Criminal Law 12th Edition Thomas J. Gardner, Terry M. Anderson - Solutions

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2. What types of educational programs and training are available to paralegals? Must a person meet specific educational requirements to work as a paralegal?
1. What is a paralegal? Is there any difference between a paralegal and a legal assistant?
People who make false statements to law enforcement officers conducting an investigation can be guilty of obstruction of justice. The same is true for giving false statements to Congress during that body’s investigation of suspected criminal activity. Is a political candidate guilty of
States have their own “tampering with evidence”statutes, and they no doubt vary from state to state. Like all criminal laws, a tampering statute has an actus reus and a mens rea. Assume a person on probation is required to submit a urine sample on a regular basis as a condition of probation.On
Attorneys who fail to obey court orders can be charged with criminal contempt. Do you agree with the Kentucky Supreme Court’s affirmation of a criminal contempt conviction of the attorney in the case of Poindexter v.Commonwealth, 389 S.W.3d 112 (Ky. 2012)?What did the attorney do that was
What must a defendant do to constitute illegally“bringing” an alien into the United States? Is it enough to give the illegal alien fraudulent documents that are used to get through passport checks? What did the court in United States v. Garcia-Paulin say was required? (627 F.3d 127 (5th Cir.
State the limits on summary contempt convictions.
State the reason the U.S. Supreme Court declared invalid some provisions in the Arizona laws directed at illegal aliens.
Make the connection between a gift and an official act required for conviction under the bribery laws.
Distinguish civil contempt from criminal contempt.
List the various kinds of conduct made criminal under the immigration laws.
Is playing “texas Hold’em” gambling under federal Law? Surprisingly (perhaps), one federal district court judge held it was not in a 2012 case, United States v. Dicristina, 886 F. Supp.2d 164(E.D. N.Y. 2012). there, the defendant operated an establishment where poker, mainly texas Hold’em,
Most states have a sentence enhancement for committing a crime if the intent in doing so is “for the benefit of a criminal street gang.”assume a defendant, a known criminal street gang member, is convicted of sexual assault on a female victim. When would that crime be“for the benefit” of
Prosecutors like charging conspiracy crimes, in part because they can charge a defendant with both the underlying crime and the conspiracy (see Chapter 4), and if convicted, get tougher sentences. California makes it a crime to participate in a criminal street gang, which is defined to mean any
the Chicago “Outfit” is undoubtedly a“criminal enterprise” under the rICO laws.But the Outfit operates through “street crews,”run by a member of the Outfit, but under that person’s power and control. For some kinds of crimes, like murder, only the Outfit may authorize commission of
Describe the advantages statutes passed after 1970 gave to the prosecution.
Explain why federal and state prosecutions of organized crime figures before 1970 were generally unsuccessful.
Define proceeds under the money laundering statutes.
State the knowledge needed for a conviction under the federal money laundering statute, specifically the section on transportation of illegal proceeds.
List four federal statutes used to combat interstate crime.
List three ways money can be laundered.
Identify the jurisdictional requirements for a federal RICO charge.
List the requirements for a RICO conviction.
Many state “terroristic threat” statutes require a threat of “imminent” violence or harm against a person. a threat to do something in the future would not violate this kind of statute. assume a defendant called a 911 operator in San antonio, texas, and demanded an officer be sent to his
the United States is a party to a global chemical weapons treaty. to implement that treaty, Congress passed 18 U.S.C. § 229, which makes it a crime to use “for non-peaceful purposes” any chemical that can cause death or permanent harm to humans. Does a wife who tries to kill her husband’s
threats to bomb a school or public building are damaging, even if a threat is a hoax. as a result, most states make it a crime to make a bomb threat against a public place or building, even if the person making the threat does not intend to carry out the threat. the mens rea requirement under these
a member of a New York Mexican-american street gang murdered a suspected member of a rival gang. It was his stated purpose to intimidate other Mexican-american gang members and make them afraid to enter the gang’s “territory.”after 911, New York passed a terrorism law directed at, among other
Identify when a seizure is an extraordinary rendition.
List ways money is sent into and out of the United States by terrorist supporters.
