Reference no: EM133208923

Question - At the end of each chapter, the textbook contains various assessment activities. Review those activities as a means of self-assessment. Do you feel confident with your understanding of the chapter objectives? If so, proceed to the assigned questions for this week. If you have questions or concerns, let's discuss them in ASK?'s before moving forward with this assignment.

Instructions - Answer each of the questions provided below. The textbook should be referred to for a general understanding of each concept. However, every response must be answered with information obtained from primary authority or a secondary scholarly source through Westlaw or LIRN. Sources cannot be used more than once. If there are five questions, then five different sources are required.

Question One -

1. Explain each the five purposes (i.e. rationales) for punishment. Explanation must come from a secondary scholarly source obtained from Westlaw or LIRN.

2. Select the one purpose / rationale that is most effective (you may base the decision on your opinion, but it must be drafted in third person without ever using "I"). Support your response with at least one primary authority from Westlaw.

3. Find a law review article or scholarly article where that purpose was reviewed or studied. Discuss the article's conclusions.

4. Provide properly formatted citations to all sources. They must be embedded within your content, as per the Bluebook Practitioner Rules.

Question Two -

1. Define, compare, and contrast assault and battery. Explanation must come from a secondary scholarly source obtained from Westlaw or LIRN.

2. After explaining the difference(s), provide a short summary of your state's criminal / penal statute on the crime of battery. Cite that statute. Westlaw must be used to retrieve the statute.

3. Discuss a case (i.e. a judicial opinion / case law) from your home state where the defendant was found guilty of battery. The case must come from Westlaw. Discuss the facts from the case and the court's rationale (i.e. reasoning) for concluding that the defendant did in fact meet the elements of battery.

4. Provide properly formatted citations to all sources. They must be embedded within your content, as per the Bluebook Practitioner Rules.

Question Three -

Go to the Death Penalty Information Center. Access the Fact Sheet which is located under: Facts and Research.

1. Discuss information that might have surprised you or that you found interesting. You would use the "Fact Sheet" as your source. Provide a properly formatted citation.

2. Discuss the information from that site regarding cruel and unusual punishment as it applies to capital punishment. Again, a properly formatted citation must be provided.

3. Based on your personal point of view regarding the death penalty, find a law review article (Westlaw) or scholarly article (LIRN) in favor of or against the death penalty. Briefly summarize the findings from that article.

4. Provide properly formatted citations to all sources. They must be embedded within your content, as per the Bluebook Practitioner Rules.

Question Four -

1. Define, compare, and contrast constructive possession versus actual possession. Explanation must come from a secondary scholarly source obtained from Westlaw or LIRN.

2. Find a case from your state where the defendant was found guilty for the constructive possession of an illegal substance. The case must come from Westlaw. Discuss the facts from the case and the court's rationale (i.e. reasoning) for concluding that the defendant did in fact meet the criteria for constructive possession.

3. Provide properly formatted citations to all sources. They must be embedded within your content, as per the Bluebook Practitioner Rules.

Question Five -

1. Explain what strict liability means in criminal law. Support your explanation with a primary authority or a secondary scholarly source from Westlaw.

2. Find a case from your state where the defendant was found guilty of a strict liability offense. The case must come from Westlaw. Discuss the facts from that case and the court's rationale (i.e. the reasoning to find the defendant guilty of the strict liability offense).

3. Are you in favor of crimes that do not require mens rea (i.e. strict liability offenses)? Do not use "I" to draft your argument; rely solely on the source being cited to draft your response. Support your argument with a secondary scholarly source from Westlaw or LIRN. Remember, the source must be your voice.

4. Provide properly formatted citations to all sources. They must be embedded within your content, as per the Bluebook Practitioner Rules.