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Criminal Law 1st Edition Katheryn Russell-Brown, Angela J. Davis - Solutions
What is the holding in the case?
Is banishment an appropriate punishment? If so, for which crimes?
Which justification for punishment does the Georgia Supreme Court use to justify banishment?
What is the holding in the case?
Does the court’s decision meet the aims of restorative justice? How?
In determining the appropriate sentence, what is the court most concerned with—the victim, the offender, or the community?
The victim impact statement included information about some county members’ attitudes toward sentencing. What is the court’s response to this information?
Should juries be allowed to acquit a defendant based on a cultural defense? Why or why not?
What was the court’s holding and rationale?
What was the basis of Mr. Aphaylath’s appeal?
Did the cultural defenses presented in the Kimura and Metallides cases produce fair results?
What are Professor Renteln’s arguments for and against allowing defendants to present a cultural defense?
What is a cultural defense?
Should judges permit some syndrome defenses and not others?
Should juries be permitted to acquit a defendant based on a syndrome defense?
Should defendants be permitted to present syndrome defenses? Why or why not?
Mr. Miller claimed that he was involuntarily intoxicated. Is there an argument that his intoxication was voluntary?
Mr. Miller argued that he should have been allowed to present a defense of involuntary intoxication. Did the court agree or disagree and why?
What is the difference between an insanity defense and an intoxication defense?
What are the arguments for and against allowing a defense of voluntary intoxication?
What was the court’s holding?
What was the basis of Mr. Egelhoff’s claim that the Montana statute was unconstitutional?
The judge sentenced Christopher Pittman to the minimum period of incarceration allowed by law—thirty years for each murder, to be served concurrently (a total of thirty years). Should judges take a juvenile offender’s age into account in determining the appropriate sentence, and if so, how?
What was the rationale for the court’s holding?
What was the basis of Mr. Pittman’s appeal?
Do you agree with the court’s holding? Why or why not?
What was the court’s rationale in holding that the trial court erred when it prevented Mr. Contento-Pachon from presenting a duress defense?
What is the difference between necessity and duress?
Of the three types of defense of habitation laws, which is preferable and why?
Why should an individual be given wider latitude in using deadly force to protect himself or others in his home than on the street or somewhere else?
How does defense of habitation differ from self-defense?
What is the best argument in support of the alter ego rule?
What is the court’s rationale for holding that the reasonable belief rule is better than the alter ego rule?
What is the difference between the alter ego and reasonable belief rules?
Self-defense is a law of necessity. Might it be argued that it was necessary for Judy Norman to kill her husband even though she was not in imminent danger of being killed while he was sleeping? Why or why not?
What was the rationale of the North Carolina Supreme Court in reversing the decision of the court of appeals?
What was the court of appeals’ rationale in holding that Ms. Norman should have been able to present a defense of self-defense?
After the indictment was reinstated, Goetz went to trial and was found not guilty of all charges except for possession of a concealed weapon. How could the jury have found that he acted in self-defense? Examine Section 35.12(2)(b) of the New York statute (referenced in the case).
What was the court’s rationale in rejecting Goetz’s argument?
Goetz argued that the prosecutor gave incorrect instructions to the grand jury on the law of self-defense. What was Goetz’s argument?
If Keitt had killed Peterson with the lug wrench before Peterson fired his gun, would Keitt have had a valid claim of selfdefense?Why or why not?
How did the court rule on each of the issues?
What are the three issues that Mr. Peterson raised on appeal?
Is discrimination always intentional?
How would a defendant prove intentional discrimination in a death penalty case?
Is the Supreme Court correct that a defendant should have to prove that the legislature, prosecutor, or jury intended to discriminate against him based on his race or the race of the victim?
Is there a justification for punishing unintentional felony murder less seriously than intentional felony murder?
Should felony murder be punished as seriously as first degree premeditated murder? Why or why not?
Should the felony murder rule be abolished? Why or why not?
If you were the judge, would you have sentenced Dr. Murray to the maximum penalty of four years?
What facts presented at trial supported the verdict in this case?
Should Dr. Murray have been charged with Michael Jackson’s death? Why or why not?
If you were on Ms. Knoller’s jury, would you have voted to convict her of second degree murder? Why or why not?
Using the court’s definition, what facts presented at trial supported a conviction of second degree murder?
