Criminal defense attorneys have a tough job. They often have to represent those who are accused of committing atrocious crimes, and to do so requires them to meet with clients in maximum security prisons
Criminal defense attorneys have a tough job. They often have to represent those who are accused of committing atrocious crimes, and to do so requires them to meet with clients in maximum security prisons. They can face threats from unhappy clients who expect acquittal despite overwhelming evidence, and scrutiny and criticism by the public for representing “monsters.” However, criminal defense attorneys are ethically bound to zealously advocate for the interests of their clients, regardless of what the charge is or whether the client admits guilt. For this Discussion, visit the New York Times article about alleged serial killer Robert Durst. Durst is the subject of an HBO documentary called “The Jinx.”
You can locate the article at http://www.nytimes.com/2015/03/24/nyregion/durst-is-denied-bail-at-hearing-in-new-orleans.html?_r=0. After reading the article, discuss whether you could represent someone like Durst if asked to do so by a court. Please comment on at least one of your classmate’s posts.
PA260 Criminal Law
Unit 2 Discussion
DQ1 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Taking Sides: Is Unprotected Sex While HIV Positive Attempted Murder, Assault, or Permissible?
In this exercise, you will look at the inchoate crime of attempt as it relates to the spread of diseases, particularly those that are known and incurable. Read the following articles about the inchoate crime of attempt and the failure to disclose HIV status to sex partners.
If your last name begins with A–I, you will argue for first or second degree attempted murder. If your last name begins with J–R, you will argue for assault instead of attempted murder. If your last name begins with S–Z, you will argue that no crime was committed here. Post your response here. Take some time to read and comment on your classmates’ responses and see if your perspective changes by the end of the week.
Sources:
http://articles.latimes.com/1993-08-29/news/mn-29143_1_attempted-murder
http://nationalpost.com/opinion/matt-gurney-exposing-partners-to-hiv-is-attempted-murder
DQ2 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Criminal Law In the News: Op-ed
Research current events related to the course topics covered in Unit 2 and post at least one event to the Discussion. Within your posting, describe how your chosen item ties in to a review of the material in this unit. You may use the Library or any other outside resource for your research. Be sure to use proper citation format. Review your fellow students’ postings and respond to at least one event posting throughout the week.
PA260 Criminal Law
Unit 3 Discussion
DQ1 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Taking Sides: The Zimmerman Trial. Murder, Manslaughter, or Innocent?
The shooting death of Travon Martin in February 2012 by George Zimmerman sparked great debate in the legal community. The state delayed prosecuting Zimmerman but ultimately charged him with second degree murder. Some believed he should have been charged with first degree murder, and many were outraged when he was acquitted entirely. For more details about the shooting and trial, see the source below.
Source: Zimmerman Facts. Retrieved from http://www.cnn.com/2013/06/05/us/trayvon-martin-shooting-fast-facts/.
In this exercise, you will explore the various degrees of murder that might have applied in the Zimmerman case to understand how to apply statutory criminal law in practice.
The jurisdiction is Florida, so you will need to look at the statutory law for murder and manslaughter on Florida Homicide.
Source: The 2014 Florida Statutes. Retrieved from http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/0782.html.
If your last name begins with A–I, you will argue for first or second degree murder. If your last name begins with J–R, you will argue for voluntary or involuntary manslaughter. If your last name begins with S–Z, you will argue that no crime was committed here.
Post your response here. Take some time to read and comment on your classmates’ responses and see if your perspective changes by the end of the week.
DQ2 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Criminal Law in the News: Op-ed
Research current events related to the course topics covered in Unit 3 and post at least one of these events to the Discussion. Within your posting, describe how your chosen item ties in to a review of the material in this unit. You may use the Library or any other outside resource for your research. Be sure to use proper citation format. Review your fellow students’ postings and respond to at least one event posting throughout the week.
Post your response here. Be sure to comment on at least one of your classmate’s posts.
PA260 Criminal Law
Unit 4 Discussion
DQ1 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Taking Sides: Is The Sex Offender Registry Fair?
Visit the National Sex Offender Registry at http://www.fbi.gov/scams-safety/registry and click on your state to access the local registry. As you review the information on the site, take note of what sex offenses offenders must register for and the duration of the registry. You should also research whether offenders must register when they move, and whether a person convicted of statutory rape must register as a sex offender.
