Final Exam for CJ 5320

Critical Examination of Criminal Law

Spring 2002

Instructions: Choose THREE of the following questions. Each of the three questions must be from a different group. Spend approximately one hour per question. You may use your readings and notes, but you should not discuss these questions or your answers with anyone else. Your answers should be almost entirely in your own words; quote very sparingly. You may either type your answers or hand write them legibly in ink. The answers are due in my box no later than 9am on Thursday, May 23. Make sure to put your name on your answers, and also the numbers of the questions you've chosen. If you have any questions, email me. Good luck!
 

Group 1

1.    We discussed two forces that limit criminal laws: the constitution and policy issues. Describe each of these, and give several examples.

2.    According to Adler, why are child pronography laws a bad idea?
 

Group 2:

3.    Discuss the reasons why it has been impossible to find workable international approaches to fighting terrorism.

4.    Summarize the provisions of the 2001 Patriot Act.What do you see as the major advantages and limitations of this law? Would you have voted for it if you were in Congress?

Group 3:

5.    Keeping in mind the retrieval factors that may affect memory, what are some techniques police could use to obtain accurate information from eyewitnesses?

6.    Given what you have learned about eyewitness testimony and false confessions, what are some ways that the justice system could ensure the reliability of evidence in criminal cases?

Group 4:

7.    Discuss the history of Partial Birth Abortion legislation. What factors led to the enacting of special Partial Birth Abortion legislation?

8.    One question about hate crime laws is which groups to include within the law. All laws include certain groups (race, religion, etc.), but some groups are included only in some states' laws (e.g., sexual orientation, gender, etc.). if you were drafting a hate crime law, which groups would you include and why?

9.    One issue concerning Three Strikes laws is whether they deter violent crime, or perhaps even encourage it. Discuss the arguments on both sides. With which do you agree more, and why?

10.    Imagine that you are a legislator charged with the task of drafting a law against elder abuse. Write that law, and then briefly discuss your reasons for writing it the way you did.

Group 5:

11.    Discuss the pros and cons of making juvenile offenses count as first and second "strikes".

12.    According to the Supreme Court in Riggins v. Nevada, if the lower court had justified its rejection of Riggins' request to stop taking medication it could have argued the treatment with antipsychotic medication was medically appropriate to protect Riggins's safety and/or the safety of others. The lower court could also have argued that medically appropriate, involuntary treatment was necessary to obtain a determination of Riggins's guilt or innocence. If the lower court had dtermined to treat Riggins solely on the basis that it could not obtain a determination of Riggins's guilt or innocence without the medication, would they have violated his 6th and 14th amendment rights? Does the government interest in bringing someone to trial outweigh the trial prejudice caused by the involuntary treatment?

13.    Discuss the Supreme Court's holding in Kansas v. Hendricks. Do you agree with the majority or the dissent? Why?