Criminal Law 1st Edition Katheryn Russell-Brown, Angela J. Davis - Solutions

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Gary and Paige were friends until they discovered that they shared an interest in Tracy. After Paige won her affection, Gary became enraged and took a key and ran it down the side of Paige’s car. He then poured gasoline over the car and set it on fire.Gary has been arrested. What crimes should be
Doug and Sherri are an elderly couple who are retired and residing in Florida. Both have suffered substantial physical deterioration, including vision loss and poor memory. Ned, who had coveted their 1962 Corvette for years, told the couple that they should trust him with their financial affairs,
Burglary is quite different today than it was at common law. What are the major differences?
Arson is quite different today than it was at common law. What are the major differences?
Brogan runs by a woman on the street and grabs her purse as he passes her. The woman catches the strap and fights to keep the purse; however, the strap breaks, and Brogan is successful. He keeps the contents of the purse. What crime has been committed?
Brogan runs by a woman on the street and grabs her purse as he passes her. The purse is easily pulled from her arm, and Brogan’s intent is to keep the contents. What crime has been committed?
How is destruction of a building by explosion treated by the Model Penal Code? At common law?
What are “fences”? At common law, what crime do fences commit?
What does the acronym RICO represent? What are the basic elements of RICO?
Embezzlement is often punished more severely than simple larceny. Why?
What is criminal mischief?
Define larceny.
What is “constructive breaking,” when referring to the crime of burglary?
Consider your life experiences. Have you ever committed a technical stalking (such as repeatedly seeking the affection of an uninterested person)?
Make your best argument in support of legalizing(decriminalizing) prostitution.
Do you believe that prostitution and solicitation of prostitution are victimless crimes? If so, does the threat of AIDS and other communicable diseases change your decision?
One evening after a play Tracy was approached by a woman who pointed a pistol at her and ordered her to “give me all your money and jewelry.”Tracy removed her jewels and handed them over, but told the robber that her money was in her purse, which was in the trunk of her car. The robber asked
State Statute reads: “It shall be a felony for any person to purposefully, knowingly, or recklessly cause the death of another person by the use of poison or other toxins.” Eddie Farmer spread a toxic insecticide on his crops, which eventually mixed with rainwater and made its way into his
Penelope and Brenda had been enemies for years.One evening Penelope discovered that Brenda had attempted on many occasions to “pick up”Penelope’s boyfriend. Penelope told a friend that she was “going to fix Brenda once and for all—that she was going to mess her face up bad.” That
On July 1, 1990, Jeff shot Megan during a bank robbery. Megan remained on life-support systems until September 4, 1991. At that time the systems were disconnected and she ceased breathing. On June 15, 1991, her physician had declared her brain dead. It was not until September 4, 1991, that her
On May 5, Mark and Sam, who had been neighbors for three years, argued over Sam’s construction of a ditch, which diverted water onto Mark’s property. Mark told Sam to stop construction of the ditch or he “would pay with his life.” The following day, Mark and Sam met again in Sam’s garage.
by use of force or under such a threat of force that resistance would result in serious bodily injury or death, is rape.” Explain how this statutory definition of rape differs from the common-law definition.
with another person 3, against that person’s will and
State statute reads: “Any act of 1, sexual intercourse
What was the common-law definition of murder?
Give an example of a nonforcible rape.
Under the common law, if a person cut another’s limb off, what crime was committed?
What is the primary distinction between false imprisonment and kidnapping?
What is meant by the phrase “imperfect selfdefense”?
John caught his wife having sex with another man.In a fit of rage, he killed his wife. What crime has been committed?
What is the marital rape exception?
What is the difference between an assault and a battery?
What is felony-murder?
What is the primary distinction between first- and second-degree murder?
When the doctrine of felony-murder was applicable.
When the defendant created an unreasonably high risk of death that caused the victim’s death, regardless of the defendant’s mens rea. This was known as“depraved-heart murder.”
When the defendant intended to cause serious bodily harm, and death resulted.
When the defendant intended to cause the death of the victim.
Using the two fact scenarios you created in problem 13, change the facts so that the general-intent crime becomes a specific-intent crime and the specific-intent crime becomes a general-intent crime.
Develop your own fact scenarios, one demonstrating specific intent and another demonstrating general intent. Explain why each is an example of specific or general intent.
