BCJ 3601 UNIT VII ESSAY Instructions Refer back to the two reading assignments for this unit. Then, write an essay that addresses the areas listed below. Read “Should Cross Burnings be Protected as a Form of Free Speech?”, and address the elements listed below.Summarize the decision of the U.S. Supreme Court in both of the cases that are excerpted in the handout. In a few words, explain why the court in R.A.V. v. City of St. Paul overturned the decision of the Minnesota Supreme Court. Explain why the court upheld the Virginia statute in Virginia v. Black.In Virginia v. Black, what did the court mean when it held that “just as any state may regulate only that obscenity which is the most obscene due to its prurient content, so too may a state choose to prohibit only those forms of intimidation that are most likely to inspire fear of bodily harm”?Read “Does the Sending of Obscene Material Over the Internet Constitute the Transportation of Obscene Material in Interstate Commerce?”, and address the questions below.Do you agree that the statute in question applies to computer-generated and computer-transmitted information?Should the government be required to present expert witnesses to establish that the material in question is obscene? Is this a question that a jury can decide on its own? How are jury members aware of “community standards”?If the community standards are different in Milpitas, California, from those of Memphis, Tennessee, why should the defendants be held accountable for the standards in Memphis and not those in the location where the material was transmitted?Are you satisfied with the test for obscenity? In what manner, if any, would you change the standard? Your essay will be a minimum of two pages in length, not counting the title and reference pages. Your essay should contain a clear introduction and be well-organized. You are required to use at least two resources to support your essay, one of which may be your textbook. All resources used including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Your essay, including all references, will be formatted in APA style. HSL 2301 UNIT VII RESEARCH PAPER Instructions In Unit VII, submit your research paper on your chosen domestic pre- and post-9/11 terrorist event. The research paper must be written using the following outline structure: Title pageIntroduction: In this section, identify the two terrorist events that have been previously selected, and briefly explain why these events serve as good comparison points for evaluating how terrorist activities have evolved over time. This section should be at least one page in length.Pre-9/11 terrorist event: In this section, describe the first terrorist event that is being used for comparison. The description of this terrorist event must include the nature of the event, methods used by the terrorists, and eventual outcome of the event. This section should be at least one page in length.Post-9/11 terrorist event: In this section, describe the second terrorist event that is being used for comparison. The description of this terrorist event must include the nature of the event, methods used by the terrorists, and eventual outcome of the event. This section should be at least one page in length.Terrorist events comparison: In this section, compare and contrast the two terrorist events that were described in the previous sections. Suggested areas for comparison include (1) motivations for attacks, (2) methods of attack, (3) impact on society, and (4) lessons learned from attacks that can be used to develop counterterrorist strategies. You should also discuss how terrorist strategies have evolved from the first event to the second event. This section of the research paper should be at least two pages in length.Summary and conclusions: In this section, summarize the evolution of terrorism based upon the two selected events. This section should be at least one page in length.References: Provide a reference list that is formatted per APA (6th ed.) guidelines. While the level of detail in each section of the research paper will vary, it is expected that the final paper will be at least six pages in length, not counting the title and reference pages. An abstract is not required.
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BCJ 3601 Unit III Essay
Columbia Southern University
The Battered Woman’s Defense
The effects of battered woman’s syndrome cannot be clearly defined by a single profile
which will address the kinds of the matter it deals with. This, therefore, will limit our
understanding of the battered woman’s syndrome. However, the battered woman’s syndrome
does suggest that there is a psychological impact of the syndrome on the victim (Faigman, 2016).
The psychological effect it has on the victim is defined by the standard set of symptoms that all
victims experience. Therefore, the reaction that battered woman would have on violence and
abuse cannot be similar; hence it will vary based on the symptoms suffered. This impacts the
clear understanding and definition of the matters associated with battered woman’s syndrome
since the term is open-ended and extremely vague.
It is difficult to formulate with certainty an adequate legal description of the battered
woman’s syndrome. This is because the term itself is vague; hence it impairs an understanding of
its context. Also, it is open-ended thus establishing a valid legal description would be
challenging considering the difference in its perspective and understanding. Therefore,
formulating an accurate description of the term is not easy; however if I took a stab at it, the
concept would be simple. It would mean an individual who endures constant physical and
domestic violence. The mental stability of this person is hence affected due to the repeated abuse
and violence they persevere. Additionally, they live in constant fear attributed to the long-term
severe abuse they experience as victims of domestic violence.
Insanity and Temporary Insanity
Despite the fact that the defendant wished to communicate temporary defense to the
court, jury instructions regarding legal insanity were denied. I think the court refused to give the
jury instructions concerning the insanity defense because they wanted the jury to decide
impartially on the case. Therefore, if the jury was lured into the temporary insanity, whereby the
defendant was insane at the time of the crime, they would decide on the favor of the accused.
Also, temporary insanity is a defense to the crime; henceforth if the jury had the instructions
their decision towards the case would be affected. Additionally, the court wanted the attorneys to
prove the temporary insanity that Miller experienced during the commission of the crime.
