Criminal Conduct And Criminal Law

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 the Ex Post Facto Clause can be used as a defense to prohibit the increase in federal minimum/mandatory sentencing guidelines after a federal defendant has committed the crime. Provide a rationale to support your position.
  2. Explain the distinction between criminal, tort, and moral wrongs. Next, support or criticize the premise that the standards set by moral laws are higher than those set by criminal law.
  3. Identify and discuss the differences between solicitation of another to commit a crime and a conspiracy to commit a crime. Next, support or criticize the use of the unilateral approach to conspiracy convictions.
  4. Identify the four (4) goals of criminal law, and discuss the manner in which these four 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 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.
  • Use technology and information resources to research issues in criminal law.
  • Write clearly and concisely about criminal law using proper writing mechanics.

International Prisons: Germany, Brazil, and India

International Prisons: Germany, Brazil, and India

Chapters 8 and 9 in the text discuss international perspectives on corrections and juvenile justice. Find additional, credible sources to form your evaluation on criminal justice in the selected countries of Germany, Brazil, and India by analyzing differing cultural perspectives. In your paper

  • Evaluate the prison systems of Germany, Brazil, and India.
  • Assess the similarities and differences of the prison system in each country.
  • Analyze the differing cultural perspectives of the corrections systems in the countries based on their prison systems.

The paper

  • Must be at least three double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.).
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must use at least three credible sources in addition to the course text.
    • The Scholarly, Peer Reviewed, and Other Credible Sources (Links to an external site.) table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
  • Must document all sources in APA style as outlined in the Ashford Writing Center.
  • Must include a separate references page that is formatted according to APA style as outlined in the Ashford Writing Center.

Debate 19 The Patriot Act

  • Topic of Debate 19  The Patriot Act      Attached below is an example for formation
  • Why is this topic important to American society and the American criminal justice system?
  • Briefly describe which side of the Debate each author takes and why?
  • Find 4 academi

    Running head: DEBATE 18 WAR ON DRUGS 1

    DEBATE 18 WAR ON DRUGS 7

    Waller’s Debate 18: War on Drugs

    Devin Johnston

    CRJU495:09

    November 4, 2019

    The War on Drugs

    Introduction

    This week’s debate 18 is about the war on drugs. The two authors have different point of views. You have Dalrymple who advocates that the system must be fixed and the war must continue (Dalrymple, 2009). Then you have Jenson who argues that the war has failed and must be abandoned (Jenson, 2009). The debate is important to all Americans and the criminal justice system of the United States because scholars continue to question the role of America’s criminal justice system in the racialized war on drugs that majorly targets the African American minorities. Prison populations have exploded with a majority of the inmates being the people of color ever since this war was started. The sad reality is that the people of color are targeted for minor drug law infractions while the whites continue to enjoy the while privileges that insulate them against arbitrary incarceration (Simmons, 2017). The other reason why the war on drugs is an important topic is that the law enforcement agencies are redirected away from handling other types of crime in the United States to concentrate on the fighting drug war. This opens several loopholes of criminal activities since many efforts are redirected elsewhere. This paper presents different views of different authors on the topic and a summary of the findings.

    Against the War on Drugs

    The war on drugs is simply a racial conspiracy to lock up as many African American youths as possible and cut them off from mainstream society offenses (Stern, 2017). Since the war began in the 1970s and 80s, the prison population has continued to swell with many African Americans getting locked up for very low levels of drug offenses. Stern (2017) argues that the prison population is predominantly black and this leads to massive racial disparity in the United States criminal justice system. He further states that the war on drugs is a racial conspiracy to ruthlessly suppress the rights of Africans. This is because the war began soon after the enactment of the Civil Rights Act as a ploy to suppress the huge gains that the Act had granted the African Americans. Lopez borrows many ideas from Michelle Alexander to equally argue that the war on drugs is the New Jim Crow where racial caste has not been ended but redesigned to push African Americans to the lowest caste system in the country.

