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History of Criminal Law
and Punishment
Western societies have been punishing criminal
actors since ancient Greece. This begs the question of whether or not
punishment is an effective means of crime control and recidivist reduction. As
you explore the balance of freedom vs. security and the history of criminal
punishment, be willing to think of new ways to address and deter criminal behavior.
Respond to this prompt if your last name begins
with the letters A through L: Detail the history of criminal law. List and
explain the major forces that created U.S. criminal law. Your response must
weigh the challenge between keeping people safe and protecting individual
liberties. Provide an opinion of whether or not criminal law provides the most
effective way to deal with crime and recidivism. Offer suggestions for
improvement to the current criminal law system within which we operate.
Respond to this prompt if your last name begins
with the letters M through Z: Explain the history of punishment and its goals.
Your response must detail the origins of punishment, how notions of what is
“appropriate” punishment is for a given circumstance over time, and an analysis
of the effectiveness of modern punishment methods and schemes.
Guided Response: You must respond to at least two
of your classmates’ posts, and at least one of your posts must be to a student
addressing the prompt that you did not respond to in your initial, primary
response. For example, if you responded to the history of punishment prompt, at
least one of your two responses must be to a student who responded to the
history of criminal law discussion board. Your responses must be at least 100 words
of content and supported by scholarly sources (i.e., classroom materials or
outside scholarly sources).
Jurisdiction/Elements
of Criminal Offenses
A central component to any criminal case is the
jurisdictional requirement for a court to hear a criminal case. In your
examinations this week, focus on the power of jurisdiction and its significance
as part of the criminal justice system. Who creates jurisdiction, and why is it
so significant?
Similarly, a sound understanding of the legal requirements of a
crime is essential for all criminal justice professionals. You must be able to
dissect a criminal statute to understand what actions and mindset are required
to be proved to gain a conviction. Criminal statutes are precise, and your
understanding of the elements of crime must be precise as well.
Respond to this prompt if your last name begins
with the letters A through L: Explain the central components of the legal term
and substantive criminal law requirement for jurisdiction. At a minimum, your
response must detail all of the following:
What is jurisdiction, and how does it affect
criminal prosecution?
Can the type of crime determine jurisdiction for a
court?
Distinguish between federal and state courts for
criminal cases.
Respond to this prompt if your last name begins
with the letters M through Z: Detail the significance of elements of crimes. At
a minimum, your response must detail all of the following:
Define the term elements of a crime in your own
words.
What happens when an element (or elements) of a
crime are found to be vague or ambiguous?
Why must criminal laws be in writing?
Guided Response: Just like the first discussion
board this week, you must respond to at least two of your classmates’ posts,
and at least one of your posts must be to a student addressing the prompt that
you did not respond to in your initial, primary response.
For example, if you
responded to the jurisdiction prompt, at least one of your two responses must
be to a student who responded to the elements of criminal offenses discussion
board. Your responses must be at least 100 words of content and supported by
scholarly sources (i.e., classroom materials, or outside, scholarly sources).
Actus
Reus and Mens Rea
Understanding the elements of a crime, particularly
the distinctions between guilty mind and guilty act, are essential components
for all criminal justice professionals to comprehend.
Take the time this week
to understand these concepts fully, and be prepared to use the information
gained to analyze all criminal law questions throughout this course and in your
professional career. It is natural to assume that either a mental state or
criminal act can be easily proven; however, the old expression that “the devil
is in the details” truly applies to these foundational, legal concepts.
Always
remember that the state must prove all elements of a criminal charge beyond a
reasonable doubt, and that burden of proof rests solely on the state. Your
initial post must be at least 300 words in length. Support your claims with
examples from the required materials and/or other scholarly resources, and
properly cite any references.
Please answer the following questions below:
Distinguish between the terms actus reus and mens
rea. How are they significant in criminal law?
To what standard of law must the defendant’s mens
rea be proven in order to gain a criminal conviction? Must the state prove
“what the defendant was thinking at the time of the crime” in order to prove
mens rea? Why or why not?
