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Contemporary Criminal Law Concepts, Cases, And Controversies 3rd Edition Matthew R Lippman - Solutions
Read about the trial of Ralph Tortorici on the Public Broadcasting Web site. Was he entitled to the defense of insanity?
Write a brief essay summarizing the law of excuses and stress their common characteristics.
Under what conditions should defendants younger than eighteen be prosecuted as "adult offenders"?
Outline the debate over the insanity defense and various efforts at reform. Would you favor abolishing the insanity defense?
Provide some examples of the "new defenses." How do these differ from established criminal law defenses? Do you agree that some of these defenses deserve to be criticized as "abuse excuses"?
What are the two tests of entrapment? How do these two tests differ from one another? Explain the relation- ship between these two tests for entrapment and the due process approach.
Discuss the difference between the mistake of law and mistake of fact defenses.
What are the elements of the duress defense?
Distinguish between the defenses of voluntary and involuntary intoxication. Describe the common law defense of infancy. How has this been modified under contemporary statutes?
Define and distinguish between the four major approaches to legal insanity. Discuss the purpose of the diminished capacity defense. What is the result of the application of the defense- to a defendant charged with a crime requiring a specific intent?
Should the cultural concern be raised at sentencing rather than when considering guilt or innocence? Was the Maine court influenced by the threat that Kargar would be required to register as a sexual offender and risk deportation?
What if Kargar continues to engage in this conduct? Will the Maine court reach the same decision in the event that another Afghan immigrant engages in similar conduct?
Do you believe that the Maine court would have reached the same decision if Kargar had been born and raised in the United States? If the "victim" had been a female?
Was this entrapment under the objective test?
How does the court distinguish Miller and DePasquale from earlier cases that held that the defendant was entrapped?
Assuming, that Moreno had no reasonable opportunity to escape, should he be permitted to have the jury consider the duress defense?
Do you agree with the court's decision?
What is the significance of Andrew's family history?
Can you explain the reason that the Washington Supreme Court concludes that Ramer lacked a capacity to understand that rape is "wrong"?
Are you persuaded that Kargar's conduct was a central part of his culture? Did he realize that his conduct was criminal? Should Kar gar's cultural background dictate the court's decision? 2 Might Kargar's son suffer long-term harm? Does the court overlook the issue of the victim's incapacity to
Why does the Nevada Supreme Court conclude that Miller was not entrapped?
Summarize the facts in Miller.
How does the appellate court distinguish Moreno from Contento-Pachon?
What factors does a court consider in evaluating whether Andrew Ramer possessed sufficient capacity to understand the act and to know that it was wrong? Why is there a higher standard to prove capacity in the case of a sexual offense? 1 Why does Moreno claim that he is entitled to rely on the
What is the reason for the age defense?
What is the reason that two judges dissented from the majority decision? 7 Why does it matter whether Galloway is found to GBMI rather than NGRI? Do you agree with the decision of the majority or with the decision of the dissenting judges? insane? Are you persuaded that his criminal conduct was
Why did the Indiana Supreme Court overturn the verdict of GBMI?
Explain the reason that the trial judge held that Galloway was GBMI rather than legally insane (NGRI)
What is the basis for the Florida court's conclusion that Brazill does not possess a constitutional right to be treated as a juvenile?
As a juror, would you find that the appellant acted in a fash ion that is characteristic of an individual who is legally, 1 As a prosecutor, would you have treated the thirteen-year-old. Brazil as an adult?
Was Galloway's demeanor unusual on the day of his grand- mother's death? Why is the demeanor evidence significant in this case? 1 What facts does the appellant present in support of the claim that he lacked a criminal intent and was temporarily insane? What is the government's counterargument?
Summarize the evidence that the court majority relies on in concluding that Galloway suffered form a bipolar disorder and was unable to appreciate the wrongfulness of his conduct.
What is the legal standard for insanity used by the Indiana Supreme Court?
