Criminal Defense Issues
Defendant Israel Cervantes and fellow gang members of the Highland Street gang went to a birthday party for a member of the Alley Boys gang. The two gangs were not enemies. Cervantes approached a woman named Grace who refused his invitation to go to another party. Cervantes called her a “ho,” and the two exchanged insults. Juan Cisneros, a member of the Alley Boys, told Cervantes that he was disrespecting his “homegirl.” Richard Linares, a member of the Alley Boys, tried to calm the situation. Cisneros, however, drew a gun and threatened to “cap” Cervantes. Cervantes pulled out his own gun. Linares responded by “pushing or touching” Cervantes in an effort to separate him from Cisneros. The defendant Cervantes stated that “nobody touches me” and shot Linares through the arm and chest. A large-scale fight ensued between the gangs, and gang “challenges were exchanged.”
A short time later, a group of Highland Street gang members saw Hector Cabrera, a member of the Alley Boys, entering his car. Five gang members fired shots and participated in killing Cabrera.
Would you hold Cervantes liable for the murder of Cabrera? See People v. Cervantes, 29 P.3d 225 (Cal. 2001).
Respond to the following in a minimum of 175 words:
• Discuss the case and your response to the question posed in the activity. How did you come to your decision?
Answer 1:
Wk 2 Discussion – Criminal Defense Issues
Respond to the following in a minimum of 175 words:
• Refer to the criminal defenses discussed in Ch. 6 of Essential Criminal Law (see attached). Which criminal defense do you believe is the most controversial? Why?
• Do you believe there are any circumstances when a criminal should not be held responsible for his or her crime? Explain.
Answer 2:
Wk 3 Discussion – Dealing with Cybercrimes
Respond to the following in a minimum of 175 words:
• What is the greatest cybercrime threat in the U.S. today? How can it be prevented?
• Do you agree or disagree with the penalties in your state for cybercrimes? Do you agree or disagree with the federal penalties for cybercrimes? What punishment do cyber criminals deserve? Explain your answers.
• How can we protect ourselves against cybercrimes?
Answer 3:
Wk 4 Discussion – Addressing Public Order Crimes
Respond to the following in a minimum of 175 words:
• What are public order crimes?
• Why is public order necessary?
• Why are public order crimes called “victimless”?
• Do you believe any of the public order crimes should be legalized? Explain your reasoning.
Answer 4:
Wk 5 Discussion – Punishment in America
Respond to the following in a minimum of 175 words:
• Do you believe punishment for crime in the United States achieves what it should? Explain.
• Are there any crimes that are currently punished that you think should not be? Explain.
• Is there any punishment that you believe is unethical or immoral? Explain.
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