Thursday, March 28, 2002

The email I was talking about last night

Dr. K,

I am concerned with the creditability of question #10 on form B. The question reads as follows(as memory serves):

Of which may jail be a result?
a. felonies and misdemeanors
b. criminal misdemeanors
c. violations
d. all the above

First, felonies and misdemeanors are criminal charges therefore can only be charged in a criminal court. Because the sentence for a misdemeanor and a felony can be jail/prison (i.e potentially revoking the right of life, liberty and the pursuit ect.), the charges can only be brought in a criminal/trial court where the conviction is based on 'beyond reasonable doubt'. Second, because of the inherent criminality of the two charges, b. is superfluous. Third, c. violations is a rather broad term and COULD result in jail time however it depends on what specific violations are in query. In the case of parole or probation violations, the consequence may be prison, yet in the case of a violation of student code, university code, or even some traffic violations have virtually no possibility of serving a jail/prison sentence if one exists at all. Furthermore, there is no 'right' answer to this question. It could be argued that d. is the correct answer and it also could be argued that a. is the correct answer. Either way, the question, in one student's opinion, lacks credibility and merit and should be erased from the content of the exam. Thank you.

Jacqueline LaDuke

I'm still waiting on a response so hopefully soon I'll be able to see if my efforts paid off.

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