Instructions:
Choose two of the following three essay choices to answer. Place your answers in a single document, and be sure I can identify which prompts you’ve chosen. Your answers should be at least around one double-spaced page each, and no more than 3 double-spaced pages each. You may cite course materials in your answer, but be sure your answer is primarily in your own words.
Much of the criminal law surrounding violent crime hinges on questions of intent. Define and describe the differences between differing homicide charges, including first-degree murder, voluntary manslaughter, and involuntary manslaughter. How does intent differ between these three types of charges? What role do concepts like heat of passion and provocation play in manslaughter cases?
In class, we watched “The Madoff Affair,” a documentary covering the federal fraud charges against Bernie Madoff. Define and explain the criteria for wire fraud and what constitutes a Ponzi scheme, and then discuss how Madoff’s case illustrates that concept. Be sure to discuss the actions Madoff took and the charges he incurred for that behavior. Finally, discuss whether any “red flags” for Ponzi schemes were present in his case.
The use of insanity defenses in criminal court is a long-occurring feature of the criminal legal system, even though successful insanity defenses are rare. Define and explain what constitutes a M’Naghten insanity defense—what criteria must a defendant meet to use this defense? Why does it seem that Andrea Yates, whose case we discussed in class, was able to successfully use this defense when it failed in other cases (for example, Susan Smith’s case, which we also discussed in class)?