Posted: February 26th, 2022

Compare the M’Naghten, irresistible impulse,

Question1

This is a multi-part question. The total answer to this first question should contain at least 350 words. Please remember to list your references in Bluebook or APA format, even if your only reference is the ebook.

1. Rank the three sources of law, from highest to lowest, and explain why you ranked them in this way.
2. Why is it important to understand the sources of law in the study of criminal law?
3. What is the purpose of statutory law and the purpose of case law?
4. Explain why the author of the ebook states that case law is a “powerful source of law”. In what way is it powerful? Please give a specific example of the use of case law in the criminal law arena.

Question 2 (25 points)

This is a multi-part question. The total answer to this second question should contain at least 350 words. Please remember to list your references in Bluebook or APA format, even if your only reference is the ebook.
1. Define speech under the First Amendment.

2. Identify five types of speech that can be governmentally regulated in spite of the First Amendment.

3. Of the cases listed in Chapter 3 of the ebook on Free Speech, what case do you believe is the most significant and why? This is a multi-part question. At least 350 words should be used to answer this second question. Please remember to list your references in Bluebook or APA format, even if your only source is an ebook.
1. Define speech under the First Amendment.

2. Name five kinds of speech that can be controlled by the government, even though the First Amendment says they can’t be.

Which of the cases in Chapter 3 of the ebook on Free Speech do you think is the most important, and why?

Question 3 (25 points)

This is a multi-part question. The total answer to this third question should contain at least 350 words. Please remember to list your references in Bluebook or APA format, even if your only reference is the ebook.
1. Compare the M’Naghten, irresistible impulse, and substantial capacity tests.
2. What is the difference between diminished capacity, and the insanity defense?
3. What was the defendant seeking to do the State v. Hornsby, 484 S.E.2d 869 (1997)? Was he successful?

Question 4 (25 points)

This is a multi-part question. The total answer to this final question should contain at least 350 words. Please remember to list your references in Bluebook or APA format, even if your only reference is the ebook.

1. Define the criminal act and the criminal intent element required for rape and how much resistance a victim must demonstrate to evidence lack of consent.

2. What is are the rape shield laws and why are they used?

3. How are domestic violence statutes different than standard assault, battery, sex offenses, or criminal homicide statutes?

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