In this exercise, you will explore the various degrees of sexual assault, how each degree affects the way a sex offender must register, and the length of time registration is required. If your last name begins with A–M, you will argue that sex offender registry laws are too harsh and violate double jeopardy principles by penalizing an offender even after s/he has served time in prison. If your last name begins with N–Z, you will argue that the registry laws are fair and necessary for the protection of society despite impositions on a person’s due process rights. Post your response here. Then take some time to read and comment on your classmates’ responses and see if your perspective changes by the end of the week.
DQ2 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Criminal Law In The News: Op-Ed
Research current events related to the course topics covered in Unit 4 and post at least one of these events to the Discussion. Within your posting, describe how your chosen item ties in to a review of the material in this unit. You may use the Library or any other outside resource for your research. Be sure to use proper citation format. Review your fellow students’ postings and respond to at least one event posting throughout the week.
PA260 Criminal Law
Unit 5 Discussion
In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Topic 1
In preparation for the Midterm Exam, please revisit the prior units. What topics or concepts have you found most important to study? Why? Please post your thoughts here, and remember to respond to some of your classmates’ posts as well.
PA260 Criminal Law
Unit 6 Discussion
DQ1 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Taking Sides: Using Deadly Force to Defend Property
In the wake of the famous court decision of Katko v. Briney, 183 N.W. 657 (IA 1971) most states do not allow the use of deadly force in order to protect property. However, Texas allows its residents to do so in limited circumstances. Review the Katko v. Briney and the Texas statute sources below.
Source: Supreme Court of Iowa. Retrieved from http://scholar.google.com/scholar_case?case=1898372709114585666&hl=en&as_sdt=6&as_vis=1&oi=scholar
Source: Deadly Force To Protect Property. Retrieved from http://codes.lp.findlaw.com/txstatutes/PE/2/9/D/9.42
If your last name begins with A–M, please argue in favor of this statute and the allowance of using deadly force to protect your property. If your last name begins with N–Z, please argue against this statute and the use of deadly force to protect property. Please include all moral and public policy considerations in your answer.
Post your responses here. Take some time to read and comment on your classmates’ responses.
DQ2 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Criminal Law In The News: Op-Ed
Research current events related to the course topics covered in Unit 6 and post at least one of these events to the Discussion. Within your posting, describe how your chosen item ties in to a review of the material in this unit. You may use the Library or any other outside resource for your research. Be sure to use proper citation format. Review your fellow students’ postings and respond to at least one event posting throughout the week.
PA260 Criminal Law
Unit 7 Discussion
DQ1 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Taking Sides: Should Marijuana Be Legalized?
Colorado, Washington, and Oregon are the latest states to consider the controversial question of legalizing marijuana. If passed, the ballot initiatives would directly contradict federal law, which classifies cannabis as a Schedule I drug under the Controlled Substances Act of 1970. Federal authorities and state officials are already at odds in California and the 16 other states and District of Columbia where medical marijuana use is legal.
In this Discussion, you will present your best arguments either in favor or against the legalization of marijuana. If your last name begins with A–M, you will argue against the legalization of marijuana. If your last name begins with N–Z, you will argue in favor of the legalization of marijuana. Please consider whether your feelings are the same for the legalization of prostitution. Please respond to at least one of your classmates’ responses.
DQ2 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Criminal Law In The News: Op-Ed
Research current events related to the course topics covered in Unit 7 and post at least one of these events to the Discussion. Within your posting, describe how your chosen item ties in to a review of the material in this unit. You may use the Library or any other outside resource for your research. Be sure to use proper citation format. Review your fellow students’ postings and respond to at least one event posting throughout the week.
PA260 Criminal Law
Unit 8 Discussion
DQ1 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Taking Sides: Novel Defenses
Throughout the years, many novel defenses have emerged as those charged with crimes try to avoid culpability for their actions. In 1991, a female orthopedic surgeon successfully avoided a conviction for drinking and driving and other crimes by arguing that her actions were due to PMS. Other defendants have tried to defend their conduct based on the “Twinkie defense,” affluenza, internet addiction, too much caffeine and too much sugar, – and some have won!
In this Discussion, you will do some research on novel defenses such as these and debate their legitimacy. Start by
Reviewing the source below about some these “novel” defenses in more detail:
Television Intoxication and Other Media Defenses: https://courses2.cit.cornell.edu/sociallaw/student_projects/TelevisionIntoxicationandOtherMediaDefenses.htm
If your last name begins with A–M, you will argue against the use of novel defenses. If your last name begins with N–Z, you will argue in favor of the use of novel defenses like these. Think about the role that physical symptoms play in whether the defense was successful or not. Post your responses here. Please respond to at least one of your classmates’ responses.