To what standard of law must each element of the
actus reus be proven, and why?
Which of the two legal requirements listed above
(i.e., actus reus, mens rea) is more difficult to prove beyond a reasonable
doubt in a trial, and why?
Guided Response: Respond to at least two of your classmates’
posts by Ensure that you and your classmates fully comprehend the difficulties
of proving someone’s intent and coordinating the act and the intent to create a
prosecutable, criminal offense. Your responses must be at least 100 words of
content and supported by scholarly sources: (i.e., classroom materials, or
outside, scholarly sources).
Voir Dire or Opening
Statements
To complete this assignment, after you record your
presentation in YouSeeU, you will want to paste the URL for this video in the
discussion forum for your classmates and instructor to review and provide
responses to. Please review the YouSeeU User Guide Preview the document which
provides step by step instructions for completing this assignment in the
YouSeeU platform.
If your last name begins with the letters A through
M: Prepare a two- to three-minute video presentation with YouSeeU detailing the
following information:
Explain the legal term voir dire, its origins and
its purposes.
Detail the process of voir dire, and distinguish
between preemptory and discretionary strikes of potential jury members.
Provide an opinion of whether or not the process of
voir dire serves its stated ends.
Create improvements in the current system of voir
dire to ensure fair and impartial jurors for criminal trials.
As you know from the reading and video materials
for this week, the term voir dire literally means truth. Your YouSeeU
presentation must show a comprehensive understanding of the process of voir
dire and its significance in a criminal trial. Make sure that your video
presentation explains whether or not a defendant is entitled to a “fair” or a
perfect jury. You also need to distinguish between preemptory strikes of jurors
vs. strikes for cause of potential jurors.
If your last name begins with the letters N through
Z: Prepare a two- to three-minute video presentation with YouSeeU detailing the
following information:
Explain the purposes of opening statements in a
criminal trial.
Detail the order in which opening statements occur
to the jury, and comment on whether or not this ordering seems the most fair or
not.
Provide an opinion on the significance of opening
statements; are jury trials won or lost at this stage of the proceeding and
why?
Create improvements to the current system of
opening statements to insure that the truth is ascertained through the trial
process.
As you know from the reading and video materials
for this week, opening statements are not opening arguments. Instead, lawyers
are required to state simply what the facts of the case will show and what will
be proven at trial. Examine the notion of latitude given to attorneys from some
judges to argue their cases in the opening statements. Should such actions be
allowed: why or why not?
Please note that oral presentations will take place
in the YouSeeU interface. This oral presentation will be available for both the
instructor and your fellow classmates to view.
YouSeeU Help:
For advice and information on the Do’s and Don’ts
of webcam presentations, please click here (Links to an external site.)Links to
an external site.
Guided Response:
Respond in writing to at least two of your
classmates’ posts. At least one of your posts must be to a student addressing
the question that you did not respond to in your initial, primary response. For
example, if you responded to the Voir Dire YouSeeU prompt, at least one of your
two responses must be to a student who responded to the Opening Statements
prompt. Your responses must be at least 100 words of content and supported by scholarly
sources (i.e., classroom materials, or outside scholarly sources).
Reasonable
Suspicion and Probable Cause
Knowing the distinctions between reasonable
suspicion and probable cause are essential, foundational aspects of criminal
justice, just as mens rea and actus reus were in your studies last week.
Reasonable suspicion is an objective belief by an officer that an investigation
needs to be conducted into a potential crime.
Probable cause is the standard
required for arrest. Keep these distinctions clear in this week’s presentations
and in your criminal justice career. Support your claims with examples from the
required materials and/or other scholarly resources, and properly cite any
references. Your initial post must be at least 300 words in length.
Two commonly confused concepts in criminal law are
reasonable suspicion and probable cause. In your post,
Define and evaluate both of these significant legal
terms, and utilize pertinent U.S. Supreme Court opinions to justify your
answers.
Address what happens in court to a criminal case
when an officer does not possess reasonable suspicion or probable cause.
