According to the text, crime has been part of the human condition since people began to live in groups. Ancient documents indicate that conduct we now call murder, theft, or robbery was identified as criminal by civilizations that existed thousands of years ago. Criminal laws regulate human conduct and tell people what they can and cannot do and, in some instances, what they must do under certain circumstances. In this assignment, you will explore different types of criminal conduct and the goals of criminal law.

Write a four to six (4-6) page paper in which you:

1. Determine whether or not a conviction is feasible when an alleged perpetrator does not have the required mens rea but has engaged in the actus rea. Provide a rationale to support your position.
2. Explain the distinction between diplomatic immunity and legislative immunity. Next, support or criticize the premise that diplomatic immunity is vital for Americans abroad.
3. Argue for or against the theory that the courts should not hold a defendant of questionable competency to the standard sentencing guidelines. Provide a rationale to support your response.
4. Identify the four (4) goals of criminal law, and discuss the manner in which these four (4) goals effectuate the purpose of protecting the public and preventing the conviction of innocent persons.
5. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and similar type Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

LEG320056VA016-1184-001 – Criminal Law

Week 4 Assignment 1 Submission

April Wright on Wed, Apr 25 2018, 3:26 PM 17% highest match Submission ID: 8078ff14-9672-4cd3-a32a-362153561980

