Criminal Law, Criminal Culpability, And Criminal Liability

According to the text, criminal law is aimed at the misbehavior that falls below society’s norms and values. The burden of enforcing criminal law and maintaining public order and public safety falls to local, state, and even the federal government; all help to shape and prescribe conduct in the United States. Each state is specifically responsible for the maintenance of public order and public safety within their borders. The federal government is responsible for regulating criminal conduct delegated to it by the U.S. Constitution. Each branch of government, at the state and federal level, must proscribe the required elements of each crime charged and prove guilt beyond a reasonable doubt per the Due Process Clause and other constitutional requirements. In this assignment, you will explore criminal law, criminal culpability and its limitations, and what is required for criminal liability and punishment.

Instructions

Write a 2–3-page paper in which you:

• Explain the goals of criminal law and why these goals are still important today.
• Explain the connection between state police power and the limitations of this power imposed by the Constitution.
• Identify the differences between state and federal jurisdiction, when it comes to criminal law, and what is meant by due process of law.
• Describe the manner in which the four goals of criminal law are met by requiring and proving both a mental element and physical act beyond a reasonable doubt.
• Use at least three high-quality academic references. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment. For help with research, writing, and citation, access the library or review library guides.

Virginia’s law on ethical walls

Answer the following prompt using complete sentences, good grammar, spelling, and punctuation, utilize a word processing program, and proofread your work before submitting.

Be sure to explain your answers and back yourself up with either references to the textbook reading or outside sources, preferably primary sources of law, such as the Virginia State Bar Rules of Professional Conduct or the ABA Model Rules of Professional Conduct, or other source  AS APPROPRIATE (properly cited, of course).  Mention rules of law upon which you are relying within the body of your answers, and also include a complete citation to all of your sources in a references section at the bottom of your assignment.

1. Research Virginia’s law on ethical walls (formerly called “Chinese walls” if that helps inform your research).  Perhaps start with rule 1.10 on imputing conflicts to other people in a firm and/or 1.11 for those with a government agency.  Check for state bar opinions, as well as case law on this issue.  You can use the internet or an electronic legal research database such as WestlawNext or LexisNexis, etc.  The Virginia State Bar website has plenty of information as well, and your textbook has search engine suggestions on page 124.  Report on what you find, what you think about such, and provide citations.
2. Locate Virginia’s Rules of Professional Conduct related to lawyer advertising.  Would it violate these rules if your law firm adopted a vanity phone number such as 1-800-GR8-LWYR?  Can your law firm create a website address like:  www.greatlawyer.com?
3. Does Virginia prohibit the use of actors portraying lawyers in television advertising?  What do you personally think about this?  Is the public confused or fooled by this practice?  Do Virginia’s rules prohibit your law firm from using a clever jingle in a radio or television ad?

3004 Case Study – New Country

To Prepare:

Imagine that you are a consultant for a nation that is drafting a new constitution and developing a new judicial system. This new nation would like to model its system on the United States in many ways (or the system in the country in which you reside), but would also like to improve on that system where possible.

In this Assignment, your task is to create a consultation report for this nation that will be based in part—but also be an improvement upon—your existing system, thus using the exercise as a way to reflect upon your own nation’s judicial system.

The Performance Task:

Submit a 700 word consultation report for a nation that is creating a new judicial system as part of its newly drafted constitution.

The characteristics of the newly formed nation are the following:

Indigenous peoples make up 15% of the population; recent immigrants make up another 20%; descendants of a group that historically had been treated as a subclass but has been attempting to gain a foothold in society for many generations make up 35%; and a group descended from centuries-old settlers to the land make up the final 30%. This final group always has held the largest share of wealth and power, although other groups have marginal representation in these areas. This final group has for many generations held a significant majority of governmental roles.

In your consultation report address the following:

• Define due process in the newly created judicial system and how it will be articulated in a clear way to citizens.
• Identify important roles in the newly created judicial system.
• How do the roles in the newly created judicial system affect the balance of power? How does the balance of power affect each role?
• How do you propose balancing the protection of rights with the protection of society?
• How can the new judicial system be developed with cultural awareness as a key feature?

Be sure to reference your course readings to support your claims and reasoning.

As a separate critical reflection that is not a part of the report, respond to the following:

• How does an exercise like this contribute to positive social change in your own judicial system?
• How does or can an awareness of cultural diversity affect decisions made in the judicial process?
• How does or can an unwillingness to consider cultural diversity affect decisions made in the judicial process?

FDIC’s powers

Question 1

a – Please list formal enforcement powers, and the federal bank regulatory agency to which they are principally granted, for dealing with troubled institutions.

b – Do the powers go farther than necessary to achieve the goals assigned to the regulator? Explain.

Question 2

Please list various approaches to failed bank resolution adopted by the FDIC, and in particular, the advantages and disadvantages of the “open-bank assistance” approach.

Question 3

For an insured bank in default the FDIC is authorized to arrange a purchase and assumption transaction.

a – Please list the priorities the FDIC applies when authorizing an assisted emergency acquisition.

b- To what extent, if any, should the FDIC’s powers be available to the banks which purchase the assets and liabilities of the failing institutions?

At least 1 page per question

US statutes and cases – correct citations

Sacred Law in terms of its other designation Islamic Law

Discuss the Sacred Law in terms of its other designation Islamic Law. Discuss the following: the two primary sources of Islamic Law, Crime and Punishment under Sharia, and equality and Islamic Justice.

Compare these laws to US law. In your opinion, which sets of laws are most effective? Why?