Reference no: EM132705314

Criminal Law

1. Do citizen detainees of the United States in the current "war on terror" have a right to have their detentions reviewed? If so, by whom? Do non-citizen detainees possess the same rights?

2. What are the elements of the crimes of terrorism, sedition, and treason? Provide real evidence examples of each.

3. Modern terrorism confounds the historic legal distinction between crimes and war. Do you believe the current war on terrorism should be governed by the rules of criminal law or by the rules of war? Explain your answer.

4. Roxy Consuelo persuaded a group of young Filipino women to move to Oceanella, a small island nation in the South Pacific Ocean. Charismatic and well spoken, Roxy promised the women well paying jobs, homes, and the prospect of continuing their education. She told them the only obstacle to their success in Oceanella was immigration law, which didn't permit them to move to Oceanella. But she told them it was easy, safe, and common for immigrants to enter Oceanella illegally, to live good lives, and to eventually qualify for legal status.

Kim Kalaw, 19-years-old, was one of the women convinced to move. After difficult travel, Kim and 14 other women arrived at Oceanella early in the morning by boat. The 15 girls were rushed, under cover of darkness, to a factory where a business partner of Roxy had agreed to receive the women. However, the factory was boarded-up and the partner was not to be found. Roxy called the partner and learned that his factory had been closed by the police the day before and that the partner was a fugitive from justice. He suggested that Roxy contact " Rusty," whose business was only a block away. He said that, even though Roxy didn't know him, she "could trust Rusty." Roxy called him, negotiated a price of $ 5,000 U. S. per woman, delivered the women into Rusty's care, and returned to Asia. Rusty told the women that they were not allowed to leave his compound, lest they would be arrested by Oceanella police and jailed for violating immigration law. He told them that they were expected to work to pay for their room and board.

Over a period of two weeks he visited each woman at night, coercing each, under threat of turning them into the police or onto the streets, into having sex with him. Over months he coerced each girl into prostitution, serving as many as 20 men per day. One year after their arrival Kim escaped the compound, found a police officer, and reported what had happened. The police arrested Roxy and Rusty and the High Prosecutor of Oceanella has charged both with trafficking in persons and human smuggling.

Using the basic elements of those crimes you learned in this module, discuss whether the two defendants are each guilty of neither, one, or both of the charged offenses. Explain your answers and build a case for the prosecution or defense.

Juvenile Justice

1. Dennis, a 15-year-old juvenile, has been adjudicated delinquent in a case where he stole a car. Dennis has had no prior adjudications in the juvenile court; however, he has been detained by police on two previous occasions for theft and disorderly conduct. In both of the previous detainments by police, Dennis was released to the custody of his parents with no formal charges ?led. Dennis currently lives with both his parents at home, attends school fairly regularly, and has average grades. He does not currently have a job and expresses a wish to remain in school to ?nish his degree. On the basis of the factors discussed in this module, what sentence do you think Dennis deserves? What determining factors weighed most in your decision? If you decide to grant probation in this case, what conditions would you impose on Dennis? If you decide to commit Dennis to a placement, what factors weighed most heavily on your decision?

2. Given the range of alternatives discussed in this module, which of the community correctional programs do you think would be most appropriate for nonviolent offenders? Which components of these programs do you think would be most bene?cial for nonviolent offenders? If the juvenile has a substance abuse problem, which program or programs would you think would be most effective in deterring the juvenile from committing future delinquent acts?

3. Write a mission statement for a long-term, secure, state-operated juvenile correctional institution. Your mission statement should re?ect the correctional goals you think will be most effective in preventing recidivism among the juveniles you serve. Be sure to list several goals and related objectives in your statement.

4. Develop a list of criteria you would use to make a determination of whether a juvenile should be sent to a secure placement facility. Your criteria should examine the following variables: the offense committed, the impact of the offense on the victim, the juvenile's criminal history, the juvenile's socio-demographic profile, the juvenile's psychological profile, and any other characteristics you deem relevant.