The court reached the decision for reversing Millers’ conviction and remanded a new
trial. This was on the basis that the jury was given incorrect definition regarding its declaration
as to whether Miller was actually insane or temporary insane during the commission of the
crime. The court ordered a new trial based on the belief that the incorrect definition of temporary
insanity would confuse the jury. I completely agree with the decision the court made since the
panel should not have to be forced to decide the fate of a case. This is if they are especially
confused and misinformed about any testimony or evidence presented by the defendant and the
attorneys at the time of trial.
What this case tells us about the difference between insanity and temporary insanity as a
plea by the defendant is that in insanity, the accused must present clear and convincing evidence
of their insanity during the conduct of their crime (Covey, 2013). The insanity should be proved
during the time the offense was done and that the defendant is sane before and after the act. The
difference between the two-term is significant in cases such as this one because the defendant is
confident in his defense claim of temporary insanity. Also, it upholds that the state of insanity
can be fleeting. Therefore, one should not be punished if they do not know the difference
between wrong and right.
Faigman, D. L. (2016). The battered woman syndrome and self-defense: A legal and empirical
dissent. Virginia Law Review, 619-647.
Covey, R. D. (2013). Temporary insanity: The strange life and times of the perfect defense. BUL
Rev., 91, 1597.
Running head: CRIME OF STALKING
Crime of Stalking
Columbia Southern University
CRIME OF STALKING
Crime of Stalking
Stalking is considered a statutory offense which carries in itself the possibility of
conviction (Reyns, 2017). It has detrimental effects on its victims which is one of the reasons
why it was included as an offense (Korkodeilou, 2017). Most appellants raise issues of
unconstitutional indistinctness of the stalking statute or use insufficiency of evidence to argue
against their convictions (Schmalleger, Hall, & Dolatowski, 2010). This case study discusses an
appeal case that helps understand the stalking statute and its interpretation in the criminal justice
Clements v. State was an appeal case in front of the Court of Appeals for the First District
of Texas in 2000. Jennifer Clements, who was the victim in the trial case that convicted her
husband Nathan Clements in 1999 was filing for a divorce claiming her husband had become
possessive and controlling. Nathan refused to grant her the divorce even though he accused her
of having affairs. One day he asked her to choose between quitting her job or risk being thrown
out of their home after which Jennifer packed and left. For a few months, Nathan stalked Jennifer
to her apartment, work, and gym and left her many phone messages at work. Even after clear
signs from her that she was scared of him he still kept on following her. Jennifer was afraid
because his faith would not permit him to remarry regardless of whether they divorced or not. It
was not until 1999 about two years after he started stalking her, that Nathan was sentenced for
stalking. Later, his appeal on the grounds of legal and factual insufficiency of evidence, the
unconstitutionality of the stalking Act and error of evidence admittance by the trial law court was
dismissed (Schmalleger et al., 2010).
CRIME OF STALKING
Elements or Rudiments of Stalking Under the Statute
Several principles of the stalking statute were pertinent to the Clements case. The first
one was that he pursued “the same scheme or course of conduct.” Nathan did more than once
follow and acted in a manner that frightened Jennifer. This fact meant that his actions also
satisfied the second element of knowingly following the victim even though he perceived she
might believe he will injure or even kill her. His actions also satisfied the element of which they
might cause a sensible person to fear he might incur injuries or even death upon them. As such,
Nathan’s conduct could be considered as an offense or crime under the stalking statute
(Schmalleger et al., 2010).
I agree with the Court of Criminal Appeals that the revised stalking statute is not
unconstitutionally vague. Unlike the previous statute, the current one has been clarified in all
cases. First of all, the stalking statute passes the test where an ordinarily intelligent person gets
the opportunity to comprehend what was being prohibited. After the clarification, the new statute
was clearly defining the stalking as conduct that was constantly repeated and that the stalker
knew would cause fear to the victim. Also, the clear statute contained an instruction to law
enforcement that violation of that statute instigated their criminal action. Therefore, I agree that
the statute or Act is not unconstitutionally vague (Schmalleger et al., 2010).
The evidence presented in this case is both legally and factually sufficient to convict
Nathan. He, conducted stalking more than one occasion for instance. Also, Jennifer continuously
communicated to Nathan telling him not to harass her and her physical behavior did
communicate fear which Nathan imposed on her by stalking her. There is also enough evidence
CRIME OF STALKING
that his provocations were intention as he mostly showed up when he knew she was present.
There is even more proof that his actions would cause a rational individual to react similarly. The
overwhelming weight of the clear distinction between right and wrong in this situation also
implicates Nathan proving that there was enough evidence to convict him (Schmalleger et al.,
In conclusion, an appeal case was unanalyzed to paint the picture of the way the stalking
statute is applied in courts to convict offenders. A brief overview of the case has been addressed
as well as the elements that of the offense involved in the case. The ruling of the Court of Appeal
jas also been analyzed against my opinion and the sufficiency of the evidence discussed.
Hopefully, incidents like this will make people take stalking seriously and refrain.
CRIME OF STALKING
Korkodeilou, J. (2017). ‘No place to hide.’ International Review of Victimology, 23(1), 17–32.
Reyns, B. W. (2017). Stalking and Harassment. Oxford Bibliographies. Retrieved from
Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). What Constitutes the Crime of Stalking?
In Criminal Law Today (4th ed.). Prentice Hall.
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