The criminal law is designed to punish bad, voluntary acts and intentions committed by a person. The purpose of criminal law is to protect society from harm. There U.S. Constitution places limitations on what behaviors and actions can be criminalized. Chapter 4 of the OER discusses a person’s “status” and whether or not a person’s status can be a crime.
1. Define “Status” as discussed in the chapter 4 of the OER. What is the difference be a person’s status and a person’s acts?
2. What does the U.S. Constitution say about punishing an individual based on their status of being a drug addict? An alcoholic?
3. Is it constitutional to criminalize being a drug addict, if the drug to which a person is addicted, is illegal to possess? Should it be? Explain your answer.
4. If drug addiction is harmful to society in general, can the law force addicts into treatment programs against their consent? Do you think this is a good idea? Explain why or why not.
5. If a person doesn’t take care of their children because they are addicted to methamphetamine, can the person be criminally charged? With what?
6. If an individual has a deadly virus are there circumstances in which the person’s status of being “infected” can be a crime? Can the person be confined against their will? Should they be?
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