Answer The Questions Below And Cite Examples From The Text

answer The Questions Below And Cite Examples From The Textb

answer The Questions Below And Cite Examples From The Textb

Directions: Answer the questions below and cite examples from the textbook, supplemental reading assignment, or this module’s required video resources. Your written responses should be at least two paragraphs composed of five to seven sentences and should utilize APA guidelines for formatting and citations. 1. Why were laws needed as human existence progressed? 2.

How does your text book define law? 3. Discuss how mala in se and mala prohibita are used in the classification of crimes. 4. What is an ex post facto law?

5. What is the meaning of jurisdiction over the person? 6. Explain jurisdiction over the subject matter. 7.

Describe concurrent or overlapping jurisdiction. 8. Discuss venue and its relation to jurisdiction. 9. Explain Internet jurisdiction.

10. Define petite policy.

Paper For Above instruction

Throughout the progression of human society, the development of laws became essential to maintain order, protect individual rights, and promote justice. As human groups expanded and interactions became more complex, informal customs and traditions proved insufficient to regulate conduct effectively. Laws provided a formalized framework that established clear standards of behavior and consequences for violations, thereby reducing violence, disputes, and chaos within communities (Schmalleger, 2019). Furthermore, the evolution of society brought about different social roles, economic activities, and technological advancements that necessitated legal regulations to address new challenges. For instance, as trade expanded, laws were required to govern commercial transactions, property rights, and interstate commerce, illustrating the dynamic nature of legal systems as society evolved.

Law, as defined by legal scholars and reflected in textbooks, is a system of rules established and enforced by social or governmental institutions to regulate behavior (Schmalleger, 2019). It serves as a mechanism to maintain social order and protect fundamental rights through statutes, judicial decisions, and administrative regulations. The law functions both as a guide for citizens’ conduct and as a means for resolving disputes, thereby fostering stability within society. In the context of criminal law, distinctions are made between mala in se and mala prohibita—categories used to classify crimes based on their nature. Mala in se crimes are inherently wrong and universally condemned, such as murder and rape, while mala prohibita crimes are considered wrong because they are prohibited by law, like illegal gambling or traffic violations (Siegel, 2018). This classification helps in understanding the moral and legal underpinnings of criminal conduct, shaping criminal justice policies.

The legal concept of an ex post facto law refers to legislation that retroactively changes the legal consequences of actions that were committed before the law’s enactment. Such laws are prohibited by the U.S. Constitution because they undermine the principle of fairness and the stability of legal expectations (Schmalleger, 2019). For example, making an act criminal after it has already been committed would be considered an ex post facto law and is unconstitutional. Jurisdiction over the person, often called personal jurisdiction, pertains to a court’s authority to impose its rulings on an individual or entity within a specific geographical area (Siegel, 2018). It is crucial for ensuring that courts have the power to enforce judgments against parties physically present within their territory.

Jurisdiction over the subject matter involves a court’s authority to hear cases of a particular type or cases relating to specific issues. For instance, a family court has jurisdiction over divorce and child custody matters, while a criminal court handles criminal offenses. Concurrent or overlapping jurisdiction occurs when two or more courts have authority to hear the same case or cases within their respective domains, which often happens in federal and state courts in the U.S. (Schmalleger, 2019). In such situations, jurisdictional conflicts are resolved through legal principles such as the predominance of federal law or specific jurisdictional rules. Venue refers to the specific location where a case is tried, which is related to jurisdiction because proper venue ensures that cases are heard in appropriate geographical locations, often within the jurisdiction where the incident occurred or where the parties reside.

Internet jurisdiction presents a modern legal challenge because the global nature of the Internet complicates determining which jurisdiction’s laws apply to online activities. Factors such as the location of the servers, the defendant, and the audience influence jurisdictional claims in cyberlaw disputes (Kesan & Pingali, 2018). Courts often consider whether the defendant purposefully directed activities at residents of the jurisdiction or whether the activity caused harm within that jurisdiction. Lastly, petite policy refers to the discretion courts have in deciding whether to prosecute cases based on the severity of the offense, case priorities, and resources available. This prosecutorial discretion allows law enforcement agencies and prosecutors to focus on more serious crimes while deprioritizing minor offenses, helping allocate resources efficiently within the criminal justice system (Siegel, 2018).

References

Kesan, J. P., & Pingali, V. (2018). Cyberlaw: Cases, statutes, and regulations (3rd ed.). Aspen Publishers.

Schmalleger, F. (2019). Criminal justice today: An introduction (14th ed.). Pearson.

Siegel, L. J. (2018). Criminology: The core (6th ed.). Cengage Learning.