List ways terrorists obtain financial support for their terrorist actions.
Explain the concept of the rules of war.
Define a terrorist threat under state criminal laws.
List the elements of the crime of terrorism under most state laws.
Explain one method by which a group can be identified as a terrorist group.
Explain why federal criminal statutes must define terrorism.
Attempt to write a working definition of terrorism.
As we saw in the text, simple possession of a firearm during commission of a drug trafficking crime results in an enhanced penalty, in addition to the penalty for the drug trafficking crime, of 5 years in prison under the applicable federal statute. The enhanced penalty is 10 years if the firearm
New York courts have developed the “agency defense” for defendants who act solely as intermediaries for buyers of controlled substances. Under that defense, the intermediary who directs a prospective buyer of illegal drugs to a seller is not guilty of the sale or possession of the drugs sold to
Sleeping while intoxicated behind the wheel of a car, with the motor running, is usually enough for a conviction under a DUI statute. Why wasn’t it enough in Village of Cross Plains v. Haanstad, 709 N.W.2d 447 (Wis. 2006)?
21 U.S.C.A. § 841(c)(2) makes it a crime to possess chemicals while “knowing or having reasonable cause to believe” the chemicals would be used to produce a controlled substance. Pseudoephedrine, found in over-the-counter cold medicines, is the main ingredient of methamphetamine. retailers are
Identify what must be shown to prove a person was operating a motor vehicle
Learn the statistics for alcohol-related motor vehicle deaths.
Learn the statistics for alcohol-related deaths among college students.
Identify the elements that must be proved for a conviction under a state drug-induced death statute.
Explain the rationale of the Supreme Court’s holding in Gonzales v. Raich.
State the current status of state medical-useof-marijuana statutes.
Identify the elements of the crime of possession of an illegal drug with intent to deliver.
List the ways a person can violate the Uniform Controlled Substances Act.
Federal sentencing rules provide for enhanced sentences for defendants who use a “computer”to entice a minor into engaging in sexual acts.the meaning of “computer” for sentencing purposes is taken from the Computer Fraud and abuse act, discussed in this chapter. If a defendant uses his cell
exactly who qualifies as an agent for purposes of the act? Must a person in some fashion be responsible for the funds granted to the state entity? Consider two cases: (1) State judges accept bribes from lawyers arguing cases before the judges. the judges are officers of the courts, and the state
as we saw in the text, “agents” of state entities that receive federal funds who commit fraud or bribery violate the federal program fraud statute, 18 U.S.C.a. §
the federal mail and wire fraud statutes both require proof that a defendant entered into a scheme to defraud another of money or property based on fraudulent misrepresentations. In United States v. Wynn, 684 F.3d 473 (4th Cir. 2012), an engineer doctored construction plans to make it appear a
In the Nosal case discussed in this chapter, a federal court of appeals held that “unauthorized access” under the CFaa did not include unauthorized use. It therefore reversed the convictions of Nosal on some of the counts against him, and remanded the case to the district court. the district
State the elements of identity theft crimes.
Define insider trading.
Identify one element making wire fraud different from bank fraud, and state why the element exists.
Name two federal criminal statutes frequently used to convict white-collar criminals.
List the laws protecting intellectual property.
Explain how bribery and extortion are similar under the federal bribery and extortion statutes.
Describe the elements of a “scheme or artifice” under federal criminal statutes.
Explain why fraud convictions require action done knowingly.
Define white-collar crime.
In United States v. Sekhar, 683 F.3d 436 (2nd Cir. 2012), a defendant was convicted under the hobbs Act when he e-mailed the New York Comptroller’s office’s general counsel and threatened to disclose that person’s extramarital affair if the counsel didn’t recommend that the Comptroller
The hobbs Act applies not only to extortion of property based on threats or fear, but also“under color of official right.” In United States v. Thompson, 647 F.3d 180 (5th Cir. 2011) a state officer used his influence to coerce a contractor to do work on the state officer’s private residence,
We discuss the State v. Jackson case in the text, where an Ohio appeals court said the fact that the owner of a mobile home was not regularly living in the home meant a burglary charge could not be proved. What if an owner, who regularly comes home each night from work, decides to stay at a
The bank robber’s note “Give me the money”usually satisfies the requirement under the federal bank robbery statute that the robbery be done by “force and violence, or by intimidation,”because the situation instills fear in a reasonable person that force or violence might accompany a
Distinguish criminal trespass from defiant trespass.