DQ2 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Criminal Law In The News: Op-Ed
Research current events related to the course topics covered in Unit 4 and post at least one of these events to the Discussion. Within your posting, describe how your chosen item ties in to a review of the material in this unit. You may use the Library or any other outside resource for your research. Be sure to use proper citation format. Review your fellow students’ postings and respond to at least one event posting throughout the week.
PA260 Criminal Law
Unit 9 Discussion
DQ1 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Taking Sides: The Death Penalty
In 2014, two “botched” executions stole the headlines. In Arizona, it took the inmate nearly 2 hours to die. In Oklahoma, the lethal cocktail did not seem to fully work because the inmate’s vein blew. Read the following articles regarding these incidences.
Source: Lethal drugs injected 15 times in botched Arizona execution. Retrieved from http://www.msnbc.com/msnbc/lethal-drugs-injected-15-times-botched-arizona-execution.
Source: Oklahoma’s botched lethal injection marks new front in battle over executions. Retrieved from http://www.cnn.com/2014/04/30/us/oklahoma-botched-execution/.
Critics of the death penalty claim that the death penalty violates the Eight Amendment’s ban on cruel and unusual punishment. Moreover, these failed executions have put the U.S. back in the spotlight for being one of the only civilized nations that uses the death penalty as a form of punishment. In 2014, China led the world in executions (thousands). Iran came in second, with at least 369 put to death by the state, followed by Iraq (169), Saudi Arabia (79), and the United States (39).
In this exercise, you will explore the controversial topic of the death penalty. Please share your thoughts on the use capital punishment and be sure to support your position with law. If you are in favor of the death penalty, be sure to comment upon whether it should be used for crimes other than first-degree murder. If you are against the death penalty, consider whether cost should be a factor to consider.
Take some time to read and respond to your classmates’ postings.
DQ2 In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Criminal Law In The News: Op-Ed
Research current events related to the course topics covered in Unit 9 and post at least one of these events to the Discussion. Please concentrate on the way that technology intersects with criminal procedure, such as with the use of drones, thermal imaging, or the use of GPS tracking devices. Within your posting, describe how your chosen item ties in to a review of the material in this unit. You may use the Library or any other outside resource for your research. Be sure to use proper citation format. Review your fellow students’ postings and respond to at least one event posting throughout the week.
PA260 Criminal Law
Unit 10 Discussion
In the interest of conducting a lively, engaging Discussion, please keep the following in mind:
Opposing viewpoints are key to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion requirements, refer to your course Syllabus or to the Discussion Rubric, posted in Course Documents.
Course Reflection
What prior knowledge did you bring to this course?
What were the most important new ideas you encountered and how did they change your understanding of the paralegal profession and the role of the paralegal in the field of criminal law?
What have you learned from your discussions and collaborations with your fellow students?
In what specific ways can you use the knowledge you have gained in this course in your chosen profession? What are your strengths and opportunities for growth in this area?
Describe one thing you would like to take away from this course. Write about this in a journal entry to keep in your Learning Journal. As you write, think about how it may have influenced you in deciding upon a future career.
Next, think about how you learned it. Did you learn it through your discussion with classmates, your research, or an instructor dialogue? Be specific as to what it was that you wanted to learn and how you did so.
Then go to the Discussion and share your thoughts on the course with the class.
PA260 Criminal Law
Unit 3 Assignment
Short Paper #1
Instructions
For Short Paper #1, you will review a hypothetical scenario and compose a 2-page informational paper in response. You will use this scenario to complete your assignments in Units 3, 4, 6, and 8.
Hypothetical
The following scenario is based upon real events that happened to a family in Cheshire, Connecticut on July 23, 2007. You will use this scenario as the basis of your papers for Units 3, 4, 6, and 8. You can read more about the actual case online by reading the source below.
Swartz-Turfle, H. A Connecticut Nightmare. Retrieved from http://truecrimecases.blogspot.com/2012/08/a-connecticut-nightmare.html.
Dr. William Petit, a well-respected endocrinologist, lived with his wife and two daughters in an upscale community in Cheshire, Connecticut. Dr. Petit met his wife Jennifer, who worked as a nurse, at the Children’s Hospital. They were married for 22 years. Their older daughter, 18-year-old Hayley, loved to play basketball with her father in their driveway and had been accepted to Dartmouth to study medicine in the fall. Their younger daughter, 11-year-old Michaela, who still wore braces, spent time learning to cook with her mother.
