CRIMINAL PROCEDURE CH.9 CONSTITUTIONAL DEFENSES

1. May racially derogatory statements be made criminal? May racial motives be used to enhance the punishment for crimes such as assault and battery?

2. May religious beliefs be regulated by the state? May religious practices be regulated by the state?

3. State law requires that all children between the ages of 5 and 16 years attend an approved school. Defendants have been charged with violating the statute, as they do not permit their children to attend school. The Defendants are Mennonites and claim that it would violate their First Amendment right to freely exercise their religion. The defendants teach their children in a manner consistent with their religious teachings. Should they be convicted?