week three journal

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Sep 24, 2023
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Week 3 journal Melanie Sanchez 08/19/2023 Professor Mello 1. Discuss the impact of rape shield laws and the impact of having this evidence excluded from trial affects the evidentiary definition of relevant evidence. Some rape shield laws protect victims from having to reveal their sexual history in court. Others may restrict the types of inquiries concerning a victim's sexual history that can be asked, or they may demand that any evidence of a victim's sexual history be relevant to the case in order to be admissible. This can impact both the case and the victim because their sexual history shouldn't be as important when discussing when they were raped. It's basically to prevent their sexual history to be used against them when in court. 2. Discuss how the First Amendment protects free speech. Where is the line drawn regarding free speech that is hateful or offensive and protected, with words that are threats? Be able to provide a case example in your answer. The First Amendment protects free speech, which includes the right to express oneself without interference or censure from the government. The First Amendment, however, does not protect all expression. Speech that is judged to be hate speech or a threat, for example, is not protected by the First Amendment. In general, the First Amendment protects speech that is offensive or hateful. However, there are some exceptions, such as when the speech is considered to be a threat. Like for example in in the famous case of R.A.V. v. City of St. Paul, the supreme court made it a law that burning a cross with the intention to intimidate the people, or anyone would be illegal, but then this law could also criminalize protected speech like for example, a political protest. 3. Chose one of the following kidnapping cases: Ariel Catro's kidnappings in Cleveland of Michelle Knight, Amanda Berry and Gina DeJesus, Philip and Nancy Garrido's kidnapping of Jaycee Duggard in California, Brian David Mitchell and Wanda Barzee's kidnapping of Elizabeth Smart in Utah or Kenneth Parnell's kidnapping of Steven Stayner in California. Discuss the case. Does the crime of kidnapping still exist if the victims are held for over a year or what if they are held over ten years? What other criems would be considered in the case you chose? The offense of kidnapping has no time frame limit. As a result, even if a victim is detained for more than a year or even a decade, the crime of kidnapping can still be accused. Other offenses, such as rape, assault, and false imprisonment, may also be charged in similar scenarios. In this instance, the victims were held for years, specifically ten years, and the kidnapper, Ariel Castro, was a bus driver. He was charged with four counts of kidnapping and three charges of rape due to all of the women stating that they were continually raped by Ariel over the years.
4. Bill takes his watch into Megan's Watch Shop for repair. A customer comes in and seeing the watch, wants to buy it. If Megan sells him the watch, is she guilty of any crime? Is the customer? If so, discuss what crimes Megan or the customer could be charged with? Discuss in your answer what elements of a crime have taken place? Megan may be charged with theft by deception if she sells the watch to the customer. To be convicted of theft, the customer must have intentionally received the watch while knowing it was stolen. If the customer was unaware that the watch had been stolen, he would not be charged with theft. When a person gets property of another through deception with the goal to deprive the owner of the property, this is referred to as theft by deception. Megan tricked the buyer in this case by selling him a watch that did not belong to her. The customer was then cheated out of his money. Megan and the buyer might both face theft by fraud charges. 5. How many of the offenses against morality are likely to change in the foreseeable future in light of society's changing standards of morality? Support your answer with examples. It is difficult to predict how many of the moral transgressions will alter in the future because society's moral standards are difficult to accurately predict. Nevertheless, if society becomes more accepting of alternative lifestyles, some of the moral transgressions, such as adultery and fornication, may become less common. The most prominent example is sexual apps such as just fans or Escorts, which are becoming more common in society by the day.
References: Crime Museum, LLC. (2021, August 10). Ariel Castro Cleveland Kidnappings - Crime Museum . Crime Museum. https://www.crimemuseum.org/crime-library/kidnappings/cleveland- kidnapping/ Thompson, M. (2022). Theft by Deception: Laws & Legal Definition. Lawrina . https://lawrina.org/blog/theft-by-deception/ What is the Rape Shield Law? (n.d.). Memphis Sex Crime Attorney J. Jeffrey Lee. https://www.mysexcrimeattorney.com/what-is-the-rape-shield-law/
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