Guided Response:
Respond to at least two of your classmates’ posts .
Examine why there are differing standards for a reasonable suspicion to stop
and for probable cause. How do these legal terms relate to peoples’
constitutional protections?
If your last name begins with the letters A
through G (4th Amendment). Create a five to eight slide PowerPoint explaining
the 4th Amendment. Additionally, provide 50 to 75 words of explanations for
each of your PowerPoint slides in the discussion area, just as you would
present an oral presentation explaining the slides on the topics listed.
In
your PowerPoint slides and discussions, list the requirements of the 4th
Amendment. Define the key term warrant, and provide exceptions to the warrant
requirement. Finally, detail what the remedy is for a defendant is when a
motion granted to suppress is granted for a 4th Amendment violation.
If your last name begins with the letters H through
O (5th Amendment). Create a five to eight slide PowerPoint explaining the 5th
Amendment. Additionally, provide 50 to 75 words of explanations for each of
your PowerPoint slides in the discussion area, just as you would present an
oral presentation explaining the slides on the topics listed. List In your
PowerPoint slides and discussions, list the requirements of the 5th Amendment
with regards to self-incrimination. Focusing on the right to remain silent and
the Miranda decision, define the steps that officers must take to gain
incriminating statements admissible into a trial. Finally, detail what the
remedy is for a defendant when a motion to suppress is granted for violation of
the 5th Amendment.
If your last name begins with the letters P through
Z (6th Amendment). Create a five to eight slide PowerPoint explaining the 6th
Amendment. Additionally, provide 50 to 75 words of explanations for each of
your PowerPoint slides in the discussion area, just as you would present an
oral presentation explaining the slides on the topics listed.
List In your
PowerPoint slides and discussions, list the requirements of the 6th Amendment.
Define the key term to have the assistance of counsel for his defence, and
explain its meaning in relation to both custodial interrogation and at trial.
Finally, detail what the remedy is for a defendant when a motion is granted for
violation of the 6th Amendment.
Support your PowerPoint observations with examples
from the required materials and/or other scholarly resources, and properly cite
any references.
Guided Response: Substantively respond to at least
two of your classmates’ posts. Each classmate response must be from a different
group, other than your own, primary response.
For example, if your primary
response concerns the 5th Amendment (because your last name starts with the
letters H through O), then each of your two responses to classmates must
address the 4th Amendment and 6th Amendment primary responses of your
classmates. Responses to your peers must be at least 100 words in length.
Remember that this is a discussion. If a classmate or your instructor asks you
a question, it is your responsibility to respond.
International
Criminal Law
The United States has refused to join the
International Criminal Court since its inception. In your 300-word minimum
primary response to this discussion board, expand upon the following:
Describe the purpose and function of the
International Criminal Court (ICC).
Explain why the United States has not joined the
ICC.
Examine the pros and cons for the United States to
be a member of the ICC.
Construct an argument proposing the United States
should join or continue to not be a part of the ICC and provide sound reasoning
for your opinions.
Explain the ramifications of the opinion that you
advance to the United States and the international community.
The issue of the United States’ reluctance to join
the ICC continues to be a matter of international debate. This week’s
discussion requires you to take a position on whether or not the United States
should formally join, and accept the jurisdiction of, the International
Criminal Court. In this discussion, avoid notions of jingoism, and examine the
international community and the responsibilities of the United States as an
international actor in both civilian and military affairs. Make sure to explain
the consequences of not joining or a decision to join the ICC.
Guided Response: Substantively respond to at least
two of your classmates’ responses. Your responses must be at least 100 words in
length, and you need to support your responses with scholarly sourcing, either
from the required readings this week, or from independent research that you
conduct in the Ashford University Library or online.
Plea
Bargain Debate
To complete this assignment, after you record your
presentation in YouSeeU, you will want to paste the URL for this video in the
discussion forum for your classmates and instructor to review and provide
responses to. Please review the YouSeeU User Guide Preview the document which
provides step by step instructions for completing this assignment in the YouSeeU
platform.