    Against the War on Drugs

    Zedillo (2016) argues that it is about time for both the United States and Mexico to rethink the war on drugs and find a better strategy. This is because the anti-smuggling tactics employed make every consignment more profitable. This is why America’s long-standing war on drugs is not yielding any fruits. Zedillo (2016) argues that America’s drug policy has remained unchanged for more than forty years since it was introduced by President Richard Nixon. He further argues that the validity of the policy was doubted by experts even before it was enacted. The rationale behind drug policy has largely been dominated by the desire to reduce crime and condemn disruptive behaviors. However, very little space has been left for health strategies and no attention has been paid on the knock-on effects of drugs. Zedillo (2016) makes a strong case that restricting the use of drugs cannot eliminate the drug market. Instead, it drives drugs underground and puts more money in the hands of criminals. He, therefore, proposes moving away from the status quo to address the consequences of the black market.

    For War on Drugs

    Lopez (2017) makes a strong case that the war on drugs is not the cause of mass incarceration. He refutes claims made by Michelle Alexander that the war on drugs is a racial conspiracy against African Americans. He further argues that the criminal justice system of the United States is not used by racist lawmakers to exert control on African Americans. According to his argument, the federal government did not launch the war on drugs to lock up people of color for low levels of drug offenses and drive prison populations high. Lopez (2017) further argues that the swelling prison population is attributed to the enormous powers of prosecutors and not the war on drugs as it is alleged. The United States prosecutors are given much discretion to prosecute whichever way they like. For example, they can bring charges that trigger lengthy mandatory minimum sentencing. Additionally, the author argues that prosecutors are causing mass incarceration because they charge more people with low levels of felonies.

    For War on Drugs

    Lopez (2015) makes a strong case for war on drugs by asserting that the bulk of mass incarceration has been blamed on the war on drugs. He asserts that most people in state prisons that make up the largest proportion of America’s prison are violent offenders. Lopez (2015) states that the increase in mass incarceration is a product of increased sentencing for all crimes in response to high violent crime rates. Therefore, shedding off this blame requires the criminal justice system to reform the punishment for violent offenders at some point. Lopez (2015) argues that most people in state prisons are violent offenders and not drug offenders. 86% of the prison population is comprised of violent offenders while the remaining 16% account for drug offenders. Therefore, a blanket condemnation of war on drugs as the cause of the swelling prison population is misinformed.

    Conclusion

    It is worth appreciating that the war on drugs is a complete policy failure. This is because it is has been racialized and used by law enforcement agents to push African American youths in prisons and cut them off from mainstream society. The war on drugs has been used to scapegoat African Americans. Its result has been the mass incarceration of African Americans and not all races in Americans. The people of color face the highest risk of being arrested in the name of fighting drugs even in states where laws have been changed to reflect advancements made by society (Sherman, 2016). Furthermore, those who are imprisoned and released are faced with legalized discrimination that denies them job opportunities and difficulties in finding school loans that cause a loss of opportunities thus locking out those affected from the mainstream society and leave them to commit more crimes.

    References

    Dalrymple, T. (2009). The war on illegal drugs must continue. In B. N. Waller (Ed.) You decide! Current debates in criminal justice (1st ed., pp. 344-366). Upper Saddle River, NJ: Pearson Education.

    Jensen, E. L., Gerber, J., & Mosher, C. (2009). The war on drugs in counterproductive. In B. N. Waller (Ed.) You decide! Current debates in criminal justice (1st ed., pp. 344-366). Upper Saddle River, NJ: Pearson Education.

