Criminal Legislation

Topics: Law, United States, U.S. state Pages: 6 (2215 words) Published: February 24, 2008
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
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
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,...

References: NC General Assembly. (2005). NC Sodomy laws. Retrieved February 21, 2008,
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