Criminal Law And Procedure 6th Edition Daniel E. Hall - Solutions

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Sherri, who was near bankruptcy, decided to burn her house down and make an insurance claim for the loss. Sherri started the fire, which spread to a neighbor’s house located 20 feet from Sherri’s home.Unknown to Sherri, her neighbor was storing massive quantities of dynamite in the home. The
William, an experienced canoeist, was hired by a Boy Scout troop to supervise a canoe trip. While on the trip, two boys fell out of their canoe and began to drown. William watched as the boys drowned. Is William criminally liable for the deaths?
Fred failed to show up for a date he had made with Penni. Penni, who was angered by Fred’s actions, decided to vent her anger by cutting the tires of Fred’s automobile. However, Penni did not know what make of automobile Fred drove and mistakenly cut the tires of a car owned by Fred’s
On June 21, Spike Vincelli became involved in a fight with Ben Ichabod. Ben, in a fit of rage, picked Spike up and threw him over the fence surrounding the facility.While outside the fence Spike became overcome with a sense of freedom and ran from the facility.
In early April, Spike Vincelli decided that he was going to escape. He developed a plan that called for him to leave in July and meet his brother, who was passing through the area. As part of the plan, Ben Ichabod, a fellow inmate, was enlisted to pick Spike up off the ground and throw him over the
On June 21, Spike Vincelli became involved in a fight with Ben Ichabod. In a fit of rage, Ben picked Spike up and threw him over the fence surrounding the farm.Spike was caught outside the fence by a guard before he had an opportunity to return.
On June 21, Spike Vincelli decided that he was bored with living on the farm. That night he walked off the premises and fled for a friend’s house 300 miles away, intending never to return.
On June 21, Spike Vincelli had his first epileptic seizure. The seizure caused Spike to fall outside the boundary line surrounding the facility.
On June 21, Spike Vincelli received a telephone call from a hospital informing him that his mother had been involved in a serious accident. That evening Spike left to see his mother, intending to return in the morning.
Distinguish mens rea from motive.
Can corporations and other associations be guilty of crimes?
What is a rebuttable presumption? An irrebuttable presumption?
The Model Penal Code recognizes four types of mens rea. Name and briefly describe each.
What is an omission?
What is concurrence?
Can a person be prosecuted for failing to save a stranger from danger? Why or why not?
In criminal law, causation is broken down into two forms. Name and briefly describe each.
Place the following sources of law in order of authority, beginning with the highest form of law and ending with the lowest. Notice that both state and federal sources of law are included: United States Code, state constitutions, federal administrative regulations, ordinances, United States
What is a court rule?
What is a regulation?
What is an ordinance?
What is the source of most criminal law today? Where does that law come from?
State three uses the common law has in criminal law in those jurisdictions that do not permit common-law creation of crimes.
Explain how the common law can violate the principle of legality.
What does the Latin phrase “nullum crimen sine lege”translate to? Explain the significance of that phrase.
The common law is different in every state. Why?
What is the common law? How do the concepts of stare decisis and precedent relate to the common law?
What are civil liberties? Give two examples of civil liberties that are protected by the Constitution of the United States.
Define culpability.
Should punitive damages be permitted in civil law?Explain your position.
What are compensatory damages? Punitive damages?
Who may file a civil suit? A criminal suit? How are these different?
What are the goals of criminal law? Civil law?
Define jurisdiction, and differentiate between a court of general jurisdiction and a court of limited jurisdiction.
Define the phrase “court of record.”
What is the primary duty of the executive branch of government in criminal law?
What is the purpose of immigration law? Give some examples of violations of immigration law that are punished criminally.
When may an individual be charged with legisla- tive contempt?
Discuss the factors a court considers in sentencing an individual for criminal contempt.
What is the difference between direct and indirect criminal contempt?
Distinguish criminal from civil contempt.
Discuss the crime of escape. What must an inmate charged with escape demonstrate in order to rely on the duress defense?
Define the elements of the criminal offense of compounding a crime.
What is required of citizens under statutes that impose a duty to assist law enforcement? of resisting arrest.
What types of acts are involved in the crime of obstruction of justice?
List the elements of the crime of perjury and of the crime of subornation of perjury.
How does bribery differ from extortion?
What is the purpose of the Foreign Corrupt Practices Act?
Discuss commercial bribery and sports bribery.
What are the elements of the crime of bribery of a public official and of the crime of a public offi- cial's soliciting of a bribe?
Discuss the types of acts that constitute the crime constitute official misconduct?
Define official misconduct. What types of acts
What is the role of the Office of National Drug Control Policy and the Drug Enforcement. Administration in the "War on Drugs"?