In some nations, vicarious criminal liability is much broader than in the United States. For example, parents may be vicariously liable for the criminal acts of their children until the children reach adulthood. Should such laws be adopted in the United States? Explain your answer.
Ashley, Amy, and Karen are roommates in college. They occupy a four-bedroom apartment, and all share in the bills and household duties. One weekend a friend of Karen’s, Janice, came to visit.Janice arrived on Thursday and was scheduled to stay until Monday. She stayed in the extra bedroom. On
The following statute was enacted by State Legislature:It shall be unlawful for any person to be a pedophile. Pedophilia is defined as a condition where a person over the age of 17 years possesses a sexual desire for a person under the age of 8 years.While attending a group therapy session, Jane
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.
Unknown to Kevin, he has epilepsy. One day while he was driving his automobile, he suffered his first seizure. The seizure caused him to lose control of his car and strike a pedestrian, inflicting a fatal injury.
Same facts as in problem 3, except there is no treatment or medication that can control Jack’s behavior. He was diagnosed as having the disease years before striking Mike and has caused such an injury before during a similar violent episode.
Jack suffers from a physical disease of the mind that causes him to have violent episodes. Jack has no way of knowing when the episodes will occur.However, the disease is controllable with medication. Despite this, Jack often does not take the medicine, as he finds the injections painful and
John, having always wanted a guitar, stole one from a fellow student’s room while that student was out.
List the various purposes for punishing criminal law violators. Using your answers from problem 2, determine if the goals of punishment can be achieved if prosecution is sought for the following acts (problems 3–5):
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.
A bomb is exploded in a crowded shopping mall, killing 50 people and injuring hundreds of others.A written message is received at the local police station claiming that the attack was perpetrated by Foreigners for a New United States (FNUS), an established organization that has as its purpose the
In theory, people can increase their “freedom” by establishing a government and relinquishing freedoms (civil liberties) to that government. Explain why this paradox is true.
Assume that the United States Supreme Court has previously determined that regulation of traffic on county roads is a power reserved exclusively to the states. In reaction to this opinion, the United States Congress enacts a statute providing that the regulation of county roads will be within the
Same facts as in problem 1, except the state supreme court has determined that the state constitution protects the life of fetuses from abortion, except when the life of the mother is endangered.Which is controlling when a mother seeks to have an abortion and her life is not endangered to any
In 1973 the United States Supreme Court handed down the famous case Roe v. Wade, 410 U.S. 113(1973), wherein the Court determined that the decision to have an abortion is a private decision that is protected from government intervention, in some circumstances, by the United States Constitution.
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?
Judge Easterbrook’s opinion makes references to the difference between a police force and a mob. What point is he making and how does this tie to the rationale for punishing crimes by public officers?
Now compare Bartlett’s sentence with the 188-month sentences given to Spengler and Masarik. Discuss whether the difference in sentence length is justifiable.
Comment on Bartlett’s sentence of 208 months in prison. Given the facts of the case, is it appropriate or too severe? Why or why not?
Comment on Mr. Terry’s sixty-three-month prison sentence. Was it adequate or too harsh? Why or why not?
Which evidence by the prosecution is the most persuasive that there was an agreement between the Mr. Terry and Mr.Russo?
According to the prosecution, what “flow of benefits” existed between the defendant (Mr. Terry) and Mr. Russo?
Do penalty enhancement laws support any of the rationales for punishment (discussed earlier in the chapter)? If so, which one(s)?
What reasons does the court give for upholding laws that allow an offender to receive greater punishment if he singled out his victim on the basis of race?
What is the defendant’s argument that he should not have received a four-year sentence for the crime of aggravated battery?
How do you think the court would have decided the case if the victim had been twelve years old at the time of the crime?
Which rationale for punishment could be used to justify a mandatory minimum term of ten to thirty years for aggravated child molestation under the facts in the Wilson case?

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Criminal Law 1st Edition Katheryn Russell-Brown, Angela J. Davis - Solutions

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