Discuss the substantial step made in furtherance of the commission of an offense, contrasted with the mere planning or preparation to commit the criminal offense. Explain why one may be the subject of criminal liability while the other is not
What will be an ideal response?
Answer: Last step test requires that the actor took the last step or performed the last act toward the commission of the offense that was intended. This test made it difficult to prevent the occurrence of the intended offense because it was nearly impossible to stop the completion of the intended crime. The physical proximity test was the traditional test used at Common Law. Remote acts that led to the commission of the offense were not considered sufficient for an attempt. Instead, only those acts immediately connected with and sufficiently near the commission of the completed offense were considered as constituting an attempt. The dangerous proximity test was developed through case law in an opinion authored by Justice Holmes. The test incorporates the physical proximity standard, but requires the conduct to be in dangerous proximity to succeeding at the commission of the intended offense. Also discuss the indispensable element test, unequivocal test, and the probable desistance test. The Model Penal Code has adopted the substantial step test, which is used in most states and the federal courts. Whether or not the acts leading up to the intended commission of the completed offense constitutes the crime of attempt will depend upon the unique circumstances of each case.
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What does it mean to act "under color of law"?
a. A person doing the act is using power given to him or her by a governmental agency b. A person who exceeds his or her rightful power c. A person who uses excessive force d. A person who makes intentional false arrests
Answer the following statement(s) true (T) or false (F)
1. A set of beliefs, values, and behaviors shared by an organization’s members is also known as culture. 2. Most organizations can be considered self-sufficient. 3. Because community policing has been defined broadly by organizations such as COPS, roughly half of all eligible police departments have received grants from agencies such as these. 4. It is not possible for different law enforcement agencies to participate in equitable sharing while working together. 5. Citizens may become cynical of law enforcement if they are only adopting certain practices with no intent of effecting change in everyday practice.
Serious consequences follow a violation of the right to a speedy trial. Where a court determines that a defendant's constitutional right under the Sixth Amendment has been violated, the remedy for the violation
A) involves the judge issuing an apology to the defendant for the violation of his constitutional rights. B) is dismissal of the case with the inability to bring it back at any later time. C) is to reset the case for trial and bring the case to the top of the docket ahead of newer cases. D) is a reduction in the amount of time served that is equal to the length of the violation of the right to a speedy trial. E) responses B and C are correct responses.
What are two basic types of PSI reports?
a. Short form/long form b. State form/federal form c. General form/specific form d. None of the above