How do drug courts differ from regular criminal courts?
What is the purpose of assets forfeiture? Distinguish between criminal and civil assets forfeiture.
Outline the law on drug paraphernalia. Should the possession of drug paraphernalia be a crime?
How has the approach to the criminal regulation of marijuana changed over time?
Why is there disagreement over whether there should be mandatory minimum sentences for drug crime?
How does the crime of drug possession differ from the crime of possession with the intent to distrib- ute narcotics?
List the types of acts involving controlled sub- stances that are punished under state statutes.
What is the significance of the schedules of controlled substances under the Controlled Substances Act?
How is gambling defined under state statutes? Are certain types of gambling exempt from punish- ment under state statutes?
What type of evidence is relied on to convict an Individual of operating a motor vehicle while intoxicated?
Under what circumstances may a police officer arrest an individual for public intoxication?
Are juveniles treated differently than adults in terms of alcohol?
Considering the descriptions of cases you read on homelessness and gangs, does the broken windows theory pose a threat to civil liberties? Support your answer with examples from the textbook.
Should the government place a greater emphasis on prosecuting white-collar crime? Do you believe that white-collar criminals should receive harsh prison sentences?
Describe the purpose of criminal laws against the theft of intellectual property, trademarks, and trade secrets.
What acts constitute tax crimes?
Outline currency violations.
Discuss the purpose of laws against money laun- dering and explain what is involved in money laundering.
Describe access device fraud.
What are the elements of identity theft?
What areas are covered under the 1996 federal health care fraud act?
Should corporations be held criminally liable for white-collar crime?
Distinguish extortion from robbery.
Distinguish robbery from the elements of carjacking.
What are the requirements of a battery? Describe the difference between a simple battery and an aggravated battery.
Describe a pretrial identification which you believe is unduly suggestive. Explain why it is too suggestive of guilt.
Do you believe that it is self-incrimination to give blood, hair, and other such items that might prove one’s guilt?
Why are the rules concerning the admissibility of confessions more stringent than for other forms of evidence?
An officer has made application for a court order approving electronic surveillance of Defendant.The order is granted, stating: “From June 1 to June 7, Officer X, having established probable cause, is granted the authority to intercept the wire communications of Defendant.” The officer
While on patrol, Officer Norman heard a scream from the backyard of a house. The officer proceeded to the back of the house, where he observed two people—a badly beaten victim and a young man(Tom) standing over her. Shocked by the sight of the victim, the officer exclaimed, “What happened
Assume that a prosecutor wants a defendant to submit to genetic testing to compare the defendant’s DNA with that of hair found on a victim.Does the defendant have a Fourth Amendment challenge? A Fifth?
What is chain of custody?
Why must law enforcement officers obtain a court order to intercept a telephone conversation using traditional line phones and not a conversation using a cordless phone?
Does a defendant have a right to counsel at a photograph identification session? If so, what is the source of that right?
Does a defendant have a right to counsel at a lineup? If so, what is the source of that right?
Is it a violation of the Federal Wiretap Law(Title III of the Omnibus Crime Control and Safe Streets Act) for Gary to allow law enforcement officers to listen to a telephone conversation between himself and Terry without Terry’s knowledge? If so, what happens if Terry makes incriminating
What happens if an officer fails to read a defendant his or her rights before obtaining a confession?
List the rights included in the Miranda warnings.When must they be read to a defendant?
Do you believe that the exclusionary rule is required under the Fourth Amendment? Can you think of any alternatives to the rule?
In United States v. Leon, the Supreme Court created a good-faith exception to the probable cause requirement of the Fourth Amendment. Under Leon, evidence seized in good faith pursuant to a search warrant is admissible at trial, even though it is later determined that probable cause was
Do you agree with Justice Brennan that the protective sweep goes beyond the Terry v. Ohio decision?Explain your position.
Seize a transparent bag of cocaine found lying on the defendant’s dining room table?
Search the defendant’s body?
Search the defendant’s closets in his bedroom?
Tommy Transmitter planned to burglarize a local audio/video dealer. On the night he intended to commit the burglary, Tommy was observed standing in an alley behind the shop by a police officer.It was 11:50 p.m. on a June evening, and Tommy was wearing a pair of jeans, tennis shoes, and a shirt.
What is a protective sweep?
Same facts as in question 7, except the victim points to a fleeing suspect. The officer chases the suspect to a house, where the officer sees the suspect enter with the use of a key. Must the officer end the chase and obtain a warrant?

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Criminal Law And Procedure 6th Edition Daniel E. Hall - Solutions

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