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Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9 .52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed and dismissed the District Court's judgment. KRIVOSHA, CJ. FACTS Metzger lived in a garden-level apartment located in Lincoln, Nebraska. A large window in the apartment faces a parking lot that is situated on the north side of the apartment building. At about 7:45 A.M. on April 30, 1981, another resident of the apartment, while parking his automobile in a space directly in front of Metzger's apartment window, observed Metzger standing naked with his arms at his sides in his apartment window for a period of five seconds. The resident testified that he saw Metzger's body from his thighs on up. The resident called the police department, and two officers arrived at the apartment at about 8:00 A.M. The officers testified that they observed Metzger standing in front of the window eating a bowl of cereal. They testified that Metzger was standing within a foot of the window, and his nude body, from the mid-thigh on up, was visible. The pertinent portion of § 9.52.100 of the Lincoln Municipal Code, under which Metzger was charged, provides as follows: "It shall be unlawful for any person within the City of Lincoln ... to commit any indecent, immodest or filthy act in the presence of any person, or in such a situation that persons passing might ordinarily see the same." OPINION The ... issue presented to us by this appeal is whether the ordinance, as drafted, is so vague as to be unconstitutional. We believe that it is. Since the ordinance is criminal in nature, it is a fundamental requirement of due process of law that such criminal ordinance be reasonably clear and definite. The ordinance in question makes it unlawful for anyone to commit any "indecent, immodest or filthy act." We know of no way in which the standards required of a criminal act can be met in those broad, general terms. There may be those few who believe persons of opposite sex holding hands in public are immodest, and certainly more who might believe that kissing in public is immodest. Such acts cannot constitute a crime. Certainly one could find many who would conclude that today's swimming attire found on many beaches or beside many pools is immodest. Yet, the fact that it is immodest does not thereby make it illegal, absent some requirement related to the health, safety, or welfare of the community. The dividing line between what is lawful and what is unlawful in terms of "indecent," "immodest," or "filthy" is simply too broad to satisfy the constitutional requirements of due process. Both lawful and unlawful acts can be embraced within such broad definitions. That cannot be permitted. One is not able to determine in advance what is lawful and what is unlawful. We therefore believe t ...
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Assignment # 4: After reading the following article, answer the questions at the end of the article. State Civil Commitment for Sex Offenders Sex offender registration is one of the post-sentence penalties that states impose on people convicted of certain sexual offenses. Twenty states (and the federal government) also have “sexual predator” laws. People convicted of a sub-set of sexual offenses may be labeled “sexually dangerous persons” or “sexual predators,” and may face another, perhaps greater additional penalty -- civil commitment. What is “Civil Commitment?” Civil commitment is a court order requiring that an individual be involuntarily confined to a mental institution. Individuals suffering from severe mental illness may be civilly committed for their own and others’ protection. Under state sexual predator laws, a person convicted as a sexual predator may be involuntarily committed to a mental institution in addition to any prison sentence. Civil commitments are typically not for a specified period, and offenders who are committed are not released until a mental health examiner deems them to no longer present a danger to others. What is a “Sexual Predator?” Under state laws, crimes such as indecent exposure to a child, possession of child pornography, and statutory rape (Links to an external site.)Links to an external site. are considered sexually violent crimes. A person convicted of such crimes may be designated a sexual predator subject to civil commitment. These laws are often quite broad. For example, a high school student was convicted of indecent exposure after he exposed himself to female classmates. Courts have convicted teenagers of statutory rape, even where both parties were teenagers and both consented. And, if a minor texts a nude picture of himself to an adult, the adult is in possession of child pornography regardless of whether the adult was aware of the sender’s age. First Amendment and other challenges have been raised to civil commitment and other enhanced penalties for possession of child pornography. Those challenges and the Supreme Court response are covered in Computer Generated Images and Child Enticement (Links to an external site.)Links to an external site.. How is “Danger to Others” Determined? In situations not involving a sex crime (for example, where a person begins acting erratically and is clearly delusional), a state can commit a person to a mental institution only upon a showing in court that the person is mentally ill. To commit a person convicted of a predatory sexual offense, however, the state need not make such a showing. A sex offender may be civilly committed based on a much lesser showing by the state. The states that have sexual predator laws providing for civil commitment generally require a special hearing at which the state presents evidence of the offender’s “volitional impairment,” which means inability to control him/herself from engaging in similar illegal behavior in the future. How.
