

Capstone Cases: Payne v. Tennessee; Lawrence v. Texas, 539 U.S. 558 (2003).

Assignment:The completes must be in essay format and include a title section, introduction paragraph, appropriate headings and Reference section. I expect perfect APA technique. The minimum requirement is five (5) scholarly sources, one of these must be a peer reviewed journal article published in the past 7 years. The textbook may count as one source. In Complete essays 1-7, there is a minimum of a 2,000- word count overall. Word counts are based on content only; references are not included in the word count assessment. For APA assistance, please see the APA 101course link or the sources under the Library Link.

The narrative essay should clearly define the key concepts of  Stare Decisis, Strict Liability Crimes and will apply these principles to the Capstone cases of  Payne v. Tennessee; Lawrence v. Texas. Your response will include the overview of the cases and will also need to address each question or statement listed below in an essay format.

· Pervis Tyrone Payne was convicted by a jury on two counts of first-degree murder and one count of assault with intent to commit murder in the first degree. He was sentenced to death for each of the murders and to 30 years in prison for the assault. The U.S. Supreme Court considers whether the Eighth Amendment bars the admission of victim impact evidence during the penalty phase of a capital trial. As a part of its opinion, the Court discusses the role of the doctrine of  stare decisis when resolving current controversies in light of older precedents.

· 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 were an “inexorable command” or “a mechanical formula of adherence to the latest decision”?

· Should the doctrine of  stare decisis apply differently in the highest court of a jurisdiction than in its lower courts?

· What principles should guide the U.S. Supreme Court in deciding whether to adhere to one of its precedents?

· Compare the Court’s decision in  Payne with its ruling in  Lawrence v. Texas, 539 U.S. 558 (2003). Why did the Court follow precedent in  Payne, but reverse it in  Lawrence?

· Research how the changes in January 2017 to the Clean Water Act affected criminal prosecutions for pollution of the water? What are your thoughts?

· Statutory rape is a strict liability crime in many jurisdictions. Under this statutory approach, a defendant does not have to intend to have sex with a minor to commit the crime. Even more, evidence that the victim appeared to be an adult or that the defendant was misled by the victim about his or her age are not defenses to the crime. Consider whether fairness (due process) or some other constitutional provision is violated by a strict liability statutory rape statute.