Read about legal liability for violence in hockey. Watch a video of the police hot pursuit in Scott v. Harris.
Read more about the events surrounding the Bernhard Goetz case and developments following the criminal trial. Would a jury acquit Goetz if he stood trial today?
Write a brief essay outlining justification defenses.
Why do most state legal codes provide that an individual cannot consent to a crime? What are the exceptions to this rule?
What are the elements of the necessity defense? Provide some examples of the application of the defense.
Why have the overwhelming majority of states abandoned the defense of resistance to an illegal arrest? Distinguish this from the right to resist excessive force.
How does the rule regulating police use of deadly force illustrate the defense of execution of public duties? Does this legal standard "handcuff" the police?
What is the law pertaining to the defense of the home? Discuss the policy behind this defense. Compare the laws pertaining to defense of habitation and self-defense.
What are the two approaches to intervention in defense of another? Which test is preferable?
List the elements of self-defense. Explain the significance of reasonable belief, imminence, retreat, withdrawal, the castle doctrine, and defense of others.
Distinguish the affirmative offenses of justification and excuse.
Do you agree with the majority decision or with the dissenting opinion?
Summarize the argument of the dissenting judges.
Is Justice O'Connor correct that the Supreme Court majority unduly minimizes the serious threat posed by burglary? Should the Supreme Court be setting standards for police across the country based on the facts in a single case?
Summarize the facts that Officer Hymon considered in the "split second" that he decided to fire at the suspect. Was his decision reasonable? What of Justice O'Connor's conclusion that the Supreme Court decision will lead to a large number of cases in which lower courts are forced to "struggle to
The Model Penal Code section 3.06(5) provides that a "device" such as a spring gun may only be employed in the event that it is not "designed to cause or known to create a substantial risk of causing death or serious bodily injury." Do you agree? invites second-guessing of difficult police
Is the standard for the use of deadly force against intruders proposed by the court too complicated to be easily under stood? Should you have the right to use deadly force against Intruders in your house regardless of whether they pose a threat to commit a forcible and atrocious crime?
Should the area surrounding the home be considered part of a dwelling for purposes of the castle doctrine? What of a porch? In State v. Blue, 565 S.E.2d 133 (N.C. 2002), the North Carolina. Supreme Court observed that many of the same activities that take place in the home take place on a porch.
Are the requirements of the law of self-defense too confusing to be understood by most people?
Do you believe that individuals should be authorized to "hold their ground under all circumstances rather than retreat?
Why does the Massachusetts Supreme Judicial Court uphold the decision of the trial court judge not to issue an instruction on the necessity defense? individuals involved. Goetz was Caucasian, while the four young people were African American, Professor George Fletcher raises the issue whether the
What are the elements of necessity under Massachusetts law?
Justice O'Connor writes at one point in her dissent that the Supreme Court majority offers no guidance on the factors to be considered in determining whether a suspect poses a significant threat of death or serious bodily harm and does not specify the weapons, ranging from guns to knives to.
Did Officer Hymon's shooting of the suspect comply with the Tennessee statute? How does the Tennessee statute differ from the holding in Garner? Do you believe that the Supreme Court majority places too much emphasis on protecting the fleeing felon?
Does it make sense to hold Peterson criminally liable for killing a trespasser who was vandalizing Peterson's automobile and whom he had warned not to enter his yard? 1 Ceballos contends that the spring gun resulted only in the i employment of the same degree of force that he would have been
Why, if Peterson was standing in his own yard, could he not rely on the castle doctrine?
Explain why the court of appea's imposed an obligation on Peterson to retreat before employing deadly force. What type of acts would have fulfilled Peterson's duty to retreat?
Why does the court of appeals conclude that Peterson was an aggressor who was not entitled to a claim of self-defense?
Outline the facts in United States v. Peterson.
