Due Week 4 Assignment 1: Criminal Justice, Criminal Conduct and Criminal Law (Essay Sample)
Assignment 1: Criminal Conduct and Criminal Law
Due Week 4 and worth 140 points
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:
Determine whether or not a conviction is feasible when an alleged perpetrator does not have the required mens rea but has engaged in the actus rea. Provide a rationale to support your position.
Explain the distinction between diplomatic immunity and legislative immunity. Next, support or criticize the premise that diplomatic immunity is vital for Americans abroad.
Argue for or against the theory that the courts should not hold a defendant of questionable competency to the standard sentencing guidelines. Provide a rationale to support your response.
Identify the four (4) goals of criminal law, and discuss the manner in which these four (4) goals effectuate the purpose of protecting the public and preventing the conviction of innocent persons.
Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and similar type Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA 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.
Crimes take place in every aspect of human being. Some crimes are accidental while others are committed intentionally, recklessly, knowingly and negligently. To protect the citizens, the criminal justice evaluates and punishes these crimes accordingly. This paper examines the elements of mens rea, diplomatic and legislative immunity as well as goals of criminal laws in punishment of criminal offenders.
Conviction for Actus Reus in the absence of mens rea
In most criminal cases, the Actus Reus or criminal act is required to be accompanied by criminal intention which is mens rea. The combination of the two aspects constitutes elements of prohibited harm and/or injury for a crime to have taken place. In criminal law, an individual is punished for his or her decision to commit a crime and not their predisposition as being right or wrong. The decision of a rational person to do well or bad is then reviewed when punishing crime. In law, it is believed there can be no crime large or small without evil mind. The evil mind or the mental part is mens rea (Scheb, & Scheb, 2012).
Mens rea provides an opportunity to hold those who intentionally chose to commit crime, responsible and punish them accordingly. It also acts to deter those with the criminal mind and intent from causing harm to other individuals in the society. Mens Rea also forms the basis of punishment for crimes. The severity of a crime is punished depending on whether the act was reckless, accidental and intentional.
Whereas it is important to establish mens rea for Actus Reus to be punished, other crimes are convicted in the absence of criminal intent. An individual might lack criminal intent and also be ignorant of the law. The law has zero tolerance to ignorance and whoever pledges ignorance is convicted under "mistake of law" Clause (Scheb, & Scheb, 2012). In another situation, the law provides strict liability and mens rea is not required. Strict liability claims that an act in itself deserves criminal punishment no matter what the intention was. For instance, a case involving statutory rape is considered illegal in itself and does not require mens rea to prosecute. Strict liabilities laws are meant to protect minors from potential innocence pledge by the alleged offender.
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