Criminal Defenses and Criminal Punishments

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timer Asked: Feb 19th, 2019
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Question Description

It is common knowledge that two controversial issues in the American legal system are the types of criminal defenses and the manner of criminal punishment. In this assignment, you will explore both in their various forms.


Use the Internet or Strayer databases to research the types of criminal defenses and the manner of criminal punishment.

Write a four to six (4-6) page paper in which you:

  1. Specify the key points involved in the court determining the lawfulness of the use of force. Next, identify and then discuss the relevance of the factors a court or a jury will consider in determining what force is reasonable in self-defense.
  2. Argue for or against the use of the Castle Doctrine or stand your ground laws as a defense to prevent the rendering of a guilty verdict in a criminal homicide case. Provide a rationale to support your response.
  3. Compare and contrast the defenses of diplomatic, legislative, and witness immunity. Analyze the overall role that the defenses play within the criminal justice system. Next, evaluate the general level of fairness of witness immunity to the defense. Provide a rationale to support your response.
  4. Specify the two elements of the defense of entrapment. Next, support or critique the value of the defense within the criminal law system in the United States. Justify your response.
  5. Argue for or against the "Three Strikes"laws. Provide a rationale to support your response.
  6. Use at least three quality academic resources in this assignment. Note: Wikipedia and similar types of websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • This course requires use of new Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.
  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow SWS or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student's name, the professor's name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • Describe the nature and history of American criminal law.
  • Explain the role of individuals and federal, state, and local government agencies in crime fighting and prosecution of criminal offenses.
  • Analyze the essential legal elements of criminal conduct.
  • Contrast crimes against persons, crimes against property, and other types of criminal conduct.
  • Use technology and information resources to research issues in criminal law.
  • Write clearly and concisely about criminal law using proper writing mechanics.

Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric.

Tutor Answer

Chancellor_Ivy
School: New York University

Attached.

Running Head: CRIMINAL DEFENSE AND PUNISHMENTS

Criminal Defenses and Punishments
Institutional Affiliation
Date

1

CRIMINAL DEFENSE AND PUNISHMENTS

2

There are various criminal defenses which will be used by offenders. The defenses
used will have to prove that the defendant is innocent of the crime which has been committed
beyond a reasonable doubt. Various categories will be employed when determining the
punishment which will be given. Furthermore, the court will also focus on the nature of crime
when identifying which punishment will be appropriate for the offender.
There are three key factors which will be used to determine how lawful the use of
force is. The three elements were established in the case of Graham v. Connor. One of the
factors will focus on how severe the crime. The severity of the offense will be based on the
law enforcement officer's suspicion, that is, what crime the offender is said to have
committed or is committing at that particular moment. The next factor will focus on whether
the offender is considered a threat to law enforcement officers or the general public. The use
of excessive force, in this case, will be applied when the offender is a threat to the safety of
the people. One example of the lawful use of force can be seen when the officers arrest a
person who is said to have been a terrorist wanting to cause harm to the public (Kaplan,
Weisberg, & Binder, 2014).
The last factor will revolve around the arrest of the suspect. If a suspect is resisting
arrest, the police officers can use excessive force. The same can be applied if the suspects
involved are attempting to escape from the law enforcement officers. The three factors have
been refined over time. One other consideration which will have to be determined will focus
on the degree of threat which will be presented by the suspect. Furthermore, another factor
will also focus on the number of suspects involved or being confronted by law enforcement
officers. The force used...

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Review

Anonymous
awesome work thanks

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