This is an introduction to the purpose of criminal law. When making laws, the government must balance between maintaining public order and preserving basic individual freedoms. Each state enacts its own laws, some are moral crimes (ie. murder) and some are based on societal values (ie. legalization of marijuana). States are given the power to enact laws based upon police power. Police power is limited by constitutional limitations and the state’s ability to demonstrate a compelling state need to enact criminal laws.
After reading the chapter in the textbook and reviewing the power points found in the “content” section, please engage in a discussion with your classmates thoroughly answering the following questions. Please review the discussion requirements in the syllabus to ensure you are satisfactorily completing the discussions.
1. Why do we have criminal laws? What would happen if we did not have laws?
2. Why might a legislative body in one state make an act criminal while in another state that act is not a crime? Give an example of such a law (where behavior is legal in one state but illegal in another) and the arguments why you agree or disagree with the statute that makes that conduct criminal.
3. A state enacted a law that a felon cannot possess a weapon. The felon argued that this is a “status” crime and unconstitutional. Is the felon correct? Explain why or why not?
4. On page 16 there is a chart that discusses “victimless” crimes. Do you think these are categorized correctly as “victimless” crimes? Explain your answer. (The examples of these crimes on the chart include crimes such as possession or use of a small amount of drugs; public drunkenness; prostitution; gambling; and obsenity offenses involving consenting adults). Question #4 on page 31 asks if Driving While Intoxicated is a “victimless” crime because it can be committed without injuring anyone – what are your thoughts about whether this is a “victimless” crime?
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