General Instructions
Key Concepts: corpus delicti, ex post facto, motive, intent, and opportunity
Capstone Cases: Illinois v. Lara, California v. Towler, 641 P. 2d 1253 (Cal. 1982), Smith v. Doe, Rogers v. Tennessee, 532 U.S. 45 (2001).
Assignment: The completes must be in essay format and include a title section, introduction paragraph, appropriate headings and Reference section. I expect perfect APA technique. The minimum requirement is five (5) scholarly sources, one of these must be a peer reviewed journal article published in the past 7 years. The textbook may count as one source. In Complete essays 1-7, there is a minimum of a 2,000- word count overall. Word counts are based on content only; references are not included in the word count assessment. For APA assistance, please see the APA 101course link or the sources under the Library Link.
1.
The narrative essay should clearly define the key concepts of corpus delicti and ex post facto, motive, intent, and opportunity principles and will apply these principles to the Capstone cases of Illinois v. Lara, California v. Towler, 641 P. 2d 1253 (Cal. 1982), Smith v. Doe, and Rogers v. Tennessee, 532 U.S. 45 (2001). Your response will include the overview of the cases and will also need to address each question or statement listed below in an essay format.
- In the case of Illinois v. Lara, A jury found the defendant, Jason Lara, guilty of two counts of predatory criminal sexual assault based on the claim that he sexually penetrated an eight-year-old girl. On appeal, Lara argued that the State failed to prove the corpus delicti of the offense because the State failed to present any evidence corroborating Lara’s confession that he sexually penetrated the alleged victim. Provide some examples of how corpus delicti could have been proven for the more serious sexual assault offense alleged at issue in the case.
- Do you believe that corpus delicti serves an important purpose, or should confessions be allowed to stand alone as evidence to support convictions?
- Read the court’s opinion in California v. Towler, 641 P. 2d 1253 (Cal. 1982). Discuss how a defendant’s motive, intent, and opportunity can contribute to evidentiary proof that a murder has occurred.
- In the capstone Case: Smith v. Doe, the Alaska Sex Offender Registration Act requires convicted sex offenders to register with law enforcement authorities, and much of the information is made public. The U.S. Supreme Court considers whether the registration requirement is a retroactive punishment prohibited by the Ex Post Facto Clause. Do you find that the Alaska registration law is not punitive and therefore not an ex post facto law? Why or why not?
- Should restrictions on ex post facto laws apply to administrative procedures, such as parole hearings, or should they only apply to laws that define crimes themselves?
- Read and compare the U.S. Supreme Court’s ruling in Rogers v. Tennessee, 532 U.S. 451 (2001), where the Court considered whether a trial court can retroactively alter a common law rule that governs causation in homicide cases. What considerations does the Court identify determining whether to allow a retroactive change to the state’s longstanding common law rule?
- Which opinion—majority or dissenting—do you find more legally persuasive?
Example under instructions:
Your Complete assignment should be in essay format and include a title section, introduction paragraph, appropriate headings, conclusion, and reference section.
This week we similarly review several capstone cases. Illinois v. Lara, California v. Towler, Smith v. Doe, and Rogers v. Tennessee. Again, focus more on the question’s components which naturally derives your critical analysis and thoughts. The key concepts this week (and your analysis and applications) are corpus delecti , motive-intent-opportunity, and ex-post facto laws. It is best to have a strong definition or grasp of these concepts before applying these to your case analysis. Again, focus directly on the question’s components.
Please revisit the APA 101 course and supplemental material before posting next week’s assignment. Students often find difficulty in using scholarly journal articles (published in last seven years) and tend to rely on internet sites. I promise the journal articles are out there and simply need to be found and used.
Suggested outline for week 2: Please compare with the Completes’ questions.
Week 2 Corpus Delicti and Ex Post Facto, Motive, Intent, and Opportunity Principles
Your Name
Bethel University
Introductive Paragraph: Formally define key terms (Corpus Delecti, Ex Post Facto, Motive, Intent, and Opportunity) here.
Illinois v. Lara and Corpus Delecti
In narrative form, answer the question using intext citations (author, year) when appropriate.
Importance of Corpus Delecti
In narrative form, answer the question using intext citations (author, year) when appropriate.
California v. Towler and Motive, Intent, and Opportunity
In narrative form, answer the question using intext citations (author, year) when appropriate.
Smith v. Doe and the Ex Post Facto Clause
In narrative form, answer the question using intext citations (author, year) when appropriate.
Ex Post Facto Laws and Administrative Procedures
In narrative form, answer the question using intext citations (author, year) when appropriate.
Rogers v. Tennessee and Retroactive Changes
In narrative form, answer the question using intext citations (author, year) when appropriate.
Conclusion
Sum up the entire assignment in one or two paragraphs
References
All references here in perfect APA and hanging indent.