Question
Please read what others have said and respond with your research or knowledge. Number your responses. Please do not repeat what you have read. 1.
Please read what others have said and respond with your research or knowledge. Number your responses. Please do not repeat what you have read.
1. "Depending on the particular ordinance, the jurisdiction of the laws only extends to the provincial, municipal, and municipal levels of government. However, specific regulations do extend their authority to the municipal level. Ordinances can only be passed if a law that gives the rules the jurisdiction to do so has first been enacted into law. Otherwise, they are impossible to pass. After legislation has been enacted, the next step is to draft an ordinance to implement the law."
Please review this article below for further information on criminal law and how it all works. Do you think we should have one set of laws for the entire nation or do you like the variances?
https://www.diffen.com/difference/Federal_Law_vs_State_Law
2. As we read in the textbook this week there are numerous different resources to pull from when looking at criminal applications however they all do not hold an equal weight with each other.
The US Constitution is the highest law of the land and establishes the fundamental principles and structure of the federal government. Its relevance to criminal law lies in the protection of individual rights, ensuring due process, and prohibiting actions that violate constitutional guarantees. The Constitution calls out what falls under the Federal government's authority and what falls at the State Level.
The statutes and ordinances that are established all the way from the municipal level to the state level hold another level of weight as some issues are directly given authority to the state by the Constitution. They articulate specific rules and regulations governing criminal conduct. These laws are characterized by their specificity, providing a clear outline of prohibited activities and corresponding penalties.
The Model Penal Code is a comprehensive set of criminal laws and provisions developed by legal scholars. Although not binding, many states use it as a template for their statutes. It serves as a valuable reference for legal practitioners.
3. You made a very valid point in saying that it is important to consider all resources before prosecuting. Although the Constitution of the United States does hold the highest power/weight each and every one of these sources should be considered when prosecuting criminals. The Constitution is what one could call the checks and balances over all people as well as protects liberty as well as encourages compromise and prevents instability in the United States if interpreted appropriately. Overall the attributes of each crime do not hold the same consequences so when looking at how to prosecute crimes/criminals all of these resources must all be taken into consideration. Do you think there are times that law enforcers may misinterpret the Constitution depending on what type of prosecution is being presented?
4. The concepts of "mala in se" and "mala prohibita" refer to different categories of offenses, each with distinct characteristics and implications. "Mala in se" translates to "evil in itself" and pertains to actions that are inherently wrong and would be wrong even if they were not criminally illegal. An example of this would be when the Nazis were charged with crimes against humanity at the Nuremberg trials after World War 2. While the Nazi's actions were not illegal in Germany the international community deemed that their actions were morally criminal.
In contrast to this "mala prohibita" means "wrong because prohibited" and involves offenses that are illegal because they have been prohibited by law, although they may not be inherently immoral. Examples include certain drug offenses or traffic violations, tax evasion, or disorderly conduct.
Mala prohibita crimes can tell you about what the current priorities of a community are. An example of this would be the legalization of marijuana for personal consumption in the State of Az. Prior to the law being changed by the State, AZ charged persons with a class 6 felony for personal possession of marijuana. Mala prohibita crimes can give great insight into what a community's priorities are and may change with the ebbs and flows of society.
5. Excellent job on your main posting, you stated: "The concepts of "mala in se" and "mala prohibita" refer to different categories of offenses, each with distinct characteristics and implications. "Mala in se" translates to "evil in itself" and pertains to actions that are inherently wrong and would be wrong even if they were not criminally illegal. An example of this would be when the Nazis were charged with crimes against humanity at the Nuremberg trials after World War 2. While the Nazi's actions were not illegal in Germany the international community deemed that their actions were morally criminal."
6. Mala in se and mala prohibita are two distinguishable types of crimes. Mala in se are inherently evil crimes like murder or rape, while mala probibita are crimes committed against the written law, like driving without license or tax evasion (Lippmann, 2021). Laws against both help the society thrive in safety and security. These distinctions are still important as both types of crimes carry similar weight. But they also help to show the priorities of the communities as mala in se are inherently evil and hurt others directly. People may avoid committing mala in se crimes as their own conscious will keep them away from committing these types of crimes. Mala prohibita, on the other hand, being a direct reflection of the value of the country and the local community show the obedient person's moral stance on always abiding by the law.
Please read the statement below and answer the questions. Please number your responses; as they are already numbered.
7. Kevin Whalling, Chief Counsel for the Whalling Law Group, PLLC must present on behalf of a newly formed Arizona Marijuana Growers Association (AMGA) at the Arizona State Legislature's Senate Judiciary Committee to persuade legislators on the Committee that societal determinations of what is criminal is shifting away from criminalization of marijuana use to legalization of marijuana use. The AMGA wants to begin legally growing marijuana crops in Arizona for profit. Mr. Whalling has asked you to prepare a Memorandum of Law about societal determinations of what is criminal so he can help persuade the Senate Judiciary Committee to move forward with the marijuana farming bill.
Remember that this is an internal memorandum for Mr. Whalling; while his job is to support the bill on behalf of the AMGA, you can provide an objective analysis concerning whether such legislation makes sense based on the societal determinations of law.
1. Subject: Name of Assignment - Client Name
2. Issue: In a short one or two sentence statement, provide what the issue is for Mr. Whalling.
3. Facts: Determine some of the reasons why society may deem some actions as a) Acceptable, b) Deviant, c) Criminal, and provide a minimum of two historic American examples of behavior that has shifted from criminal to acceptable.
4. Discussion: Provide some relevant law concerning laws pertaining to growing marijuana in states other than Arizona.
5. Conclusion: Provide a conclusion concerning whether Arizona may pass such legislation based on societal determinations of law and existing marijuana farming laws
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