Komisarjevsky was a trouble teen, committing his first crime at the age of 12 when he stole a car. His criminal escapades, including countless burglaries, escalated and he even looked for dangerous situations where he might get caught. While other criminals would try to steal during the day when people were at work, Komisarjevsky preferred to do so at night while the occupants were home because he enjoyed the thrill and rush he got. He lived two miles away from the Petit home and came armed with latex gloves, a gun, zip ties, and night vision goggles.
Steven Hayes met Komisarjevsky in a halfway house after they had been released from prison. Hayes was a drug addict and was nervous, loud, and awkward. He had no experience as a burglar but had been arrested 26 times for various offenses and had lived much of his life since 1980 in and out of prison. Most, if not all, of his crimes involved his addiction to drugs and did not involve stealth or reconnaissance. He was supposed to remain in prison until 2008 but, ironically, had been released early for good behavior. Hayes and Komisarjevsky were an odd pair together, but were later described as clicking “like a pair of handcuffs.”
On Saturday, July 22, 2007, Komisarjevsky listened to Guns N’ Roses in the parking lot of a supermarket when he noticed the Petit minivan next to his car with three female occupants. Mrs. Petit and Michaela went into the supermarket while Haley stayed in the car. Komisarjevsky phoned Hayes while waiting in the supermarket parking lot. Hayes was destitute and close to losing his parole. Komisarjevsky’s ankle bracelet had just been removed and his urge for a thrill was overwhelming.
When mother and daughter returned with groceries, Komisarjevsky followed their van several car lengths behind them until he saw where they lived. Komisarjevsky broke into another house just miles away from the Petit home on July 22, 2007 while five people slept upstairs. However, their activities were halted when they heard a car pull into the driveway. But their night was not over. The pair broke into another house and then called it a night, but they started making plans for a more lucrative and serious invasion. Although Hayes was inexperienced as a burglar, he needed money fast. They targeted the Petits for Sunday night.
Assignment
Based on the readings and activities in this unit, what degree(s) of homicide should be charged against both of the perpetrators? Be sure to locate the Connecticut Statutes for homicide at https://www.cga.ct.gov/current/pub/chap_952.htm and apply the facts to the language of the statutes to support your answer. Remember to explain why certain homicide statutes, like manslaughter, may not apply to this case. Please also consider whether any inchoate offenses (such as attempted murder) apply for Dr. Petit.
Write a 2-page paper analyzing and discussing the issues presented above. Although there is no required format for this assignment, please write complete sentences in paragraph form. You should cite to your source(s), such as the textbook, case law, statutes, etc.
PA260 Criminal Law
Unit 4 Assignment
Short Paper # 2
The following scenario is based upon real events that happened to a family in Cheshire, Connecticut on July 23, 2007. You will use this scenario as the basis of your papers for Units 3, 4, 6, and 8. You can read more about the actual case online by reading the source below.
Swartz-Turfle, H. A Connecticut Nightmare. Retrieved from http://truecrimecases.blogspot.com/2012/08/a-connecticut-nightmare.html.
Dr. William Petit, a well-respected endocrinologist, lived with his wife and two daughters in an upscale community in Cheshire, Connecticut. Dr. Petit met his wife Jennifer, who worked as a nurse, at the Children’s Hospital. They were married for 22 years. Their older daughter, 18-year-old Hayley, loved to play basketball with her father in their driveway and had been accepted to Dartmouth to study medicine in the fall. Their younger daughter, 11-year-old Michaela, who still wore braces, spent time learning to cook with her mother.
Komisarjevsky was a trouble teen, committing his first crime at the age of 12 when he stole a car. His criminal escapades, including countless burglaries, escalated and he even looked for dangerous situations where he might get caught. While other criminals would try to steal during the day when people were at work, Komisarjevsky preferred to do so at night while the occupants were home because he enjoyed the thrill and rush he got. He lived two miles away from the Petit home and came armed with latex gloves, a gun, zip ties, and night vision goggles.
Steven Hayes met Komisarjevsky in a halfway house after they had been released from prison. Hayes was a drug addict and was nervous, loud, and awkward. He had no experience as a burglar but had been arrested 26 times for various offenses and had lived much of his life since 1980 in and out of prison. Most, if not all, of his crimes involved his addiction to drugs and did not involve stealth or reconnaissance. He was supposed to remain in prison until 2008 but, ironically, had been released early for good behavior. Hayes and Komisarjevsky were an odd pair together, but were later described as clicking “like a pair of handcuffs.”