Prepare a two- to three-minute video presentation
with YouSeeU detailing the following information:
Explain the plea bargaining process.
List the elements of a valid plea bargain.
Define the role of a judge in the plea bargaining
process,
Create and provide an opinion on whether plea
bargaining is a benefit to the United States criminal justice system and why.
If you are in favor of continuing plea bargaining,
address arguments against its continued prevalence.
If you are against continuing plea bargaining,
address arguments for its continued prevalence.
Please note that oral presentations will take place
in the YouSeeU interface. This oral presentation will be available for both the
instructor and your fellow classmates to view.
YouSeeU Help:
For advice and information on the Do’s and Don’ts
of webcam presentations, please click here (Links to an external site.)Links to
an external site.
Guided Response:
This is a debate. First, you must necessarily choose
a side through research and reason. Offer your opinion in your YouSeeU
presentation and be prepared to defend it! Be sure to address questions that
are against your position as well as those in favour of it. When debating, you
need to understand your opponent’s views, if not better, at least as well as
you understand your own position.
You are required to post two substantive responses
to your classmates’ video presentations. Your responses to classmates must be
at least 200 words in length and supported with scholarly information. Your
responses must be to students who chose the point counter to your position.
For
example, if you come to the conclusion that plea bargaining should be stopped
as a practice in the United States, then you must substantively respond to at
least two of your classmates whose position is that plea bargaining should be
continued, and vice versa.
Remember to be respectful of your classmates in
this and all debates. It is expected that you will differ on positions taken by
your “opponents,” but it is never professional or successful to engage in
personal attacks. Keep all comments and arguments based upon the scholarly
information you have gleaned from classroom sources and outside scholarly
research.
Criminal
Trials – Lesser Included Offenses and Double Jeopardy
One area of the law essential to understand is the
concept of lesser included offenses. In this discussion, address the following
prompts:
• Define the criminal justice legal term of lesser
included offense.
• Assess how courts determine whether a crime is a
lesser included offense.
• Explain whether someone can be convicted for
multiple crimes for one act.
• Evaluate how lesser included offenses do not
violate the double jeopardy clause of the 5th Amendment.
• Examine the material elements of crimes and how
they can vary to allow for multiple prosecutions for the same acts or similar
offenses. Provide specific examples to support your answer.
Guided Response:
Your initial post must be at least
300 words in length. Support your claims with examples from the required
materials and/or other scholarly resou rces,
and properly cite any references. Respond to at least two of your classmates’
posts. Fairness should be considered in
any criminal law or procedure issue.
Provide analyses of your classmates’
postings with an emphasis on whether or not it seems fair to the defendant to
have to defend against crimes presented in multiple forums. Can we assume that
it is fair to the state to prosecute in multiple jurisdictions (where the state
has large amounts of resources for such actions)?
Criminal
Justice Process
Throughout this course you have examined the
process of a criminal case and learned about constitutional protections for
individuals. This final paper will
require you to comprehensively explain all that you have learned thus far.
Write a paper that details the entire criminal justice process for a felony
criminal charge.
• Summarize all of the steps between arrest,
pre-trial, trial, and appeals (both state and federal appeal possibilities).
• Explain the contingencies for each stage of the
proceedings and address all possible outcomes.
• Analyze how constitutional protections for the
defendant work at each stage of the proceeding.
• Evaluate whether the system effectively deals
with criminal prosecutions, or whether changes or improvements are required.
• Provide recommendations to make the system more
fair and ethical for all those involved.
For help completing this assignment, please
reference the Sample Paper
• The Criminal Justice Process Final Paper
• Must be eight to ten 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.)Links
to an external site.
• Must include a separate title page with the
following:
o Title of paper
o Student’s name
o Course name and number
o Instructor’s name
o Date submitted
• Must use at least three scholarly sources in addition
to the course text.
• The Scholarly, Peer Reviewed, and Other Credible
Sources (Links to an external site.)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.
