What must we, as individuals, sacrifice to facilitate public order? Do we ever give up too much in the interest of public order? If so, when?
What will be an ideal response?
True and complete freedom means living without constraints of any kind. Public order, however, relies on a social bond between society and the individual. That bond involves the submission of society’s members to controls imposed by laws, governmental regulations, and social customs. Although society protects us through its laws and the mechanisms it establishes to enhance security (such as the justice system), it is our duty to responsibly follow the law and to contribute to public safety.
History is replete with examples of citizens giving up too much to achieve order. Within the context of their limited society, the citizens of Nazi Germany may have considered the stringent controls imposed by the Nazi state—including the extermination of German Jews—to be essential to their way of life. In the greater context of the world community, however, those controls were seen as excessive, even horrific.
Ethnic cleansing programs in various countries during the second half of the twentieth century, as well as the infamous Apartheid laws formerly practiced in South Africa, exemplify the efforts of oppressive regimes to achieve their own forms of public order. Such activities typically evoke condemnation as a world response, on grounds that they violate elemental human rights. The practitioners of such activities, however, argue that the pursuit of their narrowly defined state of public order justifies their abhorrent practices.
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The _______________ required that at the time a person committed an offense,
he/she was operating under a defect of reason from a disease of the mind and that such a defect resulted in the individual not being able to recognize the nature and quality of his/her actions, or not knowing that such actions were wrong a. Durham test b. irresistible impulse c. M'Naughten test d. Lord Bracton test
Under Rule 16 of the Federal Rules of Criminal Procedure, which type of discovery is reciprocal to the prosecution?
A. Defendant's prior criminal record B. A list of questions that each side is planning on asking at trial C. Transcripts of oral statements made by the defendant D. Scientific test reports
Sources that assist courts in interpretation but have no legal authority of their own are ____________
Answer the following statement(s) true (T) or false (F)
According to the U.S. Supreme Court, under the money laundering statute, proceeds can be
a. profits but not receipts b. receipts but not profits c. profits or receipts d. neither profits nor receipts