On Saturday, July 22, 2007, Komisarjevsky listened to Guns N’ Roses in the parking lot of a supermarket when he noticed the Petit minivan next to his car with three female occupants. Mrs. Petit and Michaela went into the supermarket while Haley stayed in the car. Komisarjevsky phoned Hayes while waiting in the supermarket parking lot. Hayes was destitute and close to losing his parole. Komisarjevsky’s ankle bracelet had just been removed and his urge for a thrill was overwhelming.
When mother and daughter returned with groceries, Komisarjevsky followed their van several car lengths behind them until he saw where they lived. Komisarjevsky broke into another house just miles away from the Petit home on July 22, 2007 while five people slept upstairs. However, their activities were halted when they heard a car pull into the driveway. But their night was not over. The pair broke into another house and then called it a night, but they started making plans for a more lucrative and serious invasion. Although Hayes was inexperienced as a burglar, he needed money fast. They targeted the Petits for Sunday night.
Assignment
Based on the readings and activities in this unit, what crimes against people other than homicide should be charged against both of the perpetrators? Be sure to locate the Connecticut Statutes for crimes against people at https://www.cga.ct.gov/current/pub/chap_952.htm and apply the facts to the language of the statutes to support your answer. Be sure to clearly state what crimes each of the defendants committed and who they committed them against. Please also remember to include whether any crimes were committed against Dr. Petit. Since there are many victims and two perpetrators, it may be helpful to make a chart so you can keep your thoughts organized.
Write a 2-page paper analyzing and discussing the issues presented above. Although there is no required format for this Assignment, please write complete sentences in paragraph form. You should cite your source(s), such as the textbook, case law, statutes, etc.
PA260 Criminal Law
Unit 6 Assignment
Short Paper # 3
The following scenario is based upon real events that happened to a family in Cheshire, Connecticut on July 23, 2007. You will use this scenario as the basis of your papers for Units 3, 4, 6, and 8. You can read more about the actual case online by reading the source below.
Swartz-Turfle, H. A Connecticut Nightmare. Retrieved from http://truecrimecases.blogspot.com/2012/08/a-connecticut-nightmare.html.
Dr. William Petit, a well-respected endocrinologist, lived with his wife and two daughters in an upscale community in Cheshire, Connecticut. Dr. Petit met his wife Jennifer, who worked as a nurse, at the Children’s Hospital. They were married for 22 years. Their older daughter, 18-year-old Hayley, loved to play basketball with her father in their driveway and had been accepted to Dartmouth to study medicine in the fall. Their younger daughter, 11-year-old Michaela, who still wore braces, spent time learning to cook with her mother.
Komisarjevsky was a trouble teen, committing his first crime at the age of 12 when he stole a car. His criminal escapades, including countless burglaries, escalated and he even looked for dangerous situations where he might get caught. While other criminals would try to steal during the day when people were at work, Komisarjevsky preferred to do so at night while the occupants were home because he enjoyed the thrill and rush he got. He lived two miles away from the Petit home and came armed with latex gloves, a gun, zip ties, and night vision goggles.
Steven Hayes met Komisarjevsky in a halfway house after they had been released from prison. Hayes was a drug addict and was nervous, loud, and awkward. He had no experience as a burglar but had been arrested 26 times for various offenses and had lived much of his life since 1980 in and out of prison. Most, if not all, of his crimes involved his addiction to drugs and did not involve stealth or reconnaissance. He was supposed to remain in prison until 2008 but, ironically, had been released early for good behavior. Hayes and Komisarjevsky were an odd pair together, but were later described as clicking “like a pair of handcuffs.”
On Saturday, July 22, 2007, Komisarjevsky listened to Guns N’ Roses in the parking lot of a supermarket when he noticed the Petit minivan next to his car with three female occupants. Mrs. Petit and Michaela went into the supermarket while Haley stayed in the car. Komisarjevsky phoned Hayes while waiting in the supermarket parking lot. Hayes was destitute and close to losing his parole. Komisarjevsky’s ankle bracelet had just been removed and his urge for a thrill was overwhelming.
