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criminal law
Contemporary Criminal Law Concepts, Cases, And Controversies 3rd Edition Matthew R Lippman - Solutions
Read about recent trends in the sentencing of white-collar criminals. 1 Why did the appellate court acquit Summers? 2 Was the court's decision influenced by the fact that Summers was engaging in an act of political protest? Should the appellate
Learn more about Bernie Madoff.
Examine the corporate corruption across the globe.
Go to the FBI Web site on white-collar crime and summarize the criminal offenses that are listed and note some of the relevant criminal statutes.
Who poses a greater threat to society, white-collar or common criminals?
Should the federal government use its interstate commerce power to prosecute what are traditionally consid- ered state criminal offenses? Why not let state government pursue criminal prosecutions?
What is public bribery? Why is bribery a crime? How is it distinguished from graft?
Discuss the purpose of the Sherman Antitrust Act. Give an example of an antitrust violation.
Why is money laundering considered a criminal offense? Provide an example of money laundering.
What areas are covered under the federal Health Fraud Act?
Discuss the purpose of the Travel Act.
What are the elements of mail and wire fraud? How do they differ from one another?
Define insider trading. Why is insider trading considered a crime?
What is the purpose of criminal prosecutions under OSHA?
List some of the acts that are considered environmental crimes.
Do you believe that the federal government should make it a priority to prosecute white-collar crime?
Should criminal law textbooks devote a separate chapter to the discussion of white-collar crime?
What are the various approaches to defining white-collar crime?
What is the societal interest in criminally convicting Castillo?
Does the Florida statute punish both bribery and graft?
Would you charge and convict A.S. of offering to unjustly com pensate Castillo?
Would you have convicted Castillo, given that he did not mention that he had decided not to give AS. a ticket until after the two engaged in sexual intercourse?
Explain the reason that money laundering is a crime.
Why is Reverend Davis guilty of money laundering?
Would Castillo's conviction have been affirmed by the Florida Supreme Court if an express agreement and direct (rather than circumstantial) evidence was required to establish unlawful compensation? Should an express agreement be required? a loving husband and father of six, and Duff promised that
What is the prosecution required to establish to convict a defendant of unjust compensation under Florida law?
What are the elements of money laundering under 18 U.S.C 1956?
Describe Reverend Joseph Davis's criminal activity.
What about the defendants' argument that the mails were not used to further the alleged fraud? 3 James Duff received a ten-year prison sentence. William Stratton, an African American appointed by Duff to head Remedial Environmental Manpower, received six years in prison. Duff was also ordered to
Explain how Chicago was the victim of the mail fraud of prop- erty or money. Did Chicago receive what it paid for?
Could the Wall Street Journal have traded in these securities without violating the law? What about a private individual who did not work for the Wall Street Joumal who based his or her own analysis on the same information that was provided by Winans to Brant and Felis?
Is it significant that Winans was never certain that a column would appear in a forthcoming issue of the Wall Street Journal?
Explain how the defendants benefited by investing in companies before the publication of Winans's columns.
Winans's columns contained data concerning the economic performance of companies that was available to any sophisti cated member of the public who was skilled at corporate analysis, is this insider information and trading?
Write an essay briefly summarizing property crimes. Address whether we still require the various property offenses that were developed by the common law.1. How could Winans violate the law when he did not work for the corporations whose stock he advised Brant and Felis to buy or sell?
What are some of the factors that aggravate a property offense?
Discuss the use or threat of harm requirement in regard to robbery.
How do courts interpret the "taking and carrying away" element of larceny? Why did the common law require a "carrying away" of property?
What are the elements of carjacking?
Distinguish robbery from extortion.
How does robbery differ from larceny?
What is the difference between forgery and uttering?
What is a prosecutor required to prove beyond a reasonable doubt in order to establish the crime of receiving stolen property? How does the punishment of this offense deter theft?
Why have states passed legislation to address computer crimes rather than using existing statutes punishing crimes against property? What types of acts are prohibited under these statutes?
Describe the harm to society caused by identity theft. What is the reason that states found it necessary to adopt new criminal statutes punishing identity theft?
Why did various states adopt consolidated theft statutes?
Provide an example of how the common law of larceny developed in response to the growth of business and commerce. 2 Distinguish between the requirements of larceny, embezzlement, and false pretenses.
Examine the conviction of O. J. Simpson for bur- glary and other offenses.
Learn about graffiti and crime.
Read about the arson fire of a dorm at Seton Hall University, which resulted in the deaths of three students.
Discuss the justifications for crimes against habitation. Is it accurate to continue to categorize burglary and arson as crimes against habitation?
What are some factors that aggravate burglary, arson, trespass, and criminal mischief?
Compare and contrast arson and criminal mischief.
What are the three types of acts that satisfy the actus reus of criminal mischief?
Define arson. How have modern statutes modified the common law crime of arson?
