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Contemporary Criminal Law Concepts Cases And Controversies 1st Edition Matthew Lippman - Solutions
Discuss the historical origins and development of criminal homicide into murder and manslaughter.Can you distinguish between murder and manslaughter?
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 seconddegree 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?
Write a brief essay summarizing the law of excuses and stress their common characteristics.
Under what conditions should defendants under 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 relationship 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?
Describe the common law defense of infancy. How has this been modified under contemporary statutes?
Distinguish between the defenses of voluntary and involuntary intoxication.
Discuss the purpose of the diminished responsibility 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 legal approaches to legal insanity.
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.
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 physical proximity test 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?
How does the language of a statute determine whether a corporation may be held vicariously liable? What are the two primary tests for determining corporate liability? Discuss some of the arguments for and against the vicarious liability of corporations.
Distinguish accomplice liability, strict liability, and vicarious liability.
What are the requirements for an accessory after the fact? Is this considered equally as serious a criminal violation as 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?
The Kansas Supreme Court considered whether a defendant is responsible for a death caused by a police officer during a high-speed chase in State v.Anderson. In another interesting case, State v. Pelham in 2003, a New Jersey court considered whether a defendant was guilty of vehicular homicide when
The U.S. Supreme Court, in Staples v. United States in 1994, decided whether the prosecution must establish that a defendant knowingly possessed an unregistered machine gun or whether this is a strict liability offense. Explain the decision and reasoning of the Supreme Court.
Are we too concerned with criminal intent? Why not impose the same punishment on criminal acts. regardless of the individual's intent? Is the father or mother of a child hit by a car concerned whether the driver was acting intentionally, knowingly, recklessly, or negligently?
What is the approach of the Model Penal Code toward causality? Use some of the cases in the text to illustrate your answer.
What are the arguments for and against strict liability offenses?
What is the year-and-a-day rule? Why are states now abandoning this principle?
Provide concrete examples illustrating a coincidental intervening act and a responsive intervening act that do not "break the chain of causation." Now provide examples of coincidental and intervening acts that "break the chain of causation."
Discuss the test for determining whether coincidental intervening acts and responsive intervening acts break the chain of causation.
What is the difference between a coincidental intervening act and a responsive intervening act? Provide examples.
What is meant by the statement that legal or proximate cause is based on a judgment of what is just or fair under the circumstances? How does this differ from the determination of a cause in fact or a "but for" analysis?
Explain the statement that an individual's criminal act must be shown to be both the cause in fact and the legal or proximate cause.
Disputes over causation typically arise in prosecutions for what types of crimes?
What is the importance of the principle of concurrence? Provide an example of a lack of concurrence.
Explain the "willful blindness" rule.
What is the difference between a crime requiring a criminal intent and strict liability?
Distinguish recklessness from negligence. Which is punished more severely? Why?
Explain the difference between purpose and knowledge. Which is punished more severely? Why?
Why is it difficult to prove mens rea beyond a reasonable doubt? Discuss some different ways of proving mens rea.
What is the reason that the law requires a mens rea?
Learn more about the Kitty Genovese case. Could a similar incident happen today?
Read more about the defense of automatism or involuntary actions.
In Stanley v. Georgia, in 1969, the U.S. Supreme Court overturned Stanley's conviction for the possession of obscene films and suggested that Stanley had been convicted based on the government's desire to control the "moral content" of Stanley's thoughts. Do you agree that Stanley was convicted
Discuss the difference between actual and constructive possession and between sole and joint possession. What facts are important in establishing possession?
Is there a difference between the American and European rules on omissions? What are the reasons behind the American rule? When does a duty arise to intervene to assist an individual in peril?
Why do "status offenses" constitute cruel and unusual punishment?
What is the reason for requiring a voluntary act? Provide some examples of acts that are considered involuntary. May a defendant be criminally condemned for reckless driving despite the fact that an accident results from a stroke?
Why are individuals not punished for their "thoughts"?
The Justice Policy Institute has a report on the“Three Strikes” laws that you can find on the Web site of this nonprofit research organization.
You can find reports on race and gender in sentencing on the Web site of The Sentencing Project.
The Death Penalty Information Center provides information on capital punishment. You will also want to read about the death penalty around the world.
What is the legal test for determining whether a law that is neutral on its face is in violation of equal protection?
Why is it a violation of equal protection for race, gender, religion, ethnicity, or nationality to play a role in sentencing?
What is the approach of courts that are asked to decide whether a sentence for a "term of years" is proportionate to the crime? Why do judges take such a "hands off approach" in this area?
Why did the Supreme Court rule that it is cruel and unusual punishment to executive juveniles?
Discuss the efforts of the Supreme Court to insure that the death penalty is applied in a proportionate fashion.
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