When mother and daughter returned with groceries, Komisarjevsky followed their van several car lengths behind them until he saw where they lived. Komisarjevsky broke into another house just miles away from the Petit home on July 22, 2007 while five people slept upstairs. However, their activities were halted when they heard a car pull into the driveway. But their night was not over. The pair broke into another house and then called it a night, but they started making plans for a more lucrative and serious invasion. Although Hayes was inexperienced as a burglar, he needed money fast. They targeted the Petits for Sunday night.
Assignment
Based on the readings and activities in this unit, please discuss what crimes against property and habitation were committed by the two defendants. Be sure to locate the Connecticut Statutes for property and habitation crimes at https://www.cga.ct.gov/current/pub/chap_952.htm and apply the facts to the language of the statutes to support your answer. Remember to make a chart of the different crimes that each defendant committed so you can keep your thoughts organized.
Write a 2-page paper analyzing and discussing the issues presented above. Although there is no required format for this Assignment, please write complete sentences in paragraph form. You should cite to your source(s), such as the textbook, case law, statutes, etc.
PA260 Criminal Law
Unit 8 Assignment
Instructions
For Short Paper #4, you will review the hypothetical scenario and compose a 2-page paper in response. You will use this scenario to complete your Assignments in Units 3, 4, 6, and 8.
The following scenario is based upon real events that happened to a family in Cheshire, Connecticut on July 23, 2007. You will use this scenario as the basis of your papers for Units 3, 4, 6, and 8.
Swartz-Turfle, H. A Connecticut Nightmare. Retrieved from http://truecrimecases.blogspot.com/2012/08/a-connecticut-nightmare.html.
Dr. William Petit, a well-respected endocrinologist, lived with his wife and two daughters in an upscale community in Cheshire, Connecticut. Dr. Petit met his wife Jennifer, who worked as a nurse, at the Children’s Hospital. They were married for 22 years. Their older daughter, 18-year-old Hayley, loved to play basketball with her father in their driveway and had been accepted to Dartmouth to study medicine in the fall. Their younger daughter, 11-year-old Michaela, who still wore braces, spent time learning to cook with her mother.
Komisarjevsky was a trouble teen, committing his first crime at the age of 12 when he stole a car. His criminal escapades, including countless burglaries, escalated and he even looked for dangerous situations where he might get caught. While other criminals would try to steal during the day when people were at work, Komisarjevsky preferred to do so at night while the occupants were home because he enjoyed the thrill and rush he got. He lived two miles away from the Petit home and came armed with latex gloves, a gun, zip ties, and night vision goggles.
Steven Hayes met Komisarjevsky in a halfway house after they had been released from prison. Hayes was a drug addict and was nervous, loud, and awkward. He had no experience as a burglar but had been arrested 26 times for various offenses and had lived much of his life since 1980 in and out of prison. Most, if not all, of his crimes involved his addiction to drugs and did not involve stealth or reconnaissance. He was supposed to remain in prison until 2008 but, ironically, had been released early for good behavior. Hayes and Komisarjevsky were an odd pair together, but were later described as clicking “like a pair of handcuffs.”
On Saturday, July 22, 2007, Komisarjevsky listened to Guns N’ Roses in the parking lot of a supermarket when he noticed the Petit minivan next to his car with three female occupants. Mrs. Petit and Michaela went into the supermarket while Haley stayed in the car. Komisarjevsky phoned Hayes while waiting in the supermarket parking lot. Hayes was destitute and close to losing his parole. Komisarjevsky’s ankle bracelet had just been removed and his urge for a thrill was overwhelming.
When mother and daughter returned with groceries, Komisarjevsky followed their van several car lengths behind them until he saw where they lived. Komisarjevsky broke into another house just miles away from the Petit home on July 22, 2007 while five people slept upstairs. However, their activities were halted when they heard a car pull into the driveway. But their night was not over. The pair broke into another house and then called it a night, but they started making plans for a more lucrative and serious invasion. Although Hayes was inexperienced as a burglar, he needed money fast. They targeted the Petits for Sunday night.
Assignment
It can always be a challenge to think about how to fashion a defense for someone who seems guilty of the crimes s/he has been accused of. However, it is critical that defense attorneys put aside personal opinions and provide the best defense possible. In this assignment, you will be challenged to apply critical thinking skills to formulate possible defenses for either defendant. In drafting your paper, be sure to define and analyze the problem, examine potential defenses and design possible solutions, and select the best two solutions/defenses.
Based on the readings and activities in this unit, what defenses can the perpetrators raise for the crimes you previously identified? Be sure to locate the Connecticut Statutes for defenses like insanity at https://www.cga.ct.gov/current/pub/chap_951.htm and look at federal law for the constitutional defenses outlined in your reading. Remember to explain which defenses apply to each of the crimes.
