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criminal law
Contemporary Criminal Law Concepts, Cases, And Controversies 3rd Edition Matthew R Lippman - Solutions
Can you speculate why the defendant was convicted at trial? What are the reasons that the Georgia appellate court reversed Thomas's conviction?
Summarize the facts in Thomas and the relevant statute
Would it be advisable to require store security to wait until an individual walks past the cashier or exits the store before detaining a customer for shoplifting?
What is the difficulty of applying the law of larceny to the "mod- ern service store"? Consider the challenge of proving a "tak ing" and a felonious intent. What types of facts does the court point to as establishing a criminal intent and a taking?
Apply the common law of larceny. Would Gasparik be guilty?
Read more about the Kobe Bryant rape prosecution.
Examine human sexual trafficking and sexual slavery in the United States.
Learn more about stalking.
Read about rape in male prisons.
Distinguish between false imprisonment and kidnapping.
What is the definition of kidnapping? What are the various approaches to the asportation requirement?
What is the relationship between the crime of stalking and a criminal assault?
Discuss the two ways to commit an assault.
What are the requirements of a battery? Describe the difference between a simple and an aggravated battery.
Distinguish an assault from a battery.
What is the purpose of rape shield laws? Are there exceptions to rape shield laws?
May an individual who withdraws consent claim to be the victim of rape?
Is a defendant's belief that another individual is above the age of lawful consent a defense to statutory rape? What of the female's past sexual experience?
What are the three approaches to the defense of mistake of fact in the mens rea of rape?
In addition to force, what other means might a perpetrator employ to satisfy the actus reus requirement in the law of rape?
Distinguish the standard of extrinsic force from the intrinsic force standard in the law of rape.
What elements distinguish a simple or second-degree rape from aggravated or first-degree rape?
Describe the changes in the law of rape introduced by the reform statutes of the 1970s and 1980s.
How did the common law define rape? List some of the barriers to establishing rape under the common law.
Why does "date rape" present a challenge to prosecutors?
What was the original justification for the crime of rape?
Do you agree with the court's conclusion that the victim was kidnapped?
Was Waldon's conduct protected under the First Amendment? Would you hold Waldon liable under the stalking statute?
Would you convict Carter of assault?
Why does Aguilar contend that this was not kidnapping? Is it significant that the victim was moved only a short distance? What does the court conclude? jected to an immediate battery? Would Carter be criminally lia- bie in the event that he pointed a pistol at O'Donnell that Carter knew was
Discuss the legal test for kidnapping relied on by the court.
What is the basis for Judge Barteau's disagreement with the majority? Consider how he differs in his discussion of Waldon's behavior and Majors's reaction.
Describe Waldon's behavior. What was Majors's reaction? Was this a reasonable reaction?
Compare and contrast the majority and dissenting opinions Which is more persuasive?
Did Officer O'Donnell reasonably believe that he would be sub- assault of placing a victim in reasonable apprehension of bodily harm.
Explain the distinction between attempted battery and the
Would you hold John Z. guilty of rape? Is the continuation of sexual intercourse despite a withdrawal of consent the same crime as the forcible attack on an individual?
Do you agree with dissenting Judge Brown that Laura was not forcibly compelled to continue the intercourse with John Z.? What of Judge Brown's argument that the majority of the Call- fornia Supreme Court is equating "persistence" with "force"? Should a male be provided a "reasonable amount of time"
Consider this quote from a judgment of the California Supreme Court recognizing a mistake of age defense: "The sexually expe- rienced 15 year old may be far more acutely aware of the impli cations of sexual intercourse than her sheltered cousin who is beyond the age of consent.... [The folder) male
Do you favor the standard in Berkowitz or in M.T.S.?
As a lawyer working for a New Jersey university, what points would you include in a guide to sexual conduct to be distributed. to students in light of M.T.S.?
Do you believe that it is difficult to apply the legal test estab lished by the New Jersey Supreme Court? What problems do you anticipate would confront a defendant in establishing that the alleged victim, in fact, affirmatively and freely engaged in sexual contact?
