CJA 354 Week 5 Final Paper – Criminal Legislation

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CJA 354 Week 5 Final Paper - Criminal Legislation
CJA 354 Week 5 Final Paper – Criminal Legislation
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Year: 2016
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CJA 354 Week 5 Final Paper – Criminal Legislation (1-2)

Criminal Legislation Paper:

 

  • First, draft three criminal laws that currently do not exist (think outside the box here; the more original and unique, the better). These MUST be substantive laws that criminalize some type of behavior; procedural (ie, sentencing) laws will NOT count. 

  • Make sure your legislation includes elements of the offense, including the intent necessary to be established for conviction (ie, knowingly, intentionally, or recklessly). For example, Arizona’s Reckless Burning law has the following elements that must be proven by the state for someone to be found guilty:

Reckless burning; classification

  1. A person commits reckless burning by recklessly causing a fire or explosion which results in damage to:

    1. an occupied structure,

    2. a structure,

    3. wildland or

    4. property.

  2. Reckless burning is a class 1 misdemeanor.

  • ***Structure each of your 3 new laws as above.

  • Next, give me the reason for enacting each new law specifying why the law must be enacted in these times. Next, include your team member comments in this section.

  • Second, propose three criminal laws (in any state or in the MPC) you believe must be repealed. Include a VERY BRIEF summary of the law/penal code (with the citation and link to that law) and your reasons for the laws’ repeal. Next, include team member comments.

 

  • Third, tell me three criminal laws you believe must be modified. The modification must be SUBSTANTIVE (ie, arguing for stricter penalty will NOT count). Include a brief summary of the law/penal codes (with citation to that law AND to that particular element that is being modified) and your suggestions for the specific element that should be modified.  (For example, if you were modifying AZ’ Reckless Burning statute, you’d tell me you’re eliminating subsection (3) because wild lands should not be the subject of criminal prosecution.)  Next, include team member comments.

 

  • As a team, you should have already conducted a team discussion about the elements of the assignment. All team members must comment on ALL 9 laws as these comments will appear in the paper itself.  ***Aim for 50% of your paper to be comprised of your comments.

 

  • Prior to team discussion: each team member must propose 9 laws (3 new laws; 3 laws to be repealed; 3 laws to be modified). THEN, team must vote and pick which 9 will be used in team paper.  After outline feedback is returned, THEN, discuss these 9 laws.  These comments will comprise the BULK of your paper.

  • Format your paper according to APA standards (level headings required also). 2,500 words minimum.

  • Include your individual team member comments from your team discussion in the paper so I know by reading the paper, who thinks what. You may do this by directly quoting from the discussing and/or paraphrasing team member comments from discussion in your forum.  (Again, aim for at least half of your paper to contain these comments.)   Show the back and forth amongst team mates, and do not lump individual comments in separate paragraphs.

  • Resources to Start your Search (for Modified and/or Repealed Laws): Penal codes at http://www.findlaw.com and dumb laws at http://www.dumblaws.com/

  • Each team member must write a substantive portion of the final team paper (ie, editing the final draft or writing the introduction and conclusion will NOT earn full points).