Write a 2-page paper analyzing and discussing the issues presented above. Although there is no required format for this Assignment, please write complete sentences in paragraph form. You should cite to your source(s), such as the textbook, case law, statutes, etc.
PA260 Criminal Law
Unit 9 Assignment
Final Project: Leveraging Strengths of Multiculturalism and Diversity for Community Benefit
Course outcome addressed in this Assignment:
PA260-3: Analyze constitutional protections in criminal law.
General Education Literacy Outcomes:
GEL-3.05: Apply scientific inquiry to support explanations that are empirically based.
Professional Competency Outcome:
PC 4.1: Leverage the strengths of multiculturalism and diversity for the benefit of the organization and community.
Instructions
Multiculturalism and diversity are at the heart of the American experience and reflect the demographics of our country. Our celebration of many different ethnic and racial groups, however, has been a subject of controversy and growth for many years when dealing with crime and punishment. For your Final Project, you are asked to locate a case, newsworthy event or topic that has impacted the development of our country’s laws relating to diversity/multiculturalism and crime and punishment. For example, you could discuss how states have developed juvenile diversion programs to help at risk Black and Hispanic youth stay out of jail and how these programs benefit society. Another example relates to challenges for law enforcement in enforcing criminal laws in multicultural communities and whether the methods used there are working. In preparing your paper, you should conduct an investigation online and collect valid evidence from a variety of sources to develop a valid explanation from the data you found in support of your event, topic or case, and communicate and defend those conclusions in your paper.
Source: Juvenile Diversion Programs (2016). Crime solutions.gov. National Institute of Justice. Retrieved from https://www.crimesolutions.gov/PracticeDetails.aspx?ID=37
Source: Mayer, M. & Erickson, S. (2011) Changing today’s law enforcement culture to face 21st Century Threats. The Heritage Foundation. Retrieved from http://www.heritage.org/homeland-security/report/changing-todays-law-enforcement-culture-face-21st-century-threats
Your analysis should include the following:
Brief summary of the facts of the event, topic or case
Explanation of the legal issues relevant to criminal law, diversity and multiculturalism
Analysis of the state or court’s position and reasoning
Analysis of how states leveraged multiculturalism and diversity for the benefit of the community
Evaluation of the impact of this event on the development of society and criminal law
PA260 Criminal Law
Unit 1 Quiz
Question 1 The relationship between the national government and state government is called
separation of powers.
sovereignty.
federalism.
jurisdiction.
Question 2 The doctrine of separation of powers provides a way for each of the following branches to keep the others in check, except
judicial.
agency.
legislative.
executive.
Question 3 The power of the judicial branch of government to review statutory law, such as is used in criminal law, to ensure that it is constitutional, came from which of the following landmark decisions?
Terry v. Ohio
Gideon v. Wainright
Mapp v. Ohio
Marbury v. Madison
Question 4 All of the following are purposes of punishment except
deterrence.
rehabilitation.
recidivism.
retribution.
PA260 Criminal Law
Unit 2 Quiz
Question 1 In order to prove that a defendant caused harm to someone else, two types of causation must be present. Which one uses the “but for” test to prove causation?
legal causation
concurrent causation
factual causation
none of the above
Question 2 Before criminal liability can exist, the state must prove that both a criminal act and a guilty mind occurred at the same time. This is known as
separation of powers.
sovereignty.
concurrence.
jurisdiction.
Question 3 There are four mens rea under the Model Penal Code. All of the following are types except
premeditated.
purposeful.
knowing.
reckless.
Question 4 The way that a corporation can be culpable for criminal acts is by this type of liability:
Corporate.
Business.
Alter ego.
Vicarious.
PA260 Criminal Law
Unit 3 Quiz
Question 1 All homicide is classified as murder.
True
False
Question 2 Deliberation and premeditation are required elements of first-degree murder.
True
False
Question 3 Voluntary manslaughter involves malice aforethought.
True
False
Question 4 Involuntary manslaughter differs from voluntary manslaughter in that it is unintentional.
True
False
PA260 Criminal Law
Unit 4 Quiz
Question 1 Battery is the intent to frighten someone.
True
False
Question 2 A battery is an intentional touching of another that is either offensive or harmful.
True
False
Question 3 A parent cannot kidnap his or her own child.
True
False
Question 4 Statutory rape is the same as forcible rape.
