Is his sentence constitutional?
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Module 05 Content
Case Study 1
Scott Murphy is a freshman in college and recently decided to pledge the fraternity, Chi Gamma Omega. As a “pledge” of the fraternity, Scott is forced to participate in a number of initiation activities in order to become a brother of Chi Gamma Omega. Specifically, one night Scott was held down on the ground while other brothers poured shots of vodka into his mouth. Severely intoxicated by the initiation ritual, later that evening Scott broke into a female student’s dorm room and sexually assaulted her. Scott is claiming he mistakenly believed he was entering the room of his girlfriend.
Is Scott entitled to the defense of involuntary intoxication? Why or why not?
Under what circumstances could voluntary intoxication serve as a defense?
If none, should it result in conviction of a lesser crime? Why or why not?
Make sure to use at least 1 -2 cases to support your responses (and cite them using Bluebook Standards). Any relevant cases are applicable.
Keywords to search for are: affirmative defense, intoxication, voluntary, consent
Case Study 2
Jack Oberman is a pharmacist at a local drug store and has never previously engaged in any form of illegal activity. Local police officers received reports that the drug store was filling illegal prescriptions for OxyContin, a strong painkiller often sold on the streets. An undercover officer approached Jack on five separate occasions claiming that he had a daughter suffering from a terminal illness who was in severe pain and discomfort. The undercover officer claimed he could not afford medical treatment and asked Jack to illegally provide him with OxyContin for his daughter. Jack refused on the first four occasions, but finally consented after hearing the horrific stories of the young girl’s suffering. Jack handed the undercover officer 10 OxyContin pills and was subsequently arrested.
Is he entitled to the defense of entrapment?
Would he be successful under both the objective and subjective tests for entrapment?
Make sure to use at least 1 -2 cases to support your responses (and cite them using Bluebook Standards). Any relevant cases are applicable.
Keywords to search for are: entrapment, affirmative defense, luring, and trickery
Format
Your complete response should be 3 – 4 pages in length. Be sure to cite all your references and format them according to Bluebook Standards. For writing assistance, consider using Grammarly or submitting your written assignment to the Writing Lab prior to submitting your assignment.
Need help?
Use the following links for information on structuring and formatting your case brief.How do I cite using Bluebook Guidelines?
Creating Bluebook Citations
You are encouraged to use active voice as much as possible in your paralegal writing. Refer to the following Active v. Passive Voice FAQ
Make an appointment with a Paralegal Tutor in Tutor Match. Be sure to select Paralegal in the “School” drop down and then Criminal Law and Procedure as the “Subject” for tutors trained to assist specifically with this class.
Click here to connect with a tutor in Tutor Match.
Click here for directions on how to use Tutor Match.
For a complete list of writing resources including the Bluebooking using the Indigo Book, Writing Guide, or Writing Lab please visit the FAQ How do I access writing support?
Other helpful resources are available in the Paralegal pages of the School of Justice Studies Guide.
Submission
Submit your completed assignment by following the directions linked below. Please check the Course Calendar for specific due dates.
Save your assignment as a Microsoft Word document. (Mac users, please remember to append the “.docx” extension to the filename.) The name of the file should be your first initial and last name, followed by an underscore and the name of the assignment, and an underscore and the date. An example is shown below:
Jstudent_exampleproblem_101504
Submission
Module 06 Content
In 1987 Douglas Deville was convicted in a state court for felonious possession of cocaine. He received probation for that offense. Three years later, Deville was found guilty of another drug-related felony in the same state. For that offense, he served five years in state prison. Three months after being released from prison, Deville was arrested for possession of one hundred grams of cocaine base and four hundred grams of marijuana. This time the case was prosecuted in federal court, where Deville was convicted of felony possession with intent to distribute. Because this was his third drug-related felony, Deville was sentenced to life imprisonment without parole under 21 U.S.C.A. § 841(b)(1)(A). On appeal, Deville claims that this sentence is “utterly disproportionate to his offense” and that, accordingly, it constitutes a violation of the Eighth Amendment’s Cruel and Unusual Punishment Clause.
Read the U.S. Supreme Court’s opinion in the case Solem v. Helm 463 U.S. 277 (1983). https://case-law.vlex.com/vid/463-u-s-277-604909838 Based on the outcome of this case you will write a two page analysis where you discuss:Discuss whether Deville has a case or not?
Discuss whether Deville is likely to prevail?
In your opinion, is Deville’s sentence fair and just?
Is his sentence constitutional?
Format
Your complete response should be two pages in length. Be sure to cite all your references and format them according to Bluebook Standards. For writing assistance, consider using Grammarly or submitting your written assignment to the Writing Lab prior to submitting your assignment.Need help?
Use the following links for information on structuring and formatting your case brief.How do I cite using Bluebook Guidelines?
Creating Bluebook Citations
You are encouraged to use active voice as much as possible in your paralegal writing. Refer to the following Active v. Passive Voice FAQ
Make an appointment with a Paralegal Tutor in Tutor Match. Be sure to select Paralegal in the “School” drop down and then Criminal Law and Procedure as the “Subject” for tutors trained to assist specifically with this class.
Click here to connect with a tutor in Tutor Match.
Click here for directions on how to use Tutor Match.
For a complete list of writing resources including the Bluebooking using the Indigo Book, Writing Guide, or Writing Lab please visit the FAQ How do I access writing support?Other helpful resources are available in the Paralegal pages of the School of Justice Studies Guide.
Submission
Submit your completed assignment by following the directions linked below. Please check the Course Calendar for specific due dates.
Save your assignment as a Microsoft Word document. (Mac users, please remember to append the “.docx” extension to the filename.) The name of the file should be your first initial and last name, followed by an underscore and the name of the assignment, and an underscore and the date. An example is shown below:
Jstudent_exampleproblem_101504
