Does the Assimilative Crimes Act give fair notice of the conduct prohibited as is required by the due process clause of the Constitution?
What will be an ideal response?
Student answers may vary. On one hand, the argument can be made that since the elements of assimilative crimes are not specifically defined in the U.S. Code, fair notice is not provided to the individual. On the other hand, since the elements are defined in the Texas Penal Code and any individual in Texas is legally presumed to know the law, fair notice is provided. This is particularly true since the average person is unlikely to know the subtle distinctions between federal offenses and state offenses. In fact, the average person is more likely to know the existence of state criminal offenses. The forum in which they are prosecuted, i.e., state or federal court, is more of a procedural detail than a substantive criminal law issue.
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A charging document is referred to as an accusatory pleading
Indicate whether this statement is true or false.
Since its passage in 1968, the federal electronic surveillance or wiretap statute has not proven to be a valuable investigative tool in the fight against organized crime
a. True b. False
Social learning theorists argue that people are not born with the ability to act violently.
Answer the following statement true (T) or false (F)
The majority of Part I offenses committed in the United States are:
a. violent crimes. b. property crimes. c. public order offenses. d. white-collar crimes.