What is the difference between burglary and trespass?
What is the definition of burglary? How have the elements of the common law crime of burglary been modi- fied by modern statutes?
Would a colorful and attractive mural painted on the wall of a highway underpass violate the California statute?
Do you agree with Judge Epstein that if the use of a marker pen on a "painted or stucco surface" constitutes vandalism, the "use of a marker pen on glass should constitute vandalism?
Explain how the law of arson differentiates between burning. charring, scorching, and smoke damage. Does it make sense. to distinguish between these different categories of fire-related damage?
List several hypothetical examples of situations that will not constitute burglary under the appellate court's decision. 5 How would you rule as a judge in this case?
What if, after returning from taking Cara's son to the child's grandmother's house, Hitt found the house locked and broke and climbed in a window and thereafter entered Burner's bed- room? Would this be a burglary?
How would you decide this case?
Would the case have turned out differently in the event that the back door was wide open when Bruce left and reentered the trailer?
Why did the appellant's initial entry not constitute a burglary?
Should a conviction for defacing property require that the defendant cause permanent damage to the property or destroy the property?
Summarize the facts in Nicholas Y. 2 Why does Nicholas Y. claim that the facts do not support his criminal conviction for vandalism?
Define a "fixture." Why is the destruction of a fixture consid- ered arson?
What type of damage to a structure is required for arson?
Can you interpret the language of the statute to support the trial court's conviction of Hitt? How would you amend or change the statute to strengthen the prosecution's case?
Why does Hitt argue that he is not guilty of burglary? What is the prosecution's argument? Explain the appellate court's reasoning in acquitting Hitt. Did Hitt possess the required criminal intent?
The Virginia burglary statute, section 18,2-91, punishes any per son who, in the daytime, breaks and enters a dwelling house with the intent to commit larceny, assault and battery, or enters with the intent to commit any felony other than murder, rape, or rob- bery. Is the decision of the Virginia
Examine state shoplifting law.
Learn about identity theft.
Read about the notorious forgery of the Hitler dia- ries. How were the experts fooled?
Explore computer crime on the Department of Justice Web site.
Should courts limit the use of force for purposes of robbery to the time of the taking? Would it make more sense to punish the force used by Messina as a battery?
Did the victim place herself at risk by her behavior?
Why was Messina not charged with robbery based solely on his snatching of the victim's purse? Was the defendant's use of force part of a "continuous series of acts or events"?
Do you agree with the decision in this case?
Should the law be changed to recognize Cunningham's acts as forgery? What facts would the prosecution have to demon-1 strate under existing law to convict Cunningham of forgery? What facts could convict him of uttering?
Could the defendant be successfully prosecuted under a differ ent criminal charge?
How would you rule?
Explain the reason that the court does not find that Cunning ham was guilty of forgery.
Why does the prosecutor allege that Cunningham is guilty of forgery? What is his defense?
As a judge, how would you rule in this case?
What single fact is crucial in the court's finding of guilt? Are there additional facts that are not in the court's opinion that you would find helpful in determining if Hurston is guilty or innocent?
What facts does the court rely on in finding that Hurston pos- sessed or controlled the automobile? On what basis does the dissent dispute the court's determination?
What facts does the court rely on to establish that Hurston knew or should have known that the automobile was stolen? Do these facts establish a criminal intent beyond a reasonable doubt?
At what point did the defendant commit a computer crime? Was it when he looked at a password without authorization or when he transferred the passwords to his own computer? Do passwords retain their value indefinitely?
Do you agree with the court that a password may be the sub- ject of theft? What is the difference between the theft of a watch and the theft of a password? Why was a special statute required to prosecute the defendant for stealing passwords?
Why does the defendant contend that he is not guilty? How does Oregon respond to this argument? What is the ruling of the court?
Explain in clear and understandable fashion the basic facts that form the basis of the charge brought against Schwartz.
Did the need for low-wage labor in the beef-packing industry play a role in the appellate court's decision?
Construct an argument that affirms Vargas's conviction using the language of the Kansas identity theft statute 3 Would this case have been decided differently had Vargas been using a social security number assigned to another individual?
Explain the basis of the Kansas appellate court's reversal of Vargas's criminal conviction for identity theft.
As a prosecutor, would you have charged Henry with false pretenses?
What is Henry's defense? What did he mean when he con- tended that a practical joke under the court's interpretation could be interpreted as a crime? Are the arguments of the court or of the defendant more persuasive?
Would Henry's scheme be punishable as false pretenses had the Arizona statute on false pretenses not been amended? Why is Henry's scheme punishable under the text of the cur- rent statute? Did Henry obtain a "benefit"?
What of the argument that Thomas fraudulently and substan- tally interfered with the customer's property rights? Various courts hold that an individual converts property to his or her own use when he or she treats the property as "his or her own." See State v. Lough, 899 A.2d 468 (R.I. 2006).
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