Posted: February 6th, 2022
1. Can you think of an example of an ex post facto law?
3. Can a municipality enforce an ordinance totally banning religious organizations from canvassing neighborhoods in search of new members? What about an ordinance that prohibits such canvassing between the hours of 8 P.M. and 8 A.M.?
8. How does the doctrine of judicial review affect the power of a state legislature to define criminal conduct? Would the constitutional limitations on legislative power be effective without the power of courts to declare laws unconstitutional?
Page 101, Text: Questions for Thought and Discussion: Questions 1 and 5
1. Distinguish between the concepts of motive and intent in the criminal law. Can you cite an instance where, despite good motives, a person would be guilty of a crime?
5. Is there a justification for the criminal law not punishing a person for failing to act when there is a clear moral duty to act?
Page 119–120, Text: Questions for Thought and Discussion: Questions 1, 6, 7, and 9
1. What justifies criminalizing attempt, solicitation, and conspiracy?
6. Should statutes defining conspiracy require proof of an overt act in furtherance of the conspirators’ agreement? Why or why not?
7. Given the First Amendment protections of freedom of expression and association, can members of a revolutionary political organization be prosecuted for conspiring to overthrow the government of the United States?
9. What distinguishes the offense of conspiracy from the crime of aiding and abetting, discussed in Chapter 4?
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