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Unit 4

Pages:
2 page
Sources:
0
Solution:
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Subject:
LAW, ETHICS, CRIMENOLOGY
Language:
English (U.S.)
Date:
Total cost:
$ 7

INSTRUCTIONS:

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.

SOLUTION:

Unit 4

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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...

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