A number of commentators contend that any explanation of the verdict in the Goetz case must consider the race of the
What circumstances should the jury consider in determining the reasonableness of Goetz's actions? Should Goetz's past experiences be considered? The fact that the shooting occurred in the subway? The physical size, age, dress, and behavior of the young males? What about the fact that Ramseur and
Would problems arise in the event that the law of self- defense was based on a purely subjective test? Are there arguments in support of this approach? In most cases, would it matter whether a jury applied an objective or subjective test?
Goetz was acquitted of attempted murder and assault. He was found to have been justified in shooting the four young men in the subway car. Goetz was convicted of unlawful possession of a firearm and was sentenced to one year in prison. He was released after eight months in jail. The jury was
Marshall was considered to have engaged in imperfect self defense and was convicted of manslaughter. Explain the rea- soning behind the verdict.
What force was Marshall justified in using under the circumstances?
Was Marshall motivated by self-defense or by a desire to punish the deceased? Did Marshall have a reasonable basis for believing that the deceased planned to assault him? At what point would the defendant be justified in using his fire- arm? Should he wait until the trespasser was clearly ready to
Read an account of the death of Phoebe Prince written by journalist Emily Bazelon.
Explore the National Youth Gang survey of 2,500 law enforcement agencies and learn about gangs.
How does society benefit by punishing inchoate crimes? Would society suffer in the event that these offenses did not exist?
At what point is the crime of solicitation complete? Is a solicitation required to reach the individual to whom it is directed?
What are the mens rea and actus reus of solicitation?
Why did Congress adopt the RICO statute?
How does a charge of conspiracy assist a prosecutor in convicting a defendant?
Distinguish between the wheel and chain approaches to conspiracy. Explain why defendants may argue that there are multiple conspiracies rather than a single conspiracy.
Is there a difference between the bilateral and unilateral approaches to a conspiratorial agreement?
Why do some states require an overt act for a conspiracy?
Discuss the mens rea and actus reus of conspiracy.
What are the reasons for punishing conspiracy?
Why is there a defense of abandonment for attempts? What are the legal elements of this defense?
Discuss and distinguish between legal and factual impossibility.
How does the Model Penal Code substantial step test differ from the test of physical proximity to attempts? What types of acts satisfy the substantial step test?
Compare the subjective and objective approaches to criminal attempts.
Provide an example of each crime.
Distinguish the three categories of inchoate crimes.
What are the mens rea and actus reus of inchoate crimes?
Do we need a crime of solicitation?
Could Cotton be held liable for attempted solicitation?
Are you persuaded that Garcia and Humo did not enter into a conspiracy to assault Romero, Valenzuela, and Baumea with dangerous weapon? 3 As a legislator, would you favor the approach of the Model Penal Code or the State of New Mexico?
Do you agree that "a general practice of supporting one another in fights...does not constitute the type of illegal objective that can form the predicate for a conspiracy charge?"
How would you rule in Ross v. State?
Can you distinguish this rule from the holding of the ruling of the Wisconsin Supreme Court in Le Barron v. State, 145 N.W.2d 79 (Wis. 1966)? in Le Barron, the Wisconsin court ruled that the defendant did not voluntarily abandon an attempted rape when he failed to complete the rape after
Do you believe that it is appropriate for the police to use this type of investigative strategy?
Why was the prosecutor not content to charge Bolton with criminal trespass? the Internet and never made an effort to meet her? What is the significance of the fact that Glass drove away from the swim- ming pool? See Gladish v. United States, 536 F.3d 646 (7th Cir. 2008).
As a matter of public policy, do you believe that the criminal law should broadly define attempt and intervene as early as pos sible to prevent and to punish sexual offenses?
As a juror, would you vote to convict or to acquit Smallwood? there other facts that the prosecution failed to prove that might have led the court to convict the defendant of burglary?
What is the holding of the New Mexico court in Cotton? 2 Explain why the result likely would be different under the Model Penal Code. evidence might you present to persuade the court to affirm Smallwood's conviction?
Explain why the Court of Appeals decides that gang member- ship cannot serve as evidence that individuals have entered into a conspiracy.
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