Assignment:
Discussion 1
"Criminal Law and the Principle of Legality" Please respond to the following:
• From the e-Activity, specify the key differences between criminal law and moral law. Next, explain the common approaches that the judicial system takes in order to ensure that the public upholds criminal law. Provide one (1) specific example of a case within the past three years in which the judicial system applies these approaches to support your response. Next, discuss whether or not you believe there is a compelling public need for the principle of legality (aka: no punishment without law or due process of law). Provide a rationale to support your response and respond to no less than one of your peers
Discussion 2
"The Commerce Clause and Federal Jurisdictional Power" Please respond to the following:
• It is common knowledge that under the American system of federalism, police power gives the states the responsibility for maintaining public order and safety within each state, including the passing and enforcing of criminal laws. However, the federal government must rely on specific powers granted by the Constitution to pass criminal laws. Discuss the importance of the Commerce Clause and the jurisdictional power it grants to the federal government. Include one example of a legal case that was decided based upon the courts application of the Commerce Clause. Provide a rationale to support your response and respond to no less than one of your peers.
Discussion 3
"Solicitation vs. Conspiracy to Commit a Crime" Please respond to the following:
• Compare and contrast the required elements of solicitation of another to commit a crime versus the required elements of conspiracy to commit a crime. Provide one (1) example of each crime in question. Provide a rationale to support your response and respond to no less than one of your peers
Discussion 4
Conspiracy to commit a crime is an inchoate or incomplete crime that involves an explicit or implied agreement among people to carry out a criminal act (Robinson, 2017). There must be an overt act to commit the crime. An example is when one person pans to carry out a bank robbery and calls for a meeting with other people. Attending the meeting suffices to prosecute everyone who attends the meeting as a conspiracy to commit the crime.
On the other hand, a solicitation to commit a crime refers to an incomplete crime involving requesting, inviting, hiring, commanding or encouraging another individual to carry out a criminal offense (Robinson, 2017). During prosecution, it must be proved that a defendant intended the other individual to do what the defendant suggested. This means that making a joking suggestion to assault a person but this is taken seriously will not amount to solicitation to commit a crime. The defendant must invite, request, command and encourage that the crime is committed. An example is when Job asks John to assault Dan but John refuses. However, he is bribed to commit the act. In this case, the job has solicited John.
References
• Robinson, P. (2017). The Structure and Limits of Criminal Law. Routledge.