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Overview

For criminal liability to exist, the elements of the offense must be proven, such as the criminal mental state and the criminal act. However, other considerations also come into play, such as the link between the act and the resulting harm. For example, factual cause is insufficient for criminal liability, which can be examined through the “but for” test. Instead, for legal cause to exist, the harm must be the proximate result of the act. Proximate cause is present when the resulting harm is the direct and probable result of the criminal act. In the context of foreseeability, the precise harm or injury need not have been anticipated by the actor, but only that which is reasonable in light of all the facts and circumstances surrounding a particular act. Factual causality can be determined through the sine qua non test, which essentially means, “without this, that would not be.”

Instructions

In this assignment, you will explain the concept of precedent, address how precedent has played a part in the evolution of criminal law, and how precedent-setting cases have provided interpretation for criminal law and criminal procedure in conjunction with the impact of these rulings on law enforcement in the context of causation. Complete the following:

• Explain the concept and the role of precedent, in a criminal procedural and criminal law context, as they pertain to law enforcement officers’ handling of criminal cases.
• Summarize two precedent-setting cases in the areas of criminal law and criminal procedure dealing with the issue of causation.
• Illustrate how your selected cases impact law enforcement officers.
• Explore why it is important for law enforcement officers to understand the impact of precedential cases.

Additional Requirements

• Written communication: Must be free of errors that detract from the overall message.
• Resources and citations: Format according to APA guidelines.
• Required page count: 3-4, not including the cover page or the references page.
• Font and font size: Times New Roman, 12 point.

Print

Precedent and Causation in Law Enforcement Scoring Guide

Due Date: End of Unit 2.
Percentage of Course Grade: 12%.

Criteria	Non-performance	Basic	Proficient	Distinguished
Explain the concept and the role of precedent, in a criminal procedural and criminal law context, as they pertain to law enforcement officers’ handling of criminal cases. 22%	Does not explain the concept and the role of precedent in the law enforcement context, as they pertain to law enforcement officers’ handling of criminal cases.	Partially explains the concept and the role of precedent in the law enforcement context, as they pertain to law enforcement officers’ handling of criminal cases.	Explains the concept and the role of precedent in the law enforcement context, as they pertain to law enforcement officers’ handling of criminal cases.	Comprehensively explains the concept and the role of precedent in the law enforcement context, as they pertain to law enforcement officers’ handling of criminal cases.
Summarize precedent-setting criminal cases dealing with the issue of causation. 23%	Does not summarize precedent-setting criminal cases dealing with the issue of causation.	Partially summarizes precedent-setting criminal cases dealing with the issue of causation.	Summarizes precedent-setting criminal cases dealing with the issue of causation.	Comprehensively summarizes precedent-setting criminal cases dealing with the issue of causation.
Illustrate how select criminal cases impact law enforcement officers. 22%	Does not illustrate how select criminal cases impact law enforcement officers.	Partially illustrates how select criminal cases impact law enforcement officers.	Illustrates how select criminal cases impact law enforcement officers.	Comprehensively illustrates how select criminal cases impact law enforcement officers.
Explore why it is important for law enforcement officers to understand the impact of precedential cases. 23%	Does not explore why it is important for law enforcement officers to understand the impact of precedential cases.	Somewhat explores why it is important for law enforcement officers to understand the impact of precedential cases.	Explores why it is important for law enforcement officers to understand the impact of precedential cases.	Thoroughly explores why it is important for law enforcement officers to understand the impact of precedential cases.
Utilize appropriate communication techniques in form and analysis. 10%	Does not utilize appropriate communication techniques in form and analysis.	Utilizes some appropriate communication techniques in form and analysis.	Utilizes appropriate communication techniques in form and analysis.	Thoroughly utilizes appropriate communication techniques in form and analysis.

Please hit the distinguished marks for all categories in the scoring guide above.

 

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