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1 Sexual Offenses and Offenders There are few groups of individuals who are more reviled than sexual offenders. Though this has been true for more than a century, the past two decades have brought forth intense scrutiny from the public, politicians, and policymakers. Several emotionally-charged cases of child sexual abuse were highly publicized in the 1980s and 1990s, reigniting public intolerance for sexual offenders. And although the incidence of sexual offenses has been decreasing, sanctions for sex offenders have been constantly increasing over the last two decades. Unfortunately, empirical research does not show that such sanctions significantly deter offenders or reduce recidivism, and yet this legislation creates significant financial strain for local jurisdictions and states that must implement the policies (Zgoba et al., 2008). Despite the questionable efficacy of these laws, there is no sign of reducing the sanctions for this group. This is not the first time historically that society has exhibited a “moral panic” about the dangers of sexual abuse. This panic has waned and ebbed throughout the last century. Jenkins (1998, p. 4) explains that the perception of sex offenders is the effect of “socially constructed realities” influenced by existing social and political ideologies. The public desire to incapacitate sex offenders today is similar to social attitudes in the 1930s, when sexual psychopathy laws emerged to incapacitate those considered to be “unfortunate but dangerous wretches” (Robson, 1999, p. 2). So although empirical research has consistently shown that sex offenders constitute a heterogeneous population of individuals for whom a one-size-fits-all policy will not be effective, such policies regarding the supervision, monitoring, and incapacitation of sexual offenders have gone full circle since the beginning of the century. The purpose of this text is to provide the reader with a general understanding of sex offenders and the societal responses to them. Historically, sex offender research has focused on why sex offenders commit such offenses, and the characteristics of different types of offenders. Sex offender research today is centered around three general topic areas: (1) the factors associated with sexual offending, including personal characteristics as well as situational variables; (2) sex offenders' risk of recidivism; and (3) the efficacy of policies and programs for sex offenders. Before addressing the issue of why people commit sexual offenses and how best to prevent them, however, it is necessary to understand the nature and scope of sex crimes in the United States today. WHAT IS A SEXUAL OFFENSE? More than 100 years ago, Richard von Krafft-Ebing (1886/1965, p. 241) made the following observation about sexual behavior: · Nothing is so prone to contaminate—under certain circumstances, even to exhaust—the source of all noble and ideal sentiments, which arise from a normally developed sexual instinct, as the.
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The Case of Chad CPSS/405 Version 2 1 University of Phoenix Material The Case of Chad Chad is a 45-year-old man currently in prison for raping 3 women. Chad had met these women on separate occasions at a bar. In each case, he put Rohypnol in their drinks when they were not looking. He would wait for the drugs to take effect and then take each of his victims to the bathroom and rape them. He reported the rapes were about feeling powerful, and he liked feeling as if he had control over these women. Copyright © 2016 by University of Phoenix. All rights reserved. 1 Sexual Offenses and Offenders There are few groups of individuals who are more reviled than sexual offenders. Though this has been true for more than a century, the past two decades have brought forth intense scrutiny from the public, politicians, and policymakers. Several emotionally-charged cases of child sexual abuse were highly publicized in the 1980s and 1990s, reigniting public intolerance for sexual offenders. And although the incidence of sexual offenses has been decreasing, sanctions for sex offenders have been constantly increasing over the last two decades. Unfortunately, empirical research does not show that such sanctions significantly deter offenders or reduce recidivism, and yet this legislation creates significant financial strain for local jurisdictions and states that must implement the policies (Zgoba et al., 2008). Despite the questionable efficacy of these laws, there is no sign of reducing the sanctions for this group. This is not the first time historically that society has exhibited a “moral panic” about the dangers of sexual abuse. This panic has waned and ebbed throughout the last century. Jenkins (1998, p. 4) explains that the perception of sex offenders is the effect of “socially constructed realities” influenced by existing social and political ideologies. The public desire to incapacitate sex offenders today is similar to social attitudes in the 1930s, when sexual psychopathy laws emerged to incapacitate those considered to be “unfortunate but dangerous wretches” (Robson, 1999, p. 2). So although empirical research has consistently shown that sex offenders constitute a heterogeneous population of individuals for whom a one-size-fits-all policy will not be effective, such policies regarding the supervision, monitoring, and incapacitation of sexual offenders have gone full circle since the beginning of the century. The purpose of this text is to provide the reader with a general understanding of sex offenders and the societal responses to them. Historically, sex offender research has focused on why sex offenders commit such offenses, and the characteristics of different types of offenders. Sex offender research today is centered around three general topic areas: (1) the factors associated with sexual offending, including personal characteristics as well as situational variables; (2) sex offenders' risk of recidivism; and (3) the efficacy of polici.
