Key Concepts: Elements of offense, e.g. stalking and burglary, arguments of elements being unconstitutionally vague, spousal consent searches.

Key Concepts: Elements of offense, e.g. stalking and burglary, arguments of elements being unconstitutionally vague, spousal consent searches.

Capstone Cases: Clements v. Texas, United States v. Cassidy, Colorado v. SullivanFolsom v. State of Alabama, State v. Lilly,  People v. Rhorer, and State v. Colvin.

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Key Concepts: Elements of offense, e.g. stalking and burglary, arguments of elements being unconstitutionally vague, spousal consent searches.
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Assignment: In a narrative format for the Complete section, construct one essay which addresses the following points: The minimum requirements for Completes are four (5) scholarly sources including at least one peer reviewed journal article (one published within the last seven years). I expect perfect APA technique and a minimum of 1,600 words of content overall, not including the references section.

The narrative essay should clearly define the key concepts of challenging cases on elements of offense and will apply these principles to the Capstone cases of Clements v. Texas, United States v. Cassidy, Colorado v. SullivanFolsom v. State of Alabama, State v. Lilly,  People v. Rhorer, and State v. Colvin.  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 Capstone case of Clements v. Texas, Nathan Clements was charged and convicted under the Texas stalking law based on his actions and words toward his wife. Clements argues that the evidence presented at trial was insufficient to meet the elements of the Texas stalking statute and that the law itself was unconstitutional.  What are the elements of the crime of stalking under the statute discussed in this case?
  • Do you agree with the court of appeals that the statute is not unconstitutionally vague?
  • Was the evidence in this case sufficient to support a stalking conviction?
  • Read and consider two modern-day stalking cases found in your textbook—United States v. Cassidy, 814 F. Supp. 2d 574 (D. Md. 2011) (involving alleged stalking by tweeting) and Colorado v. Sullivan, 53 P. 3d 1181 (Colo. App. 2002) (involving the use of a GPS device to stalk). To what extent do advances in social media and communication technologies make it easier/more difficult to meet the statutory elements of stalking?
  • In the Capstone case of Folsom v. State of Alabama, The appellant, Paul Folsom, was convicted of sexual abuse in the first degree and of burglary in the first degree. Folsom asserts that there was not sufficient evidence to convict him of burglary because his wife, from whom he was separated at the time of the offense, owned the house and because he had lived there during the marriage.  At what point does marriage give a spouse the right to enter the property of his or her marriage partner?
  • What test did the court apply in order to determine that the husband had no right to enter the home?
  • Are there other relationships that should also hold special legal status, as they establish privileges similar to those of legal spouses at issue in this case?
  • Read the three other burglary cases from your textbook—State v. Lilly, 717 N. E. 2d 322 (Ohio 1999), People v. Rhorer, 967 P. 2d 147 (Colo. 1998), and State v. Colvin, 645 N. W. 2d 449 (Minn. 2002). What elements of the charged burglary statute are being challenged in these cases?

Book; Criminal Law Today (sixth Edition)

Frank Schmalleger Daniel E. Hall

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