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Assignment 1: Criminal Conduct and Criminal Law
Due Week 4 and worth 140 points

According to the text, crime has been part of the human condition since people began to live in groups. Ancient documents indicate that conduct we now call murder, theft, or robbery was identified as criminal by civilizations that existed thousands of years ago. Criminal laws regulate human conduct and tell people what they can and cannot do and, in some instances, what they must do under certain circumstances. In this assignment, you will explore different types of criminal conduct and the goals of criminal law.

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

  1. Determine whether or not a conviction is feasible when an alleged perpetrator does not have the required mens rea but has engaged in the actus rea. Provide a rationale to support your position.
  2. Explain the distinction between diplomatic immunity and legislative immunity. Next, support or criticize the premise that diplomatic immunity is vital for Americans abroad.
  3. Argue for or against the theory that the courts should not hold a defendant of questionable competency to the standard sentencing guidelines. Provide a rationale to support your response.
  4. Identify the four (4) goals of criminal law, and discuss the manner in which these four (4) goals effectuate the purpose of protecting the public and preventing the conviction of innocent persons.
  5. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and similar type Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA 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.
  • Use technology and information resources to research issues in criminal law.
  • Write clearly and concisely about criminal law using proper writing mechanics.

User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Attached.

Running head: CRIMINAL CONDUCT AND CRIMINAL LAW

Criminal Conduct and Criminal Law
Names:
Institution:

1

CRIMINAL CONDUCT AND CRIMINAL LAW
Criminal conduct and criminal law
The idea of people living in groups has created a necessity for criminal law in order to
discourage crime while at the same time protecting the innocent. The following sections
explore the feasibility of conviction with regard to mens rea and actus rea, distinguishes
between diplomat and legislative immunity and reasons that diplomatic immunity should be
revised, provides an exploration of questionable competency and standard sentencing
procedures, and ultimately provides the goals of criminal law and its purpose of preventing
conviction of the innocent.
Feasibility of conviction with regard to mens rea and actus rea
There are a number of conditions that have to be met for one to be convicted of a
crime. For a conviction to be feasible, one has to have the knowledge or intent that they are
conducting a crime as well as carry out the said activity. In this regard, mens rea constitutes
the knowledge part. Although this is not to be entirely confused with the intent or purpose of
the activity, mens rea constitutes the knowledge part, one that often results in the guilt of
conscience and awareness that one is in the process or has already conducted a crime (Gaines
& Miller, 2012). As such, it means that one already has the knowledge or awareness that their
action or inaction in a particular event may in one way or another constitute a wrongdoing or
even adversely affect the welfare of others.
Awareness alone cannot be used to incriminate an individual. Rather, a second
element referred to as the actus rea has to be met. In this case, actus rea is the actual act that
constitutes a physical element of the crime, and whose judgment results in a conclusion that
the intent of the individual did not mean well for the society (Rumbold, Morrison & Riha,
2016). Contrary to the common misperception that actus rea solely constitutes the crime, it is
important to understand that the crime starts...


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