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1 Sexual Offenses and Offenders There are few groups of individuals who are more reviled than sexual offenders. Though this has been true for more than a century, the past two decades have brought forth intense scrutiny from the public, politicians, and policymakers. Several emotionally-charged cases of child sexual abuse were highly publicized in the 1980s and 1990s, reigniting public intolerance for sexual offenders. And although the incidence of sexual offenses has been decreasing, sanctions for sex offenders have been constantly increasing over the last two decades. Unfortunately, empirical research does not show that such sanctions significantly deter offenders or reduce recidivism, and yet this legislation creates significant financial strain for local jurisdictions and states that must implement the policies (Zgoba et al., 2008). Despite the questionable efficacy of these laws, there is no sign of reducing the sanctions for this group. This is not the first time historically that society has exhibited a “moral panic” about the dangers of sexual abuse. This panic has waned and ebbed throughout the last century. Jenkins (1998, p. 4) explains that the perception of sex offenders is the effect of “socially constructed realities” influenced by existing social and political ideologies. The public desire to incapacitate sex offenders today is similar to social attitudes in the 1930s, when sexual psychopathy laws emerged to incapacitate those considered to be “unfortunate but dangerous wretches” (Robson, 1999, p. 2). So although empirical research has consistently shown that sex offenders constitute a heterogeneous population of individuals for whom a one-size-fits-all policy will not be effective, such policies regarding the supervision, monitoring, and incapacitation of sexual offenders have gone full circle since the beginning of the century. The purpose of this text is to provide the reader with a general understanding of sex offenders and the societal responses to them. Historically, sex offender research has focused on why sex offenders commit such offenses, and the characteristics of different types of offenders. Sex offender research today is centered around three general topic areas: (1) the factors associated with sexual offending, including personal characteristics as well as situational variables; (2) sex offenders' risk of recidivism; and (3) the efficacy of policies and programs for sex offenders. Before addressing the issue of why people commit sexual offenses and how best to prevent them, however, it is necessary to understand the nature and scope of sex crimes in the United States today. WHAT IS A SEXUAL OFFENSE? More than 100 years ago, Richard von Krafft-Ebing (1886/1965, p. 241) made the following observation about sexual behavior: Nothing is so prone to contaminate—under certain circumstances, even to exhaust—the source of all noble and ideal sentiments, which arise from a normally developed sexual instinct, as the p ...
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PART TWENTY-SEVEN CONSENSUS AND CONFORMITY MARITAL STATUS AND SEXUAL OUTLET Among the social factors affecting sexual activity, marital status is the one that would seem most likely to influence both the frequencies and the sources of the individual’s outlet. The data, however, need detailed analyses. Social and Legal Limitations In Social and religious philosophies, there have been two antagonistic interpretations of sex. There have been cultures and religions which have inclined to the hedonistic doctrine that sexual activity is justifiable for its immediate and pleasurable return; and there have been cultures and religions which accept sex primarily as the necessary means of pro- creation, to be enjoyed only in marriage, and then only if reproduction is the goal of the act. The Hebrews were among the Asiatics who held this ascetic approach to sex; and Christian sexual philosophy and English-American sex law is largely built around these Hebraic interpretations, around Greek ascetic philosophies, and around the asceticism of some of the Roman cults (Angus 1925, May 1931). A third possible interpretation of sex as a normal biologic function, acceptable in whatever form it is manifested, has hardly figured in either general or scientific discussions. By English and American standards, such an attitude is con- sidered primitive, materialistic or animalistic, and beneath the dignity of a civilized and educated people. Freud has con- tributed more than the biologists toward an adoption of this biologic viewpoint. Since English-American moral codes and sex laws are the direct outcome of the reproductive interpretation of sex, they accept no form of socio-sexual activity outside of the marital state; and even marital intercourse is more or less lim- ited to particular times and places and to the techniques which are most likely to result in conception. By this system, no socio-sexual outlet is provided for the single male or for the widowed or divorced male, since they cannot legally procreate; and homosexual and solitary sources of outlet, since they are completely without reproductive possibilities, are penalized or frowned upon by public opinion and by the processes of the law. Specifically, English-American legal codes restrict the sexual activity of the unmarried male by characterizing all pre-marital, extra-marital, and post-marital intercourse as rape, statutory rape, fornication, adultery, prostitution, association with a prostitute, incest, delinquency, a contribution to delinquency, assault and battery, or public indecency—all of which are offenses with penalties attached. However it is labelled, all intercourse outside of marriage (non-marital intercourse) is illicit and subject to penalty by statute law in most of the states of the Union, or by the precedent of the common law on which most courts, in all states, chiefly depend when sex is involved. In addition to their restrictions on hetero-sexual inter- course, statute law and t.