As a juror, would you convict the defendant?
Why did the Pennsylvania Supreme Court opinion fail to highlight that in the past, the victim had made sexually provocative remarks to Berkowitz and had visited his dorm room? Is it signifi cart that the victim's boyfriend reported the rape immediately after the victim informed him that she had
How did the court distinguish Vela from John Z.?
What facts support the conclusion that Laura clearly withdrew her consent? Could John Z. have reasonably believed that Laura desired to continue to engage in sexual intercourse? 2 Did the majority apply the extrinsic or intrinsic force test? Con- sider California Penal Code section 261.6, which
Why did Raymond receive a "suspended sentence" rather than being sentenced to prison? In answering this question, discuss justifications for punishment.
Should vaginal intercourse with an individual younger than the age of fourteen be a strict liability offense? Would you provide for the defense of a reasonable mistake of fact as to the age of the victim?
Summarize the argument of the majority and of the dissenting opinions
Is there difficulty determining precisely what occurred in this case? As defense attorney, what questions would you ask the victim on cross-examination in order to undermine her
What are the facts the prosecution is required to prove beyond a reasonable doubt to convict a defendant under the legal test established by the New Jersey Supreme Court? List the facts that are relied on by the New Jersey Supreme Court in conclud- ing that the sexual penetration was without the
Explain why the New Jersey Supreme Court ruled that the defi nition of "physical force is satisfied if the defendant applies any amount of force against another person in the absence of what a reasonable person would believe to be the affirmative and freely given permission to the act of sexual
What facts support the court's finding that Berkowitz did not use "forcible compulsion" in his sexual intercourse with the victim? Are there facts supporting the contention that Berkowitz did rely on "forcible compulsion"?
Why does the Pennsylvania Supreme Court rule that the evi- dence was insufficient to hold Berkowitz legally liable for rape? Can you explain why the court rules that Berkowitz was properly convicted of indecent assault?
Read about capital murder and the administration of the death penalty.
Learn about Jack Kevorkian and the right to die.
Consider how the Wyoming murder of Matthew Shepard, in 1998, illustrates the law of felony murder.
Discuss the purpose of the various grades of murder and dividing homicide into murder and manslaughter. Why do we make all these technical distinctions between types of homicide?
Discuss the difference between negligent homicide and misdemeanor manslaughter. Why is misdemeanor manslaughter termed unlawful-act manslaughter in some states?
Should the law recognize the offense of voluntary manslaughter? Why not?
What acts constitute adequate provocation? What must the defendant prove to establish heat of passion? At what point does a defendant's blood "cool"?
Define voluntary manslaughter.
Discuss the legal standards for holding a corporation liable for first-degree murder and for involuntary manslaughter. Is there a social benefit in holding corporations liable for homicide?
Why does the law provide for the offense of felony murder? What are the arguments for and against the felony-murder rule?
Define depraved heart murder.
What is the difference between first- and second-degree murder?
Differentiate first-degree murder from first-degree capital or aggravated homicide.
Discuss the historical origins and development of criminal homicide into murder and manslaughter. Can you distinguish between murder and manslaughter?
Do you agree with the court decision that Jones did not act in a grossly negligent fashion?
Why did the Tennessee Supreme Court reverse the conviction of Letitia Jones?
Some courts have recognized that "information" may consti- tute adequate provocation. Would Joyce's alleged filing of abuse charges against Steven quality as "information" consti- tuting adequate provocation?
What is the purpose of holding Richard Knutson, Inc., criminally liable? Is the death of an employee better addressed through a civil suit seeking monetary compensation to the victim's family?
Summarize the argument in favor of extending the statute to cover corporations. Are you persuaded by the argument? Should states adopt statutes explicitly punishing corporate murder?
Would it be fair to hold Capone liable for felony murder, particu- larly given Marion's inaccurate marksmanship? Would you hold Capone liable in the event that Marion shot and killed Lowery in self-defense?
