Criminal Homework

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Discussion Week 6

The authors of the Constitution worried that treason law would be abused because of two concerns: that peaceful opposition to the government, not just rebellion, would be repressed and that innocent people might be convicted of treason by perjury, passion, and/or insufficient evidence. They were determined that disloyal feelings or opinions and the passions of the time wouldn't be a part of the law of treason.

Please respond to the following prompts:

· At what point should the rights of individuals be restricted in order to achieve the goal of enhanced security?

· Should those who are not citizens of this country have the same rights as citizens do?

· How has the U.S. Supreme Court addressed this issue recently?

Investigate 4

Needs to be 5 to 7 sentences each

Question 1

Explain the three elements of the time, place, and manner test. (Points : 10)

Question 2

How do panhandlers continue to panhandle without violating these laws? (Points : 15)

Question 3

Do panhandling statutes unreasonably target the poor? (Points : 15)

Quiz

1. In order to establish the crime of obtaining property by false pretenses, it must be shown that the victim parted with the property because he believed the lies told by the thief in order to get the property. (Points : 8)

True False

Question 2.2. At common law, the offenses of unlawful assembly and rout involved ____ or more persons. (Points : 8)

three four five six

Question 3.3. Many recent rape statutes have modified the common law by (Points : 8)

eliminating the marital rape exception. including sexual intercourse in the actus reus. lowering the burden of proof to preponderance of the evidence. making rape a vicarious liability crime.

Question 4.4. The Model Penal Code disorderly conduct statute requires the mens rea of (Points : 8)

negligence. strict liability. recklessness or knowledge. knowledge.

Question 5.5. One of the most critical problems in sex offenses is to distinguish flirting and seduction from? (Points : 8)

sexual assault assault stalking kidnapping

Question 6.6. Embezzlement was not a crime at common law. (Points : 8)

True False

Question 7.7. Throughout most of its history, homicide law has followed what rule? (Points : 8)

the born alive rule the viable rule the conception rule the living rule

Question 8.8. All states have repealed offenses involving receipt of stolen property. (Points : 8)

True False

Question 9.9. Rape law reforms since the 1970s have (Points : 8)

expanded a defendant’s ability to present evidence about the victim. repealed rape shield statutes. repealed gender neutral rape laws. included additional types of sexual penetration.

Question 10.10. Criminal liability is imposed on accomplices and accessories because they (Points : 8)

have a relationship that allows for the transfer of guilt. participated in the crimes. entered into a conspiracy to commit the crime. drove the getaway car.

Question 11.11. According to the Uniform Brain Death Act, a person is considered dead when (Points : 8)

his or her heart stops. he or she is in a deep coma, with only sustained breathing and heartbeat. he or she has suffered irreversible cessation of all brain functions, including those of the brain stem. his or her breathing has ceased.

Question 12.12. Participants who are involved after the commission of a crime are guilty of a (Points : 8)

more serious offense. less serious offense. separate offense. separate, less serious offense.

Question 13.13. The common law rules that the established four different parties to a crime (principals-in-the-first and -second-degree and accessories-before and -after-the-fact) were probably a reaction to (Points : 8)

juvenile crime. the fact that most felonies were capital offenses. the Industrial Revolution. royal excesses.

Question 14.14. Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes? (Points : 8)

strict liability inchoate complicity vicarious liability

Question 15.15. All inchoate offense share two elements: the actus reus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime, and (Points : 8)

the mens rea of purpose or specific intent. the mens rea of attempt. the actus reus of purpose or specific intent. the actus reus of attempt.

Question 16.16. Discuss the difference between complicity and vicarious liability. Describe which crimes might involve complicity and which crimes might involve vicarious liability. (Points : 15)

Question 17.17. Define, compare, and contrast attempt, solicitation, and conspiracy. Provide an example of each. (Points : 15)