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Below is the responces and attached the assignment thanks Discusion 1 Larturo : The Patriot Act is similar to our previous discussion on Judicial Review in one simple way- is grants too much power, and power without limitation. The Patriot Act supplies a very loose definition of terrorism. According to the American Civil Liberties Union, Section 802 of the USA PATRIOT Act (Pub. L. No. 107-52) expanded the definition of terrorism to cover ""domestic,"" as opposed to international, terrorism... "A person engages in domestic terrorism if they do an act ""dangerous to human life"" that is a violation of the criminal laws of a state or the United States, if the act appears to be intended to: (i) intimidate or coerce a civilian population; (ii) influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination or kidnapping. Additionally, the acts have to occur primarily within the territorial jurisdiction of the United States and if they do not, may be regarded as international terrorism." Simply put, our law enforcement agencies are granted the right to pursue individuals for criminal activity if it is deemed a potential act of terrorism. This has translated to quite an abuse of power of the years. Many would argue that this act has given law enforcement officials the legislation needed to pursue individuals for "regular" criminal activity that they otherwise do not possess enough evidence for, among other questionable legal activities. While I believe that the Pat Act was well intended, it has certainly proven to put a lot of individual rights in question. How far should our law makers be able to go to defend our land and protect our country, yet violate and deter the rights of individuals? And, at what cost? ACLU, 2015. Top ten abuses of power since 9/11. Retrieved from https://www.aclu.org/top-ten-abuses-power-911. Lorena : The Patriot Act was established to help the government to detect terrorists and terrorist activity. The Patriot Act grants the government and the law enforcement more power than what they already have. “Congress enacted the Patriot Act by overwhelming, bipartisan margins, arming law enforcement with new tools to detect and prevent terrorism” (The USA Patriot Act, N.D). The Patriot Act does infringe on civil rights and liberties when the government thinks an individual might be affiliated with terrorist activities. This is violates the Fourth Amendment, which is supposed to “protect individuals “in their persons”, homes, documents, etc. against unreasonable searches and seizures without the issuance of a warrant and probable cause” (Khalil, 2005). The Patriot Act allows law enforcement to search a home or a business without a search warrant or permission from the owner. It allows the FBI to search telephone records, email records, and financial records without the consent of the owner or court order”(Limeberry, 2008). The Patriot Act .
Below is the responces and attached the assignment thanksDisc.docx
Below is the responces and attached the assignment thanksDisc.docx
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rharrisonaz
Ch07(1)
Ch07(1)
rharrisonaz
Ch09(1)
Ch09(1)
rharrisonaz
Ch10(1)
Ch10(1)
rharrisonaz
Ch11
Ch11
rharrisonaz
Ch03
Ch03
rharrisonaz
Ch02
Ch02
rharrisonaz
Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 7 - Contract Provisions
rharrisonaz
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 6 - Contractual Intent
rharrisonaz
Law 206 Ch. 4 - Consideration
Law 206 Ch. 4 - Consideration
rharrisonaz
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 3 - Acceptance
rharrisonaz
Law 206 Ch. 2 - Offer
Law 206 Ch. 2 - Offer
rharrisonaz
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 1 - Overview of Contracts
rharrisonaz
Law 206 Ch. 11 - Remedies
Law 206 Ch. 11 - Remedies
rharrisonaz
Law 206 Ch. 10 - Discharge of Obligations
Law 206 Ch. 10 - Discharge of Obligations
rharrisonaz
Plus de rharrisonaz
(20)
Ch01(1)
Ch01(1)
Ch02(1)
Ch02(1)
Ch03(2)
Ch03(2)
Ch04(1)
Ch04(1)
Ch05(1)
Ch05(1)
Ch06(1)
Ch06(1)
Ch07(1)
Ch07(1)
Ch09(1)
Ch09(1)
Ch10(1)
Ch10(1)
Ch11
Ch11
Ch03
Ch03
Ch02
Ch02
Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 4 - Consideration
Law 206 Ch. 4 - Consideration
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 2 - Offer
Law 206 Ch. 2 - Offer
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 11 - Remedies
Law 206 Ch. 11 - Remedies
Law 206 Ch. 10 - Discharge of Obligations
Law 206 Ch. 10 - Discharge of Obligations
Ch 7 Other Crimes Against Persons
1.
Scheb and Scheb,
Criminal Law and Procedure 7 th edition Chapter 7: Other Offenses Against Persons
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