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Criminal Law Exam 2
Criminal Law Exam Review Questions 2
| Question | Answer |
|---|---|
| Explain "inchoate crimes." | Crimes that were begun but not completed, such as conspiracy or attempt. |
| What is the "Castle Doctrine"? | A legal doctrine that allows individuals to use reasonable force, including deadly force, to protect themselves in their home. |
| How would the application of the "reasonable person standard" differ in cases of self-defense versus negligence? Discuss the implications for the defendant. | Self-defense assesses threat perception, while negligence focuses on duty to act. This impacts liability significantly. |
| Consider a case where a defendant pleads insanity. What factors should the court consider to ensure a fair judgment? | Courts should evaluate mental state and illness severity, balancing rights and public safety. |
| Analyze the "felony murder rule" in relation to proportionality in sentencing. Is this rule fair? | Often seen as unfair; it imposes harsh sentences regardless of intent, disrupting proportionality. |
| If a defendant commits a crime under extreme duress, how should this affect culpability? | It may reduce culpability but varies by case, leading to inconsistent applications. |
| How do cultural differences influence interpretations of "reasonable" behavior in legal contexts? | Cultural norms shape perceptions, affecting self-defense and consent definitions. |
| Evaluate the effectiveness of the "three strikes law." Contributes to crime reduction or overpopulation? | Evidence suggests minimal crime reduction and increased prison overpopulation. |
| How can "strict liability" serve public safety yet lead to injustice? | It ensures accountability but may punish individuals without intent, like a chef for contaminated food. |
| How do mitigating factors affect justice in sentencing? | They personalize justice but can disrupt uniformity across sentences. |
| What role does the media play in shaping perceptions of criminal cases? | Media influences bias; ethical reporting should ensure accurate, fair coverage. |
| How might plea bargaining undermine the integrity of the justice system? | It may coerce innocent pleas; alternatives include restorative justice focus and comprehensive trials. |
| How should socioeconomic factors influence criminal justice policies? | Policies should address root causes like poverty, not just punitive measures. |
| How have advancements in technology changed criminal law? | Technology, like DNA, improves accuracy but raises privacy and wrongful conviction concerns. |
| Discuss the "war on drugs" impact on sentencing disparities. | It leads to disproportionate sentences; reforms could include decriminalization and fair guidelines. |
| Assess rehabilitation programs' effectiveness in the justice system. | Success depends on meeting individual needs; integration should include thorough assessments. |
| How do cultural responses to crime differ internationally? | Responses vary widely; some prioritize rehabilitation over punishment, complicating universal standards. |
| Evaluate police discretion in law enforcement. | It allows flexibility but risks bias; clear guidelines and oversight are needed. |
| How does "equal protection under the law" challenge inequalities in the justice system? | Systemic bias undermines this principle; reforms should focus on equity and accountability. |
| What are the benefits and downsides of restorative justice? | It promotes healing but may lack effectiveness for serious crimes. |