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Criminal Law 12th Edition Thomas J. Gardner, Terry M. Anderson - Solutions
Many crimes, such as armed robbery of a store or bank, involve the robbers ordering persons in the building to move to a different location.When is the movement sufficient to constitute kidnapping, so that the defendants can be convicted and sentenced for both robbery and kidnapping? See United
Parents can be convicted of kidnapping.However, parents are obviously in a different position than strangers who abduct a child.What must the prosecution show to convict a parent of kidnapping? See Davila v. State, 75 So.3d 192 (Fla. 2011).
State how the crime of hostage taking differs from kidnapping.
Identify the “movement” requirement for a kidnapping conviction.
List some of the defenses available to a charge of assault or battery.
List the various laws designed to protect children from assaults and other similar crimes.
Describe circumstances that warrant a charge of aggravated assault or battery.
Know what kind of nonconsensual touching constitutes an assault or a battery.
Identify the different elements that must be proved for conviction of an assault or a battery.
Several members of the Vatos Locos gang were sitting in or standing near a car parked in South Minneapolis, part of the “territory” of the Surenos 13 gang. the defendant Cruz, a member of the Surenos 13 gang, arrived as a passenger in another car, and upon exiting asked “Que barrio?”
Can a mother who elects to deliver her baby at home, with no outside help, ever be convicted of involuntary manslaughter? If so, what must the prosecution prove? See Commonwealth v. Pugh, 969 N.e.2d 672 (Mass. 2012).
In states that include “intent to cause serious bodily injury” homicides in the definition of murder, there must be some definition of what constitutes “serious” injury, and what the defendant who causes such injury intended.New Jersey is such a state. What did the court say must be proved
Prosecutions for homicides that arise out of“passive” misconduct have their own special problems. “Passive” misconduct involves failure to take action when such action is needed and required to avoid some harmful result. Parental inaction that results in the death of a child is a frequent
Explain why the U.S. Supreme Court upheld the Oregon Death with Dignity Law.
List circumstances that could be sufficient to reduce a charge of murder to manslaughter.
State the difference between voluntary and involuntary manslaughter.
Identify which deaths that occur during the commission of a felony qualify as felony murder.
List the homicides that do not require proof of intent to kill.
Explain the doctrine of transferred intent.
State the elements of the “born alive”requirement.
State the current status of the year-and-a-day rule and why its acceptance has waned.
Know the meaning of corpus delicti and its role in criminal prosecutions.
It is not a crime simply to urge others to evade taxes, and if a statute were to make it so the First Amendment would prohibit it. What if the defendant publishes a book and holds seminars where specific methods of tax evasion are taught? Is that enough to support a conviction for fraud? See United
The First Amendment prohibits the government from banning speech, including recorded speech such as tape recordings. Does the First Amendment apply to government attempts to prohibit the act of recording a conversation?Illinois (and many other states) makes it a criminal violation to make audible
In Heller the Supreme Court stated that its decision did not change long-standing prohibitions on possession of “dangerous and unusual weapons.” The Court was referring to an earlier decision upholding a law that outlawed sawed-off shotguns. Does the Cook County, Illinois (Chicago) ban on
The Stolen Valor Act case, Alvarez, held that making a lie a crime simply because it was a lie violated the First Amendment. Is the same true for a statute that makes it a crime to impersonate a police officer by telling another person one is a county sheriff? What if the person to whom the lie is
State the basis for the Supreme Court’s decision that the Second Amendment is binding on the states.
Identify when an assembly becomes unlawful.
Describe some ways one person might stalk another person in violation of a criminal law.
State when a threat becomes a “true threat.”
Define obscenity.
List the circumstances that permit government to regulate speech based on content.
Define a “clear and present danger.”
Identify the difference between fighting words and merely rude language.
Read and remember the First Amendment.
