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Contemporary Criminal Law Concepts Cases And Controversies 5th Edition Matthew Lippman - Solutions
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? As a state legislator drafting a statutory rape law, what would be important to include in the statute?
What are the three approaches to the defense of mistake of fact in the mens rea of rape?
How do states differ in their definition of the actus reus of rape?
Distinguish the standard of extrinsic force from the intrinsic force standard in the law of rape.
What elements distinguish a simple or second-degree rape from an 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?
Discuss the purpose of the various grades of murder and dividing homicide into murder and manslaughter. Why do we make all these technical distinctions between types of homicide?
Discuss the difference between negligent homicide and misdemeanor manslaughter. Why is misdemeanor manslaughter termed unlawful-act manslaughter in some states?
Should the law recognize the defense of voluntary manslaughter? Why not?
What acts constitute adequate provocation? What must the defendant prove to establish heat of passion? At what point does a defendant’s blood “cool”?
Define voluntary manslaughter.
Discuss the legal standards for holding a corporation liable for first-degree murder and for involuntary manslaughter. Is there a social benefit in holding corporations liable for homicide?
Why does the law provide for the offense of felony murder? What are the arguments for and against the felony-murder rule?
Define depraved heart murder.
What is the difference between first- and second-degree murder?
Differentiate first-degree murder from first-degree capital or aggravated homicide.
Discuss the historical origins and development of criminal homicide into murder and manslaughter. Can you distinguish between murder and manslaughter?
Write a brief essay summarizing the law of excuses and stress their common characteristics.
Discuss the arguments for and against the police reliance on entrapment.
Under what conditions should defendants younger than 18 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 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.
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 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?
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 individual to be considered an accessory after the fact? Is this considered as serious a criminal violation as that of 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 criminally responsible for the same crime and punished to the same extent 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?
Are we too concerned with criminal intent? Why not impose the same punishment on criminal acts regardless of an 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 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 do break the chain of causation.
Discuss the test for determining whether coincidental intervening acts and responsive intervening acts break the chain of causation.
Explain 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.
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 a crime requiring 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? Provides for different types of mens rea?
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?
Outline the debate over whether the possession of crack cocaine should be punished more severely than the possession of powder cocaine. Are mandatory minimum sentences a good approach to deterring and to punishing drug offenses?
What is the legal test for determining whether a law that is neutral on its face is in violation of the Equal Protection Clause?
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 execute juveniles?
Discuss the efforts of the Supreme Court to ensure that the death penalty is applied in a proportionate fashion.
How do courts determine whether a method of punishment is prohibited under the Eighth Amendment? Does lethal injection constitute cruel and unusual punishment?
Define plea bargaining. What are the benefits and costs of plea bargaining?Describe the recent approach of the U.S. Supreme Court to plea bargaining.
What types of protections are included within victims’ rights?
Describe truth in sentencing laws.
Why were sentencing guidelines introduced? How were the guidelines affected by recent Supreme Court decisions?
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