Describe ways current state criminal codes modified the common law burglary offense.
List the elements of the general burglary offense.
Distinguish robbery from extortion.
State when purse snatching or pickpocketing can become robbery.
List the requirements for home invasion robbery.
State when robbery becomes armed or aggravated robbery.
Describe what facts separate robbery from common theft.
Degrees of theft often depend on the value of the stolen items. the higher the value, the greater the offense and punishment. how is value to be determined? It is the state’s burden to prove value, and a failure to do so will normally result in a not guilty verdict. If the owner of the stolen
In Boyd v. Commonwealth, 357 S.W.3d 216(Ky. app. 2011) the defendant was convicted of possession of counterfeit currency under Kentucky law. (the federal crime of counterfeiting is discussed in Chapter 15.) the elements of that crime include proof that the bills possessed were counterfeit, and that
a foreign exchange student lost a billfold in the gym at school. It had $200 in Japanese yen inside. the school made an announcement over the school intercom informing students about the lost wallet. One boy,a, found the wallet, and gave it to another boy, B, who arranged with an adult to take the
Simple theft (called “larceny” in many state codes) requires proof of the defendant’s intent to steal. Most states have degrees of theft, often tied to the value of the goods taken, or the intent of the defendant to sell the stolen goods.What intent must the state prove in a statute that
Describe how a check-kiting scheme works.
Distinguish between forgery and uttering a forged instrument.
Explain the ways credit card theft can be proved.
Advise a hypothetical merchant on how best to proceed when a suspected shoplifter is identified.
Identify ways the taking requirement can be met in shoplifting.
Define “property of another” as it applies to theft of jointly owned property.
List four ways the taking element can be proved.
State the “money” rule and why it is an exception to general property rules.
List the property concepts that underlie property theft crimes.
the Internet has magnified the child pornography problem in many ways, as stated in this chapter. Consider this problem: If someone were to show you a child pornographic photograph and you looked at it (don’t do that!), you would not have committed a crime. Child pornography statutes are aimed at
Virtually every rape shield law permits a defendant to introduce evidence of “specific instances of sexual activity to show the origin of semen” found on the victim or her clothes.When is this section applicable? In State v.Patterson, 291 P.3d 556 (Mont. 2012) the victim had semen stains on the
Many state appellate courts have created exceptions to the state’s rape shield law based on constitutional rights claims. these permit the admission of evidence of the victim’s past sexual conduct in addition to the usual exceptions set out in the rape shield statute. In Massachusetts, such an
It is not a categorical defense to a charge of rape that the victim was the defendant’s spouse, nor that the parties were still living in the same residence.Forcible rape of a spouse is still rape. However, the question of consent can be more difficult, since the willingness of the victim to
State the current status of federal acts such as the Child Online Protection Act.
Explain the reasons child pornography laws have been found unconstitutional.
State the conditions that must be shown for civil commitment of a sexual predator.
State the mens rea requirement for a conviction for statutory rape.
List two exceptions to the rape shield law’s prohibitions.
Learn the areas of questioning of a sexual assault victim that are prohibited by the rape shield law.
Identify the degrees of sexual assault, and the conduct that distinguishes them.
In many states offensive touching sexual assaults are punished more severely if multiple sexual assaults are committed against the same underage victim. In Schweiner v. State, 2012 WL 3126810 (7th Cir. 2012), cert. denied 133 S. Ct.796 (2012) a defendant was convicted under the Wisconsin
aggravated assault, or aggravated battery in many states, is a more serious crime than“simple” assault. It is charged based on factors such as the existence of serious injury, permanent disability, or use of a deadly weapon.Prosecutors must be careful to make sure the crime charged in the

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Criminal Law 12th Edition Thomas J. Gardner, Terry M. Anderson - Solutions

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