Under the federal armed Career Criminal act, a person convicted of a firearm offense, such as possession of a firearm by a convicted felon, can have the sentence enhanced to 15 years in prison if he has three prior convictions for violent felonies. Should attempting to escape by driving away from
When joint owners of a residence face forfeiture because the residence was used in criminal activities, the federal Civil asset Forfeiture reform act permits the “innocent” joint owners to avoid forfeiture of their joint interest. What if neither is completely innocent, but one is more culpable
assume a defendant was convicted in 2000 for robbing a bank. after his release in 2003 he robs a bank in July and again in September of 2003. he is arrested and charged with the July 2003 robbery. he is convicted, and sentenced to 5 years in prison. Upon his release he is indicted for the September
a finding of “gross disproportionality” in a term-of-years sentence is, as the U.S. Supreme Court said, “exceedingly rare.” What was it about the circumstances in State v. Bruce, 796 N.W.2d 397 (S. D. 2011) that convinced the court the “grossly disproportionate” standard had been met?
Define “three strikes” laws and list the common characteristics of such laws.
Describe the kinds of evidence that must be produced if the prosecution seeks imposition of the death penalty after a jury has found the defendant guilty of the crime charged.
State the present rule on the imposition of life without parole sentences for juveniles.
Identify at least three groups of persons who cannot be given the death penalty.
Explain why the death penalty was declared unconstitutional in Furman v. Georgia.
Identify the procedures a school official must follow before imposing corporal punishment on a student.
State the present status of the Federal Sentencing Guidelines.
Explain the relationship between the Sixth Amendment and sentencing provisions that permit a judge to determine when an enhanced sentence should be given a criminal defendant.
Know the text of the Cruel and Unusual Punishment Clause.
Defendant and another person extorted money from a former married lover of the defendant by threatening to disclose the previous sexual relationship to the victim’s wife. At her trial, defendant asked for an instruction on the defense of duress, claiming the other person threatened to kill her if
Many of the defenses discussed in this chapter are created by legislatures, although some are the result of court decisions. When a defendant is convicted of a crime, but the conviction is reversed, the ex Post Facto clause prohibits the legislature from abrogating a defense that was available when
Montana permits sale and use of marijuana for medical purposes. Authorized sellers may only sell certain amounts to patients with state-issued medical cards. An undercover officer applies for a medical card under a false name, visits a physician under an alias to verify his medical condition, and
Assume a defendant is convicted in federal court of murder for hire. Subsequently, California prosecutors charge him with capital murder, including committing a murder by“lying in wait,” a capital offense in California.The murders committed are the same in both prosecutions. Does the Double
List the factors that determine when a speedy trial violation has occurred.
Identify the tests that determine when government inducements become entrapment.
Define “acquittal” for purposes of the Double Jeopardy Clause.
Distinguish between a prosecution for the same offense and one for a separate offense.
State why the Double Jeopardy Clause prohibits successive prosecutions for the same crime.
Distinguish between the defenses of duress and necessity.
Determine when, if ever, a mistake of fact or law may provide a defense.
Identify the kinds of immunity to criminal prosecution available, and their limits.
What is the status of a “security officer” working at a bar, in terms of use of deadly force? In Lee v.State, 996 A.2d 425 (Md. App. 2010) an armed security officer at a bar shot and killed a bar patron who was arguing with other patrons.Under what circumstances, if any, was the security
Police officers surrounded an armed man in a building, who was holding an 18-month-old child as hostage. After the man threatened to kill the child, police charged the building, firing fifty-five shots at the man, and killing the hostage child. Was this the use of excessive force? See Lopez v. City
Does the “castle” doctrine apply to an area outside the home (called the “curtilage”)? See People v. Riddle, 649 N.W.2d 30 (Mich. 2002), where a homeowner claimed the “castle”doctrine permitted him to use deadly force against another person in his driveway, without first seeking a safe
Was the use of force justified in the following two true situations?a A 19-year-old woman was raped by two men. She subsequently invited them for a return date, at which time she killed one with a shotgun, while the other man fled.What facts do you think would be material to the outcome of this
List the people who may use force in the discipline of children.
Identify the circumstances that would justify the use of deadly force by a police officer.
Explain why the Fourth Amendment applies to use of force by a police officer.
List the circumstances that justify a police officer using non-deadly force in making an arrest.
Determine how “stand your ground” laws affect the general rules for using force and the effect such laws have on the “castle”doctrine.
Describe the “castle” doctrine and explain what it says.
