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1. Two well-known athletes who are considered the best in
the world are about to compete. Athlete A knows that Athlete B used a substance
regularly for two years and stopped a month ago. Today the drug is illegal.
Athlete A goes to the police and reports the previous illegal activity to get
Athlete B jailed to miss the competition and secure a win for Athlete A without
even competing. What are the criminal law implications here and will Athlete A
be successful with the plan? Your answer should list any pertinent rules and
then apply them to the situation.
2. An undercover officer approaches a man in a bar and says,
“Can I hire you to kill someone for me?” The man replies? How much are you
paying? The officer responds $10,000. He gives him the target information and
agreed to pay him upon completion. The target is another police officer. As the
man attempts to kill the target, police swoop in and arrest the would-be
hitman. Discuss and explain whether this is acceptable or unacceptable police
work. Then, describe what, if any, defenses are available to the hitman. (20
points)
3. John is driving his sports car on the interstate at 65
MPH, while a friend is hanging onto the roof of the car. They are allegedly
practicing because they both want to be stuntmen. Of course, the friend loses
his grip, falls off the car, and is killed. John is arrested and charged with
Involuntary Manslaughter in the death. As John’s attorney, can you explain how
the prosecution will demonstrate his Mens Rea or mental state at the time of
the incident? You may use the Model Penal Code to explain your answer. (20
points
4. Please provide the list of the core felonies which are 5
felonies against persons and 4 felonies against the property.
5. Discretion is an important part of the criminal justice
system. Please identify those areas where discretion is used and explain why it
is or is not a useful tool.
Unit 4
Student’s
Name
Institution
Course
Name/Number
Instructor
Due
Date
Unit 4
Question 1: Implications for Using
Performance Enhancing Drugs
The
possible judgment to athlete B upon prosecution by athlete A will depend on the
effect and kind of illegal drug he has been using for the last two years. For
instance, if the illegal drug has no performance-enhancing effect, the athlete
is likely to be set free since he/she has stopped using the drug for about one
month. On that note, the athlete would be free to proceed to compete with
athlete A. however, if the drug in question has performance-enhancing effect,
athlete B will be charged with consumption of illegal. Besides, he would be
denied an opportunity to participate in the forthcoming athlete competition
because the drugs he has consumed in the last one month can help him gain undue
victory in athletic. In this case, athlete A would be successful in his plan.
Question 2 Application of
Intoxication Defense
It
is not acceptable police work according to the justice system. Undercover
police have to investigate the allegations given about a suspected person. The
undercover cop should carry on his task by interacting with the suspect freely
without necessarily revealing his identity. Once the undercover police is
convinced that the suspected person is who people claim he is, he can assist a police
to arrest the suspect and take him to court for judgment. The hitman is liable
for intoxication defense because since the undercover police approached the man
in bar is a likely suggestion that he was drunkard. Hence, it is worth assuming
that if it were not for the man was under the influence of alcohol, he would
not have accepted killing the other person for $10,000 without even asking why
the person is killed.
Question 3 Mens Rea in Medal Penal
Code
As John's Attorney, I can defend him from prosecution by, saying he lacked Mens Rea at the time of accidents. His case could be termed as...