How does the court define second degree murder based on a theory of implied malice?
In your opinion, was the court’s ruling correct? Why or why not?
What was the court’s rationale for rejecting the state’s argument?
What did the state argue in support of its claim that the jury should not have considered a voluntary manslaughter charge?
Why do you think the Thompson court found sufficient evidence of premeditation while the Bingham court did not?
What was the court’s rationale in holding that there was insufficient evidence of premeditation?
What was the evidence in support of premeditation?
Was the court’s holding correct? Why or why not?
Why did the court hold that the jury instruction was erroneous?
What evidence in this case supports the jury’s finding that Thompson’s actions were premeditated?
The court noted that the binding and kicking of Mr. Koufaloitis were not “inherent, inevitable parts of the robbery.” What does the court mean by this statement? Are “binding and kicking” considered “force” for purposes of the offense of robbery?
Why did the court affirm the kidnapping conviction with regard to Mr. Koufaloitis and reverse the conviction for the kidnapping of Mr. Poulos?
What was the basis of defendant Beatty’s appeal?
Were these cases decided differently because of the difference in the facts or because of the courts’ interpretation of the law?
Were Mr. Curley’s actions less violent or forceful than Mr. Zangari’s?
Which interpretation of the common law definition of robbery is best—the Curley view or the Zangari view?
Does it matter that his victim, now forty-nine years old, does not support his extradition and prosecution?
Polanski is now seventy-nine years old. His supporters argue that no purpose would be served by punishing him at his advanced age. Do you agree?
Mary Kay Letourneau and Roman Polanski were both vilified in the court of public opinion, but Polanski received much more support than Letourneau, even though there was an even greater age difference between Polanski and his victim.Although Polanski was never sentenced, the psychiatrist who
Do you think that race or class played a role in the outcome of the Duke lacrosse players’ case?
What are the differences and similarities between the Central Park jogger case and the Duke lacrosse players’ case?
Is it fair to compare the Central Park jogger case with the Scottsboro Boys cases? Why or why not?
Might there be unintentional or unconscious bias against Black victims? Why or why not?
Do you think police or prosecutors intentionally discriminate against Black victims of sexual assault?
Why do you think sexual assaults on Black women are prosecuted and punished less than similar assaults on White women?
Should “traditional” and “nontraditional” rapes be punished at the same level? Why or why not?
According to Professor Estrich, is the common law definition of rape a sexist rule of law? Why or why not?
What does Professor Estrich mean when she says, “It is ‘boys’ rules applied to a boys’ fight”?
The court notes that force includes “not only physical force or violence but also moral, psychological or intellectual force used to compel a person to engage in sexual intercourse against that person’s will.” Can you provide examples of moral, psychological, and intellectual force?
What is the court’s holding and rationale?
What issue does Mr. Berkowitz raise on appeal?
Mr. Zambia was convicted of soliciting prostitution, an inchoate crime. It turns out that the person he solicited was an undercover police officer. Should the defense have argued factual impossibility? Would it have been a successful defense?(Hint: Review Chapter 4: “Incomplete Crimes.”)
According to the court, what harm or potential harm was caused by Mr. Zambia’s actions?
The defendant argues that he cannot be convicted of pandering because he did not encourage another person to “become a prostitute.” Which facts support his position?
The court states that in some instances it would be lawful for a person to ride naked in his “home on wheels.” What if Mr.Whatley had been nude in his truck parked in his driveway? What about in his truck parked on a busy street? Should the time of day matter?
What is the court’s rationale for upholding the state law?
What is the issue in this case?
A person who is sitting ringside at a dogfight and is sending text messages.
A person standing over the boxing ring with his arms crossed and eyes closed.
A person selling hotdogs at a dogfight.
Review the Pennsylvania statute and determine how each person would be classified—as either a “spectator” or as someone who was “present” at a dogfight:
How does the court determine whether Mr. Craven was a spectator or someone who was present at a dogfight?
Which constitutional issue(s) are raised in the case?
Assume that the defendants used gestures rather than words to ask for money. For example, what if they had rubbed their fingers together and pulled out the lining of their pants pockets in front of the officers? Do you think that activity would have been permissible or prohibited under the
The court focuses on whether the ordinance was “narrowly tailored.” What does this mean and how does the court evaluate this?
What are the prior proceedings in the case?
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