_______________

 

 

Assignment 1
 

Criminal Law
Unit 1: Nature of Criminal Law

1.  What is a crime?  How is this different from antisocial behavior or immorality?

 2.  The prosecution (the state) must prove all of the elements of a crime beyond a reasonable doubt to secure a criminal conviction.  In its most basic form, a crime consists of three general elements.  Define those elements as follows:

  1. Actus Reus:

  1. Mens Rea:

  1. Concurrence:

 3.  Some crimes are more complex because they require that some criminal harm occur.  Discuss these types of crimes citing examples.  Be sure to include definitions of “causation” and “resulting harm” in your discussion.

 4.  In addition to the elements of the offense, the state must prove (1) jurisdiction, (2) venue, and (3) the commission of the crime within the statute of limitations.  Define each of these three terms and give examples of when they would be a bar to prosecution.

 5.  Explain the difference between a felony and a misdemeanor.  According to A.C.A. § 5-1-106/107, how are felonies and misdemeanors graded in AR?

 6.  Define federalism and discuss its impact on criminal law at the local level.

 7.  Define the primary sources of criminal law and explain what happens if one is in conflict with the other.  [hint: Constitutions, the common law, criminal codes, ordinances, judicial decisions]

 8.  What is the Model Penal Code?

Unit 2: Constitutional Limitations on Criminal Law

1.  Describe the idea of the “rule of law” and explain how it limits the criminal law.

2.  Define ex post facto laws and explain their place in American criminal law.

3.  Describe the idea of the “void-for-vagueness” doctrine and explain how it limits the criminal law.

4.  Explain the idea of “equal protection” and explain how it limits the criminal law.

5.  Describe the right to free speech and explain the five basic types of speech that are not protected.

6.  How have the courts defined cruel and unusual punishment?  How does this constitutional provision limit the criminal law?

7.  Define double jeopardy.  Under what types of circumstances does it apply?

8.  What is the Bill of Rights?

Unit 3: Action in Criminal Law

1.  According to AR law (A.C.A. §5-2-202), how are the following terms defined?

 Act:

 Omission:

 Conduct:

2.  Explain why a criminal act must be voluntary.  Give an example of a circumstance where involuntariness makes an otherwise criminal act noncriminal.

3.  Discuss the idea of status as an act under the criminal law.

4.  Under what circumstances can a person be held criminally liable for failure to act?

5.  Discuss the idea of possession as a act under the criminal law.  Be sure to differentiate between actual and constructive possession.