23 Jun What is dual sovereignty? H
What is dual sovereignty? How can a defendant be prosecuted for the same act at both the state and federal levels? Use the Rodney King case to develop support for your answer.
2. What are the main categories of speech whose content are not protected by the First Amendment? What are the common characteristics of speech lacking First Amendment protection?
3. What is the role of precedent in judicial decision making? Provide at least one example.
4. List at least 3 reasons why the criminal law punishes voluntary acts and does not penalize thoughts.
5. Both Common Law and the Model Penal Code are sources of law. Define each and explain its origins. What are the primary differences between them?
6. What is the Due Process Clause? Where can it be found in the Constitution? What are its primary protections? (Make sure to address each of the 3 questions here).
7. What is a status offense? Why are status offenses considered cruel and unusual punishment? Provide examples from your readings to support your answer.
8. Why do we have the American bystander rule? What are the criticisms of the American bystander rule? Which argument do you agree with? Why?
9. Marty and Sarah are fighting. Sarah shoots a gun at Marty and the bullet grazes Marty?s arm. Marty runs out of the house and into the street. Barry is driving down the street 20 mph over the speed limit. Unable to see Marty on the dimly lit road, Barry hits Marty and Marty dies instantly. What is the cause-in-fact in this scenario? What is the proximate cause of Marty?s death? Is the intervening act coincidental or responsive? Who would you hold liable for Marty?s death?
10. Explain why similar crimes committed with different levels of intent are punished differently. In your response, make sure that you identify the 4 recognized levels of mens rea discussed in the Model Penal Code and in class, and provide an exa
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