True
False
PA260 Criminal Law
Unit 5 Quiz
Question 1 If Ron goes to Home Depot and buys rope, cinder blocks, a shovel, and rat poison intending to kill his neighbor and throw his body in a river, but he gets caught by police before he can kill his neighbor, which of the following crimes, if any, has he committed?
murder
attempted murder
assault
no crime
Question 2 If Dalia wants her husband out of her life but would like his life insurance money and she hires a hitman to take him out, what crime, if any, has she committed?
murder
attempted murder
solicitation to commit murder
no crime
Question 3 Which of the following statements is not protected by the First Amendment?
Writing an editorial that you are against legalizing marijuana
Yelling “fire” in a crowded movie theater
Speaking out against the right to bear arms
Protesting the death penalty
Question 4 Today, nearly every jurisdiction punishes
all principals and accessories equally.
principals equally, accessories equally, but principals differently from accessories.
all principals and accessories before the fact equally and accessories after the fact
different from all others.
all four types of principals and accessories differently.
PA260 Criminal Law
Unit 6 Quiz
Question 1 In order for a burglary to have been committed under the common law definition, there must have been a breaking and entering of a dwelling house of another, in the nighttime, with the intent to commit a felony.
True
False
Question 2 Mary left her door unlocked, and Jim entered Mary’s house by opening the unlocked door with the intent to steal all her belongings. Under the common law definition, Jim has not committed a burglary because there is no “breaking” if the door is unlocked.
True
False
Question 3If Joe buys a television set for $10 from a man selling televisions out of his van, the fact that Joe had the subjective belief that the television was stolen is enough to convict him of the crime of receiving stolen property, even if he lacked absolute proof of the fact.
True
False
Question 4 Burning your home by accident or negligence still constitutes arson.
True
False
PA260 Criminal Law
Unit 7 Quiz
Question 1 In addition to being a crime in every state, perjury can be a violation of federal law.
True
False
Question 2 John received a court order to tear down a fence he had constructed. The order was served by a sheriff. Immediately after the sheriff handed the order to him, John screamed, “Forget that idiot judge, I’m not tearing down the fence!” John never removed the fence, and the judge had him arrested and ordered him to remain in jail until he agreed to comply with the order. This is an example of
perjury.
treason.
contempt.
fighting words.
Question 3 Bob is distrustful of the government. In front of a crowded rally, he yells, “I’m going to bomb this entire convention.” He is quickly taken into custody and charged with making threats. He tries to defend on the ground that what he said is protected speech under the First Amendment. Will he win?
Yes
No
Question 4 Tom is pulled over for drinking and driving. He is asked to take a breathalyzer test, which he does and passes. He is then asked to take a field sobriety test, which he fails. At trial, he argues that because he passed the breath test, he should not be charged. Will his argument succeed?
Yes
No
PA260 Criminal Law
Unit 8 Quiz
Question 1 An affirmative defense is something more than a mere denial of the charges.
True
False
Question 2 An entrapment defense must include the involvement of a law enforcement officer or agent.
True
False
Question 3 Duress may be used as a defense if the actions that broke the law were only performed out of an immediate fear of injury.
True
False
Question 4 A mistake of fact defense is always a good defense.
True
False
PA260 Criminal Law
Unit 9 Quiz
Question 1 A police officer may detain a citizen without actually placing him or her under arrest.
True
False
Question 2 An arrest warrant is always necessary to make an arrest.
True
False
Question 3 The Fourth Amendment is based on the right to privacy.
True
False
Question 4 According to the Sixth Amendment to the U.S. Constitution, an accused individual may be held without knowing the cause, circumstances, and the person who filed the charges.
True
False
PA260 Criminal Law
Unit 10 Quiz
Question 1 A lawyer who steals a client’s retainer without doing any work has committed
larceny.
embezzlement.
conversion.
trust larceny.
Question 2 Under the common law, it would not have been larceny to steal which of the following because it was not “tangible?”
stereo
stock certificate
automobile
purse
Question 3 Affirmative defenses are different from other defenses because
they require the defendant to testify in his or her own behalf.
the defendant must plead such defenses prior to trial.
the prosecution must disprove such defenses at a hearing prior to trial;
otherwise, the case will be dismissed.
they require expert proof.
Question 4 What is the test for insanity that requires a defendant to show that he or she did not understand the nature and quality of his or her act or that the act was wrong?
McNaghten
Durham
diminished capacity
res ipsa loquitor
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