Substantive Criminal Law

Jan 11th, 2017
HelloWorld
Category:
Law
Price: $100 USD

Question description

5 Case Briefing - first one do this Sunday

5 Reaction Paper - first one do this Sunday

8 Discussion post - first one do this Thursday

See Attachment

Module 1 – Strict Liability U.S. v. Thompson, 25 F.3d 1558 (11th Cir. 1994) Module 2 – Knowledge U.S. v. Williams, 922 F.2d 737 (11th Cir. 1991) Module 3 – Defenses: Justification and Excuse U.S. v. Sixty Acres in Etowah County, 930 F.2d 857 (11th Cir. 1991) Module 5 – Crimes Against Persons U.S. v. Clemons, 32 F.3d 1504 (11th Cir. 1994) Module 6 – Crimes Against Property U.S. v. McRee, 7 F.3d 976 (11th Cir. 1993) Must use Westlaw.com to look up the cases Case Brief Example Richard BRETON, Margaret Mary Breton, Plaintiffs, v. CENTRAL PACIFIC SUPPLY CORPORATION, Defendant. Hawaii Supreme Court (1986) Parties: [Parties to the case] Breton’s (Plaintiff) v. Central Pacific Supply Corporation (CPS) (Defendant) Facts: [Briefly state the relevant facts of the case that the court relied upon to reach their decision – normally 1-2 paragraphs] The Bretons are sought to cancel the Agreement of Sale of a leasehold interest and for damages. The Bretons alleged that CPS had breached the Agreement by defaulting on the payment due thereon and by vacating the premises. Prior Proceedings: [Briefly describe the circumstances that have occurred in the case to this point] This case was originally brought before the Land Court of the City and County of Honolulu, State of Hawaii. The land court, after the trial, found in favor of the Bretons against CPS. Thereafter, CPS filed a motion to set aside the findings of fact, conclusions of law and judgment, and to set the matter for a jury trial. The land court denied the motion. Issues Presented or Questions of Law: [What was the legal issue presented to the court?] Does the land court have jurisdiction over the subject matter? Arguments or Objectives of the Parties: [What were the arguments or objections presented to the court?] In answer to the Breton’s petition to cancel Agreement of Sale, one of CPS’s defenses was that the land court lacked jurisdiction over the subject matter. Therefore any judgment rendered is invalid. Holding/Rule of Law: [What was the legal rule(s) or principle(s) the court applied to the case?] “The land court is a court of limited jurisdiction, created for a special purpose, that of carrying into effect what is known as the Torrens title scheme, derives all of its power from the statutes relating to it, and can exercise no power not found within those statutes.” The Bretons’ petition and CPS’s counterclaim both are breach of contract actions over which the land court does not have jurisdiction. Saint Leo Core Values Displayed: [Discuss the Saint Leo Core Value(s) that were displayed or violated by the key players in this case] The law enforcement officers violated the Saint Leo Core Values of Integrity and Respect when they violated the rights of the suspect by using excessive physical force at the time of the arrest. Rationale: [Explain the court’s reasoning in deciding the case] “The lack of jurisdiction over the subject matter cannot be waived by the parties.” If the parties do not raise the issue, a court will, ...” Conclusion: [What was the final outcome/ruling in the case?] The judgment of the land court is void for lack of jurisdiction. The appeal is dismissed. Note from instructor: Most case briefs will be about 1-2 pages in length. For the purposes of your creating case briefs, this document will guide you to what information you will need to provide.
Module 1 In Ewing v. California [p. 78 of the textbook], was Ewing’s punishment proportional to the crime? Back up your answer with the facts of the case and the arguments in the opinion. Module 2 Read the “Ethical Dilemma” on page 111 of the textbook. Present an argument either for or against the following statement: “Assistant Coach Michael McQueary has a moral duty to intervene in the alleged sexual assault he witnessed." In addition, should there be a legal duty, the violation of which is a crime? Module 3 Regarding the case of U.S. v. Haynes [p. 157 of the textbook], present an argument in defense of Haynes’ conduct. Make sure you back up your argument with a legal and factual basis. Module 4 Regarding the case of State v. Akers [p. 250 of the textbook], present your own argument supporting either the majority opinion or the dissent. Make sure you back up your argument with a legal and factual basis. Module 5 Regarding the case of State v. Hoying [pp. 388 - 391 of the textbook], assume you are Hoying’s attorney and argue that he was not guilty of stalking. Make sure you back up your argument with a legal and factual basis. Module 6 Regarding the case of Sonnier v. State [pp. 418 - 420 of the textbook], make your best argument on behalf of the defense that Sonnier is not guilty of theft and receiving stolen property. Make sure you back up your argument with a legal and factual basis. Module 7 Regarding the case of Gresham v. Peterson [p. 459 of the textbook], should there be a different standard for organized charities as opposed to individual beggars under the ordinance? Make sure you back up your position with a legal and factual basis. The full decision can be found here: Gresham v. Peterson, 225 F.3d 899 (7th Cir. 2000). Retrieved from http://caselaw.findlaw.com/us-7th-circuit/1401531.html Module 8 Locate, summarize and cite an article about the trial, conviction, and executions of Julius and Ethel Rosenberg for espionage. Were the Rosenbergs guilty of espionage? Make sure you back up your position with a legal and factual basis. Remember to cite your references in APA format, please. Textbooks: Samaha, J. (2014). Criminal law (11th custom edition for Saint Leo University). Belmont, CA: Wadsworth Publishing. American Psychological Association. (2010). Publication manual of the American Psychological
Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. There will be a total of five different reaction papers throughout the course. Each of the five reaction papers will be approximately two pages in length. The text will be double-spaced and formatted using APA format. Students should clearly identify their topic and present their personal viewpoint or perspective; however, students must also present a factual basis for that viewpoint (as opposed to an opinion paper). All references supporting the factual basis must be properly cited to the original sources in accordance with APA guidelines. All papers must be the work of the individual student – this is not a group assignment. While you are primarily addressing the topic selected, you may want to discuss or expand on a topic presented in the textbook, a case dealing with the subject, or a current event from the news or Internet, and present your viewpoint or perspective on that item as it relates to the issue present in your chosen topic. Module 1 Please choose from the following topics as the general subject of your paper:  Presumption of innocence  Ex post facto laws  Void-for-vagueness doctrine  Right to a jury trial Module 2 Please choose from the following topics as the general subject of your paper:  Strict liability offenses  An omission (or failure to act) as criminal offenses  Possession off contraband as a criminal offenses  Specific intent Module 3 Please choose from the following topics as the general subject of your paper:  Castle Doctrine laws  Defense of others  Choice of evils  PTSD as a defense Module 4 Please choose from the following topics as the general subject of your paper:  Vicarious liability of corporations for crimes  Vicarious liability of parents for crimes committed by their children  Voluntary abandonment of a crime  The crime of conspiracy Module 5 Please choose from the following topics as the general subject of your paper:  Punishments for first degree murder  Excusable homicide  Felony murder

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