Criminal Law
Choosing ONLY 1 question
Take Home Midterm CRJ 101 Professor Giordano
Choose 1 question only!!Answer all parts. Answer must be 4 FULL pages. You may use notes, text, articles to support your answer. However, you must cite in this format: APA or MLA. You can google how to cite. Check spelling and grammar; proper sentence structure; professional language is required. Double space; font size 12 Times New Roman. Keep in mind if you copy an author’s work it isplagiarism and is grounds for dismissal from the school.
1 – Research Battered Women’s Syndrome. Should the courts allow BWS as a defense; why or why not?Address whether it should be recognized as a Mental Disorder. Address whether it meets the criteria for self-defense. What are some of the myths associated with BWS? How do these myths play out in the criminal justice system and in relation to establishing self-defense? Please highlight Barbara Sheehan and Francine Hughes as the case studies when discussing BWS criteria.
2- Review 1 case only: Ted Bundy; Richard Ramirez or Jeffrey Dahmer. You will need to summarize facts when preparing your defense. You are the attorney. Address whether the Durham Rule or McNaughten Rule could have be used. Why/why not? Address whether (NGRI) Not Guilty By Reason of Insanity or (GBMI) Guilty But Mentally Ill could have been used. Why/why not? In preparing a defense for your client what sociological, biological or psychological factors would you want the judge/jury to be aware of that could possibly explain your client’s committing of the crimes and support your defense of insanity.
3 – What is an insanity defense? Legal definition vs. medical definition. Under what circumstances is a person considered insane? Who determines of a person is insane? How often is it used? What problems arise when trying to use this defense? Is it usually successful? Why/Why/not. What are the criticisms of the insanity defense? You will need to discuss the irresistible impulse test and M’Naughten Rule. You can use Andrea Yates or David Berkowitz as case studies.
4 – Should the government engage in wiretapping without a warrant if an individual is suspected of engaging in political crimes? Should the police be able to go through your cell phone without obtaining a warrant in all circumstances or only under certain specified circumstances? Justify your answer by referring to the Constitution, Patriot Act, Freedom Act. You may discuss the impact of Snowden’s leaks on current policy with regard to these matters. You may refer to due process and crime control models.
5 – Police Officer Edwin Raymond and Officer AdhylPolanco, who is considered a whistle blower filed a federal lawsuit alleging that NYPD set arrest quotas for officers which ultimately impacted them negatively if they could or would not comply with fulfilling the quotas. How are setting quotas discriminatory towards minorities, both police officers and civilians? How does the quota system impact Black and Hispanic NYPD officers who claim they have been penalized for reporting and compliance about NYPD quotas? What is the NYPD’s (Commissioner Bratton’s) response to the accusations? You will need to research both officers and the court decision.
6 – After the San Bernardino, California killings a battle ensued between law enforcement and Apple over unlocking the terrorist’s smart phone. This battle ended on Tuesday evening, 2/23/16 when a federal court ordered Apple to help the FBI by unlocking the phone. Apple states that the software to unlock the phone does not exist. What is the government asking for? What does the court order require Apple to do? Does Apple have to comply with the order? Can the FBI build their own software to unlock the phone? Are there other ways for the FBI to get the information they need? What are the legal implications for the tech industry? You will need to reference Edward Snowden.