CJA 354 Week 5 Final Paper - Criminal Legislation (1-2)

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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


A. 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.


B.
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, i
nclude 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the MPC) you believe must be repealed.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). 

 
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