    Lopez, G. (2015). Mass incarceration is about way more than the war on drugs. Vox.com. Retrieved from https://www.vox.com/2015/7/16/8978579/war-on-drugs-mass-incarceration

    Lopez, G. (2017). Why you can’t blame mass incarceration on war on drugs. Vox.com. Retrieved from https://www.vox.com/policy-and-politics/2017/5/30/15591700/mass-incarceration-john-pfaff-locked-in

    Sherman, E. (2016). Nixon’s drug war, an excuse to lock up blacks and protesters, continues. Forbes.com. Retrieved from https://www.forbes.com/sites/eriksherman/2016/03/23/nixons-drug-war-an-excuse-to-lock-up-blacks-and-protesters-continues/#d44744742c88

    Simmons, T. R. (2017). The effects of the war on drugs on black women: From early legislation to incarceration. Am. UJ Gender Soc. Pol’y & L.26, 719.

    Stern, J., D. (2017). The war on drugs and Jim Crow’s the most wanted: A social and historical look at mass incarceration. Ramapo College of New Jersey. Retrieved from https://www.ramapo.edu/law-journal/thesis/war-drugs-jim-crows-wanted-social-historical-look-mass-incarceration/

    Zedillo, E. (2016). Rethinking the war on drugs: Insight from US and Mexico. Voxeu.org. Retrieved from https://voxeu.org/article/rethinking-war-drugs-insights-us-and-mexico

    c journal articles on the debate topic. 2 supporting articles per side.  2 for and 2 against and make sure you label each paragraph. Briefly describe the authors’ positions on the topic and why they hold those positions.

  • Based on the arguments from the Debate and your four articles, your knowledge of the issues from other classes, and any other information you have, such as non-criminal justice classes, Supreme Court decisions, current events, and other sources, write your opinion on the issue.  You do not need to agree with any of the sides presented, however, you must strongly support your opinion with examples or in other ways.    Total of 6 references
  • Summary at the end telling your opinion and why 125 word summary

Motor Vehicle Stop – Evidence And Procedure

Motor Vehicle Stop – Evidence and Procedure

Competencies Addressed in This Assignment

  • Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
  • Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
  • Competency 4: Specify how the procedural rules apply to the admission of evidence in criminal cases.
  • Competency 5: Communicate effectively in writing.

Overview

The law on vehicle stops has several guidelines that apply for the stop to be considered legal. There is no need for a warrant or probable cause to legally stop a motor vehicle, but there must be reasonable suspicion of involvement in criminal activity. Whether an officer has reasonable suspicion will depend on the facts of the scenario as it unfolds. Once a stop takes place, whether a search is indeed warranted will also depend on the facts at hand. It is important to keep in mind that the objective guidelines are going to be supported by the subjective interpretation of the facts by the police officer conducting the stop. It is at this point that the testimony and evidence become critical in supporting any decisions made to stop and/or search a vehicle.

In this assignment, you will have an opportunity to use critical thinking skills and a media simulation to determine the grounds for stop and search, and how you might handle a similar situation.

Instructions

Review the Motor Vehicle – Evidence and Procedure media piece (linked in resources) and prepare a three-page paper, citing a minimum of two academically verified references.

In your paper:

  • Assess whether reasonable suspicion or probable cause existed to stop the vehicle in the scenario.
  • Analyze whether the officer should have looked to see if there was evidence of a crime before stopping the vehicle in the scenario.
  • Evaluate whether the officer could have detained the occupants of the vehicle at the scene while the other officer checked the business.
  • Explore whether the officer had the right to search the vehicle or whether consent from the driver is needed.

Be sure to review the Motor Vehicle Stop – Evidence and Procedure Scoring Guide to ensure you understand the criteria for this assignment.

Requirements

Your paper should meet the following requirements:

  • Written communication: Must be free of errors that detract from the overall message.
  • References: A minimum of two references.
  • APA format: Format resources and citations as per current APA style and formatting guidelines.
  • Length of paper: Three pages, not including the title page and the references page.
  • Font and font size: Times New Roman, 12 point.

You are required to submit a draft of your paper to SafeAssign. Once you review your results and make any needed changes, submit your paper for grading.