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Unit 3: Sexual Assault

Del Vecchio’s approach to sexual crime codes has a lot of similarity to the States of Alabama sexual statutes, AL ST §13A-6-60, §13A-6-61, §13A-6-62, §13A-6-63, §13A-6-64, §13A-6-65, §13A-6-65.1, §13A-6-66, §13A-6-67, and §13A-6-70. However, like in many states slight variations occurs between Del Vecchio’s perception and the Alabama’s penal codes. In both Del Vecchio’s and Alabama codes there is no explicit mens rea requirement, only general intent is applicable in all degrees o rapes and sodomy. However, there is an age different between Del Vecchio and Alabama penal codes. Del Vecchio identifies element of breakdown between a perpetrators of 16 years and a victim of 13 (Del Vecchio, K. (2007). In Alabama, the breakdown identified age gap between 16 and 12 years. Considerations such as forcible compulsion, state of incapacity and definition of content is similar in both cases (National Crime Victim Law Institute and the National Women’s Law Center).

Questions

  1. What is your age! (The question will be used to determine the victims age as provided in the statutes).
  2. How did Charles approached you? (the question will determine whether there was a forceful act)
  3. What is your relationship with Charles? (The question aim to determine whether the two have blood relationship)
  4. What is your medical condition? (It will be useful to determine whether Charled took advantage of her mental condition).

Unit 4: Hate Crime

Michigan (Detroit) and Arizona (Phoenix)

In both states hate crime statutes applies when an action was carried out maliciously based on racial, ethnic, color and gender differences. According to the penal codes of the two states, a person who has committed such a crime is liable prosecution and sentencing by the court of law. Michigan and Arizona, however, have different sentencing categories.

Argument

Hate crime should not be treated as a hindrance to free speech. Free speech has no malicious intention, apart from seeking to address an issue from a personal view point. It is important for people to know that hate speech is not away of creating a solution to our problems rather but a means of attacking an individual or a specific group. Free speech, on the other, is mainly used to express a wish, and point out evils in our society (Anti-Defamation League, 1997). The right of free speech should be protected as long as the speech does not violate constitutional or fundamental rights of another party. Application of hate crime must only be applied, when beyond reasonable doubt it can be proved that another party’s rights have been violated by the action.

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