Rank the three sources of law, from highest to lowest, and explain why you ranked them in this way. Why is it important to understand the sources of law in the study of criminal law?

DISCUSSION ESSAY

Part 1:

1. Rank the three sources of law, from highest to lowest, and explain why you ranked them in this way.
2. Why is it important to understand the sources of law in the study of criminal law?
3. What is the purpose of statutory law and the purpose of case law?

Part 2:

1. Define speech under the First Amendment.
2. Identify five types of speech that can be governmentally regulated in spite of the First Amendment.
3.Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) why do you believe it is the most significant to freedom of speech and why?

Part 3:

1. Compare the M’Naghten, irresistible impulse, and substantial capacity tests.
2. What is the difference between diminished capacity, and the insanity defense?
3. What was the defendant seeking to do the State v. Hornsby, 484 S.E.2d 869 (1997)? Was he successful?

Part 4:

1. Define the criminal act and the criminal intent element required for rape and how much resistance a victim must demonstrate to evidence lack of consent.
2. What is are the rape shield laws and why are they used?
3. How are domestic violence statutes different than standard assault, battery, sex offenses, or criminal homicide statutes?

Part 5-7

Describe in detail the criminal justice process steps:

Part 5–Arrest: When It Happens, What It Means
Part 6–Arraignment
Part 7–Plea Bargains: How Most Criminal Cases End