Civil Rights and Social Justice

Memo

April 10, 2024

CIVIL RIGHTS AND SOCIAL JUSTICE

Commission on Homeless (VOLUNTEER)

Randolph, S. 2024

Topic: The Christian and Submitting to a Human Government

Question

Can Todd, who is a Christian, should or should not submit to the governing authorities?

Answer

Yes, the legislature passes a mandated reporting provision law that makes it a criminal misdemeanor for anyone who has knowledge of such a theft and does not report it to the authorities.

Facts

The state legislature passes a law that makes stealing anything valued under $100 a second-degree felony that is punishable by a minimum mandatory prison sentence of 5 years. As Todd walks into the downtown Starbucks, a homeless man approaches Todd and tells him that he has not eaten in two days. The man begs Todd to buy him something to eat. Todd tells the homeless man “no” and walks inside to buy an espresso macchiato. Feeling guilty about turning down the homeless man’s request for food, Todd decides to surprise him and buy an egg and cheddar breakfast sandwich. As Todd walks outside to give him the food, he sees the homeless man stealing a bacon and gouda breakfast sandwich from an outside table of a customer who had just walked inside to get some extra napkins

In the lecture this week Professor Tchividjian states the criminal deserves an advocate, and the advocate has the responsibility to uphold justice for the criminal; every man has the right to due justice, that is accused. But in the end, it is God that Judges the man's actions. Professor continues to say, “that every sinner gets an advocate,” Jesus is that advocate, He pursues justice for the unrightfully accused, or is it the unjust?

Discussion

The article written by Bob Deffenbaugh argued systems of authority (Governance), obedience, compliance, and cooperation. That as people we find it easier to follow our own rules when addressing each other but follow the governing rule when need one needs too. Deffenbaugh talks about how there are two authorities, the customs conventions that run in a system law becomes the law of the people v. the law of the Governance. So, the question s thread asks about the moral obedience of man to the law of Governance v. the law of the Christen moral.

How does the Gospel Relate to Criminal? Justice, Advocacy, and Love. We as Christians are to uphold the Gospel by living under the rules God gave, and to obey them. Isiah 61:8 I the Lord love Justice, John 2:1 “Jesus as Chief Advocate for advocacy”, and finally love Mark Chapter 12 the “The greatest commandments are love.”

Argument

Rule of Law

Joshua Dressler (2018) 99 The “voluntary act” rule stated § 2.01 of the Model Penal code applies to liability of crimes i.e., felonies, misdemeanors, and petty mis, However misdemeanor § 2.05(1) of the Code provides that the requirements set out in § 2.01 do not apply to offenses that constitute “violation” unless a court determines that application of § 2.01 is “consistent with effective enforcement of the law defining the “offense” a “violation is an offense for which the maximum penalty is a fine or civil penalty…the drafters of the Code determined that litigation of involuntary-act claims should not be permitted to undermine effective law enforcement.

Russell L. Weaver John M Berkoff Catherine Hancock, (2018) 72 Omission Liability the common law imposes only limited legal duties that give rise to the criminal liability for an omission to act. The failure of the law to impose liability based on “moral “duties may be explained by the inherent difficulties of defining the limitations of such duties

(2018) [B] 99 Exception to the Rule § 9.05 voluntary Act: Model Penal Code see also §9.06 Omission: General Principles “not every moral obligation to act crates a concomitant legal duty. Subject to a few limited exceptions, a person has no criminal law duty to prevent har to another, even if she can do at no risk to herself, and even if the person imperiled may lose herself in the absence of the assistance.”

See also 101 “[C] Defense of the General Rule If it is difficult to determine a non-acts mental state or degree of contribution to resulting harem there is a chance risk that a jury will incorrectly resolve these issues the risk of punishing a legally innocent person is substantially enhanced in omission cases.”

Todd’s act of kindness supported a homeless person in need. The common law duty of states with voluntary aid, or the statutory duty including bad Samaritan; laws. In turning down a man who needed aid, it causes the actions of the individual to become that of a crime. By Todd observance of the act, statue of law he must report the crime.

Rule Application

On the other hand, Todd does not have to aid the person I will have to go with the status defense; Weaver, Berkoff, Hancock (2018) 73 status crimes’ §9.03 [A] Poorly Drafted Statues. The question becomes is this statue unrealistic, should Todd have to handle his actions. I question what social harm he is committing in omission of the report is. Dressler, (2018) voluntary act Model Penal Code [B].

The application of law

Defense Argument

Id., (2018) Status Crimes the Supreme Court relied on the Eight Amendment to invalidate a statue that made it a crime to “be addicted to the use of narcotics.” The law created a “status crime” because it punished an illness and required on proof of an act, such as the use of possession of drugs. This ruling provided some constitutional recognition of the fundamental nature of the voluntary act requirement. However, the court limited the scope of this ruling by later upholding a statute, that made it a crime to be “found in a state of intoxication in a public place.” Reasoning that this statute did not penalize a status crime because it required an act.

In the case of Supra (2018) 96 Powell v. Texas Powell v. Texas 392 U. S 514 ,88S Ct. 2145, 20 L. ED. 2d 1254 (1968) “A state may not constitutionally punish a person for non-conduct, i.e., punish a person for her thoughts or her status, even if the person thoughts are status are dangerous. Some conduct by the defendant is constitutionally needed to punish a person.” It could be explained, because you cannot punish a homeless man for being homeless, but you can punish his/her criminal acts i.e., staling in this scenario. So, the defense asks you cannot punish a man for being a consumer, but you can punish him for not reporting a crime.

False, I disagree you cannot punish a man for a non-social harm, I would argue the courts to see id., (2018) 45 Robinson v. state of California Robinson v. state of California 370 U.S. 660, 82 S. Ct. 1417, 8 L. ED. 2d 758 (1962) Where the state found that the status of the man as an addict is not criminal however the act of the obtaining the drugs is.

Conclusion

If Todd had seen a homeless man in a social harm, then it would be relevant for the court to see the crime as utilitarian and punitive to society. However, the act in question of not reporting of a misdemeanor is a statue that is poorly drafted status offenses for common person reasonable and innocent. And the courts should therefore rule in favor of Todd and human Governance on the grounds of criminal liability, not my brother’s keeper and the commission by omission violative of the legality principle and §9.01 Social Harm Constitutional Limits 112 “Constitutional provision limit the extent to which a legislature may properly prohibit socially harmful conduct. The Supreme Court has held that the First Amendment bars a Legislature from making it a crime of,” ethics and moral against any persons such as freedom of speech and liberty. Here justice for the Todd should rest on his ability to help the homeless man even though the thought came after he denied him help. He followed the law of love given by God and advocated by Christ.

References

Bob Deffinbough (ND) The Christian and Civil Government Romans (13:1-7) From the Series Romans the Righteousness of God (web page) www.http:// bible.org/seriespage/33-christian-and-civil-government-romans-131-7

Joshua Dressler (2018) Understanding Criminal Law Eight Edition Carolina Academic Press, NC

Russell L. Weaver, John M Burkoff, Catherine Hancock (2018) Criminal Law A Contemporary Approach Third Edition West Academic Publishing

King James Bible (1611) London England