Lowery argues that he clearly retreated, that the felony had been completed, and therefore he should not be held liable for felony murder. How does the court respond to this argument?
Do you believe that the defendant's recklessness created. such an extreme threat to human life that the gravity of her crime was equivalent to intentional murder and that she was properly convicted of second-degree murder rather than a less serious category of homicide, such as negligent
One month following the decision in Midgett, the Arkansas legislature amended the state's criminal code to authorize a verdict of first-degree criminal homicide when an individual under "circumstances manifesting extreme indifference to the value of human life knowingly causes the death of a person
Based on this case, do you question whether first-degree mur- der is always a more serious offense than second-degree murder?
What facts support the allegation that the defendant killed in a "cold, calculated, and premeditated" fashion?
Do you believe that a murder committed in a "heinous, atrocious, or cruel fashion merits a harsher penalty than other murders?
Does Forrest suggest that a murder committed with premedita- tion and deliberation is not necessarily more deserving of punishment than a crime committed out of passion?
How does the approach of the California Supreme Court in defining a fetus differ from other states? In your opinion, is the California Supreme Court being directed by science, reli- gion, or politics? Do you agree with the decision of the Califor- nia Supreme Court? suffering of a loved one and a
Judge Mosk argues that the defendant could not have reason ably been aware that Maria Flores was pregnant. Why is this significant?
Did Letitia Jones's holding her child in her lap constitute a gross deviation from the standard of care? decision in Davis from the U.S. Supreme Court holding in Roe v. Wade?
Was Letitia Jones aware of the risk of holding her child in her lap in the front seat of the automobile?
What is the legal test for negligent homicide relied on by the court in Jones?
List the corporate officials and employees who likely were neg ligent. Why did the prosecutor choose to prosecute the corpora tion rather than these individuals? Why did the prosecutor not charge Richard Knutson, Inc., with reckless homicide? 1 Did Joyce's behavior constitute provocation that would
What facts formed the basis of Richard Knutson, Inc.'s convic tion of negligent homicide?
Did Marion fire the pistol in justifiable self-defense? Was Marion's pistol shot an intervening act that should limit Lowery's criminal liability? Is Lowery correct when he argues that Marlon's act was "not foreseeable" in that he could not anticipate that Marlon would act as a "vigilante and take
Explain the difference between the agency and proximate cause theories of causality. Which theory favors the prosecutor in Lowery? Which theory favors the defense? What theory do you think is best to apply in Lowery?
Does the decision require her to know that the dogs would kill or was it sufficient that the killing was foreseeable? Could Davidson know or anticipate that the dogs were capable of kill- ing a human being?
What facts support Sabine Davidson's "indifference to the value of human life"?
Why did the Arkansas Supreme Court rule that Midgett is guilty of second-rather than first-degree murder? Summarize the dis- senting view that Midgett killed his son in a premeditated and deliberate manner. 2 Midgett was charged and convicted of the death of his son inflicted with the purpose of
Do you agree with Chief Judge Exum in his dissent that the law i should distinguish between a killing that is intended to end the 1 What is the legal standard for determining whether a killing was committed in a "heinous, atrocious, or cruel" fashion? 2 Summarize the facts that support the court's
What circumstantial evidence supports the conclusion that For rest acted with premeditation and deliberation in killing his father?
What is the relationship between Davis and Keeler v. Superior Court? How does the California Supreme Court distinguish the
Courts are criticized for "judicial legislation," making the law rather than interpreting statutes passed by the legislative branch. In interpreting the term "fetus, did the California Supreme Court follow the intent of the California legislature or impose its own view?
Why is the wording of the jury instruction significant in this case? How does it impact on the defendant's guilt or inno cence? What is the holding of the California Supreme Court?
Read about the impact on juveniles of prosecuting them as adults.
Listen to a program on National Public Radio about counterterrorism and entrapment.
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