• criminalconduct.docxWord Count: 1,346Attachment ID: 21157060317%

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RUNNINGHEAD: CRIMINAL CONDUCT 1 CRIMINAL CONDUCT 2 Suspected Entry: 72% match Uploaded – criminalconduct.docx CRIMINAL CONDUCT 2 Source – Another student’s paper 2 Criminal Conduct and Criminal Law Criminal Conduct April N. Wright Lynn MacBeth, J.D LEG 320 April 25, 2018 Criminal Conduct Punishment of individuals who act harmful to the society or environment has been practiced from time immemorial. Criminals are subjected to undesirable outcome instructed by power. In the old and middle ages, people who committed crimes were not only heavily punished but also were subjected to harsh torture which in the present is insignificant since human civilization. Suspects who were not necessarily criminals were cut off their limbs, drowned or burnt alive among others. Upon human advancement, such modes of retribution are not present. With criminal justice system, several procedures are involved from inception to trial then punishment to ensure no individual is unduly punished. The criminal law which constitutes punishment one should receive for a certain crime serves to advocate justice administration. 2 A conviction is not practicable when an alleged offender lacks the required men’s rea but has engaged in the actus rea.  Suspected Entry: 66% match Uploaded – criminalconduct.docx A conviction is not practicable when an alleged offender lacks the required men’s rea but has engaged in the actus rea Source – Another student’s paper With this knowledge can a conviction be feasible when an alleged perpetrator does not have the required mens rea but has engaged in the actus rea Men’s rea is an individual’s state of mind or alertness that their behavior is wrong while actus rea is the unlawful act done by the individual (“Criminal Law – Elements of a Crime: 3 Mens Rea and Actus Reus,â€� n.d.).  Suspected Entry: 87% match Uploaded – criminalconduct.docx Mens Rea and Actus Reus,â€� n.d.) Source – Another student’s paper Elements Crime Mens Rea and Actus Reus, n.d.) In a court of law, an individual cannot be convicted of a criminal offense before their alleged act is proved and their state of mind when doing the crime is confirmed (Connor, 2016). Hitting and killing someone while driving could be considered as murder or manslaughter. If the act was unintentional thus only actus rea is evident such would be manslaughter. The absence of men’s rea would bring about complications and probably cause crime eviction. If proof is provided that the driver did it intentionally, both actus rea and men’s rea are evident and he should be convicted of murder. Once the two are proved, the criminal is then subjected to the criminal act and can face punishment. This means that having one either the state of mind or committing the act does not qualify one for crime punishing. An individual who threatens to kill their neighbor only has the men’s rea element without the actus rea element thus cannot be put under the criminal act. In as well, a guy who stubs another while trying to defend himself cannot be punished for murder because he did not have a killing mindset. Mens era and actus rea serve to ensure justice is administered in the right manner and should be present to bring about verdict (Cornnor, 2016). The query on to who and how to administer justice is raised by two legitimate concepts: 4 diplomatic immunity and legislative immunity.  Suspected Entry: 75% match Uploaded – criminalconduct.docx diplomatic immunity and legislative immunity Source – Another student’s paper Explain the distinction between diplomatic immunity and legislative immunity Legislative immunity is protection granted to legislators from liabilities in the course of their parliamentary activities which includes harmful doings or omissions that trespasses peoples’ rights (Mockle &Law Reform Commission of Canada, 1987). This immunizes policymakers from being prosecuted in civil law for such activities. Diplomatic immunity is protection granted to foreign legates against jurisdiction by resident authorities, however, it is not a license for committing a crime (Eileen, 2016). The amount of immunity depends on their assigned responsibilities in the host country. The two are different and most people view legislative immunity as a practice that encourages faults and injustices while diplomatic immunity as a basic law that protects Americans in a foreign country. I too support that Americans residing abroad should be granted diplomatic immunity. America government has been at the forefront in the fight against terrorist groups such as Al-Shabaab and Al-Qaeda activities. In as well, Americans officials have been attacked and lost lives in the foreign countries during their course of duty (Eileen, 2016). These valuable lives have been lost in the effort to help other countries to uphold justice and human rights. In nations where the United States is disliked or the government is against US policies, American official is at high risk of imprisonment and trial over false and trumped-up charges. To protect these lives, it is vital that they have diplomatic immunity cover against local lawsuits to enable them to work effectively. Defendants of questionable competence should not be held by the court to the standard sentencing guidelines. The criminal law requires any defendant to be competent enough not only during the alleged offense but also during his time of trial (“Competence to Stand Trial,â€� n.d). Those with questionable competency should undergo special treatment before they are tried. This operates to ensure ethics are upheld, morals and justice of the defendant. Defendant’s competence is measured in terms of their rationalism and a competency evaluation. A rational defendant is one who understands the penalties, courtroom proceedings and can consult with their lawyer or attorney. This requirement ensures a defendant can participate in their own defense, hence a rational defendant should be subject to standard sentencing procedures. It would be unconstitutional and immoral for an individual who lacks the ability to understand, communicate and make rational decision to undergo standard procedures of sentencing. Instead, incompetent defendants should be restrained in mental hospitals to serve their punishment (“Competence to Stand Trial,â€� n.d). The validity of competence should be measured by conducting an assessment of the individual. If questionable, Competence Screening Test may be done where the defendant fills in a form or a Competency Assessment Instrument for a face to face interview. Therefore standard trials can only be considered trustworthy only after defendant’s competence is assured constitutionally, ethically and to enhance justice. Criminal justice uses four main goals to confirm justice is provided in the correct manner. 5 These are retribution, deterrence, restitution, and rehabilitation.  Suspected Entry: 87% match Uploaded – criminalconduct.docx These are retribution, deterrence, restitution, and rehabilitation Source – Another student’s paper Deterrence, restitution, retribution, and rehabilitation Retribution refers to the consequences a convicted individual is made to go through. In this goal, the criminal justice punishes offenders to pay for the undesirable act they did to the society. Retribution forbids an individual to wander free while committing tortious acts to the society (Mergret, 2014). Deterrence goal countermeasures against incidences of similar crime. The criminal justice serves to warn others by threatening a punishment and give a lesson to the offenders so that they would avoid breaking the law. Therefore deterrence goal promotes security among the community. The third goal is restitution which aims at giving the perpetrator a chance to change their behavior and conform to social expectations. The change on the perpetrator also boosts faith of the public in the judicial system (“Primary Goals of the Criminal Justice System,â€� 2017). The fourth goal is rehabilitation. The offenders undergo education and are equipped with job skills during their stay in prison. They, therefore, go back into the society as responsible people. Criminal justice is a procedure that requires much consideration of the alleged criminal unlawful act, his state of mind when committing the crime and when going through a trial. The criminal law guides to always provide justice in the right manner. 6 There are however two types of immunity to law.  Suspected Entry: 66% match Uploaded – criminalconduct.docx There are however two types of immunity to law Source – http://legal-dictionary.thefreedictionary.com/cell-mediated+immunity Generally there are three types of immunity at law Legislative and diplomatic immunity serves to protect lawmakers and government officials respectively to improve their performance. The justice system is vital to our society as it assures the public of less harm. It also helps offenders to change their view of life. 7 References Competence to Stand Trial.  Suspected Entry: 85% match Uploaded – criminalconduct.docx References Competence to Stand Trial Source – Another student’s paper Competence to stand trial (n.d.). 7 Retrieved from http://psychology.jrank.org/pages/134/Competence-Stand-Trial.html Connor, P.  Suspected Entry: 92% match Uploaded – criminalconduct.docx Retrieved from http://psychology.jrank.org/pages/134/Competence-Stand-Trial.html Connor, P Source – Another student’s paper Retrieved from http://psychology.jrank.org/pages/134/Competence-Stand-Trial.html (2016). 4 Mens Rea (State of Mind) and Actus Reus (Criminal Conduct).  Suspected Entry: 73% match Uploaded – criminalconduct.docx Mens Rea (State of Mind) and Actus Reus (Criminal Conduct) Source – Another student’s paper Criminal Law – Actus Reus & Mens Rea Blackstone’s Police Investigators’ Workbook 2017. doi:10.1093/law/9780198788881.003.0001 Criminal Law – Elements Of A Crime: 8 Mens Rea And Actus Reus.  Suspected Entry: 100% match Uploaded – criminalconduct.docx Mens Rea And Actus Reus Source – http://www.studymode.com/essays/Actus-Reus-And-Mens-Rea-56270928.html Actus Reus and Mens Rea (n.d.). 3 Retrieved from http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime-Mens-Rea-Actus-Reus.html Eileen, D.  Suspected Entry: 81% match Uploaded – criminalconduct.docx Retrieved from http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime-Mens-Rea-Actus-Reus.html Eileen, D Source – Another student’s paper http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime-Mens-Rea-Actus-Reus.html Gardner, T., & Anderson, T (2016). Immunity from Jurisdiction. Diplomatic Law. doi:10.1093/law/9780198703969.003.0032 Mockle, D., & Law Reform Commission of Canada. (1987). Immunity from execution. Ottawa: Law Reform Commission of Canada. Mégret, F. (2014). Joinder, Fairness, and the Goals of International Criminal Justice. The Milosevic Trial, 120-135. doi:10.1093/acprof:oso/9780199795840.003.0008 Primary Goals of the Criminal Justice System. 9 (2017, June 15).  Suspected Entry: 100% match Uploaded – criminalconduct.docx (2017, June 15) Source – Another student’s paper (2017, June 15) 10 Retrieved from https://legalbeagle.com/7238171-primary-goals-criminal-justice-system.html Suspected Entry: 91% match Uploaded – criminalconduct.docx Retrieved from https://legalbeagle.com/7238171-primary-goals-criminal-justice-system.html Source – Another student’s paper https://legalbeagle.com/7238171-primary-goals-criminal-justice-system.html