Criminal Procedure 3rd Edition Matthew R Lippman - Solutions

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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.
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.
What are the elements of the duress defense?
Describe the common law defense of infancy. How has this been modified under contemporary statutes?
Distinguish between the defenses of voluntary and involuntary intoxication.
Why did some states permit juries to return a verdict of GBMI?
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?
Define and distinguish between the four major approaches to legal insanity.
Distinguish between the affirmative defenses of justification and excuse.
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?
Write a brief essay summarizing the law of parties.
Is it constitutional to hold parents strictly and vicariously liable for the criminal acts of their children? In your view, are there any situations in which parents should or should not be held vicariously liable?
What constitutional considerations are involved in holding the owner of an automobile vicariously liable for the traffic tickets issued to the car?
Distinguish accomplice liability from vicarious liability.
What are the requirements for an individual to be considered an accessory after the fact? Is this considered as serious a criminal violation as being an accomplice?
Discuss the mens rea of accomplice liability. Distinguish this from the minority position that“knowledge” is sufficient. How would these two approaches result in a different outcome in a case? Which approach do you favor?
What actus reus is required for an accomplice? Provide some illustrations of acts satisfying the actus reus requirement. What is the mere presence rule? Is there an exception to the mere presence rule?
Illustrate the definition of common law accomplices and accessories using the example of a bank robbery. Should accomplices be held liable for the same crime as the primary perpetrator of the crime?
What were the four categories of common law parties? How does this differ from the modern categorization of parties?
Define cause in fact, proximate cause, intervening cause, coincidental intervening cause, and responsive intervening cause. Provide an example of a factual situation involving an intervening cause and an example of a case involving a responsive intervening cause.
Why is the criminal law concerned with causality?
Discuss the significance of concurrence.
What are the characteristics of a strict liability offense?
Define the criminal intents of purposely, knowingly, recklessly, and negligently. Provide an example of each of these types of criminal intent.
Distinguish between specific intent and general intent and constructive intent.
List the various types of possession. What factors are important for establishing constructive possession?
Define the American bystander rule. When is an individual criminally liable for an omission?
What is a status offense? Why are status offenses not criminally punished?
Give some examples of behavior that is considered to be an involuntary act. Why are involuntary acts not criminally punished?
Why are criminal thoughts not penalized by the criminal law?
What are the elements of a crime?
As a final exercise, consider life in a country that does not provide safeguards for civil liberties. How would your life be changed?
Write a short essay on the constitutional restrictions on the drafting and enforcement of criminal statutes.
Summarize the requirements of the Eighth Amendment regarding methods of punishment, the amount of punishment, and punishment and status offenses.
Discuss the significance of recent cases interpreting the Second Amendment.
What is the relationship between the right to privacy and the Fourth Amendment prohibition against unreasonable searches and seizures?
Where is the right to privacy found in the U.S. Constitution? What activities are protected within this right?
Discuss the constitutionality of laws that interfere with the free exercise of religion.
What are the differences among the “rational basis,” “intermediate scrutiny,” and “strict scrutiny” tests under the Equal Protection Clause?
Why does the U.S. Constitution protect freedom of expression? Is this freedom subject to any limitations?
Explain the standards for laws under the Due Process Clause.
Define and compare bills of attainder and ex post facto laws. List the various types of ex post facto laws. What is the reason that the U.S.Constitution prohibits retroactive legislation?
Define the rule of legality. What is the reason for this rule?
Explain the philosophy underlying the United States’ constitutional democracy. What are the reasons for limiting the powers of state and federal government to enact criminal legislation? Are there costs as well as benefits in restricting governmental powers?
What is the role of precedent in judicial decision making?
Describe the organization of the federal and state judicial systems.
Outline the steps in the criminal justice system.
What are the primary sources of criminal law? How does the U.S. Constitution limit the criminal law?
What is the legal basis for federal criminal law? Define the preemption doctrine and dual sovereignty. What is the significance of the Interstate Commerce Clause?
Why is the Model Penal Code significant?
Discuss the nature and importance of the state police power.
Discuss the development of the common law. What do we mean by common law states and code jurisdiction states?
What is the difference between mala in se and mala prohibita crimes?
Distinguish between felonies, misdemeanors, capital felonies, gross and petty misdemeanors, and violations.
List the basic principles that comprise the general part of the criminal law.
Is there a difference between criminal law and criminal procedure? Distinguish between the specific and general parts of the criminal law.
What is the purpose of criminal law?
Distinguish between criminal and civil law. Distinguish between a criminal act and a tort.
Define crime.
Outline recent developments regarding the criminal prosecution of detainees at Guantánamo and habeas corpus petitions filed by detainees at Guantánamo.
Summarize the holding in the major Supreme Court cases addressing the treatment of detainees at Guantánamo. Should the Supreme Court interfere with the president’s authority as commander in chief to direct the war on terror?
What protections are provided to individuals in prosecutions before military commissions? Should terrorist suspects be prosecuted before criminal courts or before military tribunals?
Outline the basic features of combatant status review tribunals and military commissions.
Discuss the debate over the enhanced interrogation of detainees.
Do you agree that the government should monitor lawyer–client communications in terrorism cases without a warrant?
Why did Congress provide for material witness warrants?
Discuss national security letters and the process for obtaining “tangible items” under the PATRIOT Act.
What is a sneak-and-peek search? Why are these searches helpful in counterterrorism investigations?
Discuss the purpose and operation of the Foreign Intelligence Surveillance Act. What is the legal standard for use of pen registers and trap-and-trace devices? Discuss the legal standard for e-mail and voice mail. How did “the wall” interfere with the ability of the government to combat
Describe the importance of the writ of habeas corpus for the protection of rights and liberties. What are the requirements for filing a petition for a writ of habeas corpus? Outline the judicial debate over the role of habeas corpus.
Why are defendants provided with criminal appeals? Define and discuss the final judgment rule and interlocutory appeals. What is the importance of the plain error exception, the harmless error exception, and the automatic reversal rule?
Discuss the role of the Equal Protection Clause in criminal sentencing.
What is the role of the Eighth Amendment in appellate court review of sentences for a term of years?
Outline the sentencing phase in capital punishment cases.
Discuss the prohibition on cruel and unusual punishment and the U.S. Supreme Court ruling in Baze v. Rees.
Outline the arguments for and against mandatory minimum sentences. Are mandatory minimum sentences constitutional?
Describe sentencing guidelines. How do recent U.S. Supreme Court decisions modify the role of state and federal sentencing guidelines in judicial sentencing practices?
Summarize the types of criminal sentences and the process of judicial sentencing.
What punishments are available to a judge?
Discuss the goals of criminal punishment. In your view, which is most important, and which is least important?
What is the definition of criminal punishment? Why is it significant whether a penalty constitutes criminal punishment or a civil punishment?
Describe the general historical trend in sentencing in the United States.

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Criminal Procedure 3rd Edition Matthew R Lippman - Solutions

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