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12 Questions

Name Professor InstitutionDate Question on criminology 1. How have recent decisions of the Supreme Court interpreted the Commerce Clause of Art? I Sec. 8 affected congressional authority to define criminal conduct? According to their interpretation it lets to the disagreement. The court defines the commerce law as to refer to directly to trade or exchange. This interpretation affects the fact that we cannot differentiate the federal and the state power. This failure to differentiate the power given to the federal and the power given to the state will confuse the congressional authority whether they are the one to act on the criminal offense. 2. What type of political speech if any may be prohibited under Brandenburg v. Ohio? Provide an example of such speech. A speech that seems to be a direct incitation or speech that is likely to produce some action is the type of speech required. This which someone can be incited to do include; impulse or physical need and desire and these are the examples of motives. An example of a situation where one is driven by the motives is when a person commits murder with a motive of money. The intent in the other hand means the state of mind at the time a person carries a crime or an illegal action. An example of intent is when one fires a gun with a different intention but unfortunately kills a person. 12. What is the difference between general and specific intent? The difference between general and the specific intent is that specific intent crimes require that the person who has committed this act should have a certain particular purpose when the crime was committed. And the definition of general crime intent does not require the person to have the purpose of committing the crime.
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1. How have recent decisions of the Supreme Court interpreting the Commerce Clause of Art. I, Sec. 8 affected congressional authority to define criminal conduct?

2. What type of political speech, if any, may be prohibited under Brandenburg v. Ohio? Provide an example of such speech.

3. Why does Justice Douglas, dissenting in Miller v. California, state that “obscenity cases have no business being in the courts”?

4. The Second Amendment to the U.S. Constitution stipulates: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Explain the reasoning of the Supreme Court in DC v. Heller (2008), in striking down a District of Columbia ordinance that effectively created a complete ban on handguns within the District.

5. On what constitutional grounds would a person likely challenge a local ordinance that provided “no one shall appear on the public streets unless he or she is clothed in ordinary street attire”?

6. What effect did the right of privacy announced in Griswold v. Connecticut (1965) have on the Supreme Court’s reasoning in its subsequent decision in Roe v. Wade (1973) invalidating state laws prohibiting abortions?

7. Why is the due process clause of the 14th Amendment important with regard to substantive criminal law?

8. Under what circumstances can criminal statutes be challenged as violations of the Equal Protection Clause of the 14th Amendment?

9. What test would a court apply in reviewing a statute that made it a crime for a person to practice medicine without a license? Why would it apply this particular test?

10. Under what circumstances might a person’s failure to act constitute a criminal act?

11. Distinguish between the concepts of motive and intent in the criminal law.

12. What is the difference between general and specific intent?

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