Identify the three key points for determining when force is justified.
Diminished capacity usually results in the defendant being convicted of a lesser offense than the crime charged, because the defendant lacked the capacity to have the specific intent needed for a conviction of the more serious charge. Is the defense available in cases where the statute is a
Courts overwhelmingly hold that amnesia of criminal acts brought on by drugs or alcohol does not render a defendant mentally incompetent to stand trial. Why is that? When could amnesia result in a determination of incompetence?See Gonzales v. State, 313 S.W.3d 840 (tex. App.2010), cert. denied 131
Section 4.01 of the Model Penal Code, the“substantial capacity” test, states in subsection 2 that mental disease or defect does not include“an abnormality manifested only by repeated criminal or antisocial conduct.” this language was clearly adopted to exclude the psychopath, that is, a
the insanity defense and the defense of diminished capacity generally involve the defendant claiming that while he did the criminal acts, his mental condition prevents him from being held responsible (or his responsibility should be diminished) for those acts. Does the defendant have to admit to
Explain why a defendant of questionable competency should not be tried for a criminal violation.
List factors that may present issues of a criminal defendant’s competency to be tried on criminal charges.
Distinguish the “not guilty by reason of insanity” verdict from the “guilty but mentally ill” verdict.
Identify the extent, if any, to which the voluntary use of drugs or alcohol may be used as an insanity defense or diminished capacity defense.
Describe the difference between the M’Naghten rule and the “substantial capacity”test.
List the two prongs of the M’Naghten rule.
Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.
Learn when a child can be held responsible for violation of a criminal law.
assume two people enter into a conspiracy to distribute drugs. One person,a, is a convicted felon. the other, B, is not. During the conspiracy, but unknown to B, a obtains possession of a gun, a violation of a firearms statute prohibiting a convicted felon from owning or possessing a firearm. Can B
the federal statute 18 U.S.C.a. § 2422(b) makes it a crime for an adult to entice or attempt to entice a minor into engaging in sexual activity“for which any person can be charged with a criminal offense.” the circuit courts of appeal are split on whether under this statute a defendant must
the defendant was charged with being an accomplice (called a “second-degree principal”in Virginia) to robbery, robbery with a firearm, and robbery to benefit a criminal street gang.Defendant drove the van while others robbed a convenience store. What must the state prove to convict the
Can the victim of a sexual assault be an accomplice? Why not? See People v. Gourley, 2009 WL 529216 (Md. app. 2009). Why was defendant arguing that the victim, Berry, was an accomplice?
List the parties who can be treated as principals for purposes of criminal liability.
State the rule for liability of one conspirator for actions of another.
Identify the circumstances when abandonment of the criminal purpose can have an effect on liability for an attempt, or liability for criminal acts done in a conspiracy.
Explain when, if ever, impossibility of committing the completed crime is a defense to a charge of attempt.
Identify the steps that must be taken before one can be guilty of a conspiracy.
Explain the function of and need for corroborating evidence in solicitation prosecutions.
Identify when conduct has crossed the line between thinking about committing a crime and attempting to commit a crime.
A homeless person is charged with murder in the killing of another homeless man. the defendant admits hitting the victim with a blunt object, but plans to offer evidence he was drunk when the acts occurred. Is that evidence relevant in the case? Consider the mens rea for first-degree murder and
It is generally true that it is not a defense to a crime that the defendant was intoxicated, at least if the intoxication was voluntary. however, under some circumstances even voluntary intoxication might be relevant in a criminal prosecution.remembering that the prosecution must prove the actus
the defendant was charged with “sex trafficking of a minor” in violation of 18 U.S.C.A. § 1591.What, if any, is the mental element required under that statute? Is it a strict liability statute on the age of the victim, as is sometimes the case in crimes involving child victims? If not, how is
the defendant was charged with violation of 18 U.S.C.A.§§ 2421 and 2422, transporting a person under the age of 18 across state lines for the purpose of engaging in prostitution. What must the prosecution prove under these statutes as elements of the offense? Must the prosecution prove the
Explain why a conclusive presumption is prohibited.
Identify the relationship between use of presumptions in the prosecution’s case and the Due Process Clause.
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