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