Criminal Legislation

Criminal Legislation

A. Draft two laws that are not currently laws in all states or under the model Penal Code. Make sure that your draft legislation includes the elements of the offense, including the intent (mens rea) necessary to be established for conviction. Include a preamble specifying why the law should be enacted.

Parole Eligibility in Rape Cases

Preamble:

The statutes for each state in the United States lack solid detail on the eligibility of parole for those convicted of Rape or Sexual Battery. This statute will propose that anyone sentenced to prison for any type of sexual battery or rape must serve the entire sentence without possibility of parole. The purpose for the enactment of this law is keep rapists behind bars and off the streets. There have been cases where, due to overpopulation for example, those serving time for rape or sexual battery have been paroled. In the states of Florida and Massachusetts, there are specifications regarding certain eligibilities of the convicted rapist. However, these specifications do not refer to parole. Therefore, a statute written exclusively concerning the parole of a convicted rapist is necessary.

1.) Any persons convicted of any rape or sexual battery offense will not be eligible for parole.

2.) Upon sentencing of a rape or sexual battery charge, the previous (1.) will be clearly stated.

3.) This will apply whether the charge of rape or sexual battery is a first offense or repeat offense.

4.) There are no limitations to the lack of eligibility of parole, regarding the age of the victim in the rape or sexual battery case.

Regular Testing for Elderly Drivers

Preamble:

The statutes in most of the United States have been written in such a way that permission is granted to the state to choose who needs to be retested or reevaluated for the right to obtain or maintain a driver's license. However, these statutes do not exclusively state that persons who reach a certain age should be reevaluated due to their age. A problem in many states is that of elderly driver's getting into or causing accidents due to their lack of vision, reaction time or ability to make snap decisions. Strict and specific requirements on retesting and reevaluating drivers who are 65 and older will reduce the risk of accidents involving elderly drivers.

1.) Any person's 65 years of age will be required from the age of 65 on up to perform a road test and written test every five years from the age of 65.

2.) Failure to comply with the previous (1.) will result in the suspension or revocation of their driver's license.

3.) If the requirements of the road test or written test are not met, the individual will not be eligible for reinstatement of their driver's license.

4.) Current residence must be on file with the local driver's license office in order for a written reminder of the upcoming test to be sent to the individual. Thus, making the responsibility that of the individual. Reminder letters are strictly for purposes of courtesy, because the system will automatically suspend the license of any individual, 65 years of age and up, who have not complied within 30 days of the date of which the letter was generated.

Mandatory Helmet Law:

All passengers and operators of motorcycles and motor-driven cycles used upon the public streets and highways of this state shall be equipped with the following equipment under standards set forth by the Office of Motor Vehicle of the State of Arkansas:

(1) Protective headgear should be worn by any person operating said machinery and

(2) Protective glasses, goggles, or transparent face shields.

Any person not abiding by the law set forth by the Office of Motor Vehicle of the State of Arkansas shall be fined and possible serve jail time for repeat offenses.

This law should be enacted because it would not only help save the lives of the riders in question but it would also protect them against brain injury, should an accident occur.

Mandatory waiting period before attending college after high school graduation:

All high school graduates will have to wait one year before applying or attending a college in the United States. Graduates should wait one year in order to mature and grow as an adult. By having a one-year waiting period the graduates will be able to work and better understand why an education is important.

All violators of this law should not be able to attend college for an additional semester or year and he or she would have to pay back the money that was lost.

By setting this law, there will be less money wasted, fewer scholarships to be revoked, and less of a failure percentage for first semester college freshmen. This would also give the first time college student time to decide what field of study he or she would like to pursue.

B. Propose two criminal laws that you believe should be repealed. In your proposal, include a copy of the penal code (from any state or federal code) and your reasons for the repeal of the laws.

North Carolina Statute Ð'§ 14-177. Crime against nature (Sodomy)

North Carolina enforces said statute "If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon" (NC General Assembly, 2005). This statute originated from an English law passed over 400 years ago during the reign of Henry VIII. The NC courts' interpretation of the crime against nature law (abbreviated as "CAN" law) is that it is illegal for a person to engage in oral or anal sex with any other person even if this activity occurs in private, between two consenting adults. This crime is punishable by up to 10 years in prison and/or a discretionary fine.

Most North Carolina citizens probably do not realize that what they do in the privacy of their own home and bedroom may be illegal. All 50 states once had sodomy laws on the books. Thirty-two states have now repealed these laws. Five states currently have sodomy laws that apply to only same-sex acts; thirteen states including NC have laws that apply to both heterosexuals and homosexuals.

Policymakers understand the need for privacy about intimate acts