Criminal Law 13th Edition Thomas J. Gardner, Terry M. Anderson - Solutions

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Arson is a general intent crime. The defendant need not burn the dwelling for any particular reason or with any additional intent, as with larceny, burglary, or the other common law property crimes. Should arson be a specific intent crime? Why or why not?
What was the court’s rationale for rejecting the defendant’s argument?
Mr. Thompson argued that there was insufficient evidence to convict him of arson. What was the evidence in support of his conviction?
Do you think that Jewell should have been considered a co-owner because of the “sweat equity” he put into the house? Does your answer depend upon whether they were divorced rather than separated?
What was the court’s rationale in affirming Jewell’s convictions?
What issues did Jewell raise on appeal?
The court made it clear that the false representation may consist of conduct rather than an oral or written statement. What conduct by Mr. Whight satisfied this requirement?
What was the court’s rationale in rejecting that argument?
What was the basis of Mr. Whight’s argument that he was not guilty of false pretenses?
What is the difference between actual and constructive possession?
What was the court’s rationale in reversing Mr. Batin’s conviction?
What was the basis of Mr. Batin’s appeal?
Courts do not require that a shoplifter actually leave the store with the stolen property to fulfill the asportation requirement, but would not the state have a stronger case if the store detective waited until the suspect left the store? Are there reasons why a detective would want to arrest the
What is the court’s rationale in affirming Mr. Davis’ conviction?
What are the two issues that Mr. Davis raises on appeal?
Are there any defenses available? Will they be successful?
Which facts support each of these charges? What is the likely outcome of each case?
What charges are prosecutors likely to file and against whom?
Assume that Mr. Epton had been a street preacher who had no identifiable followers. Do you think the court would have decided the case differently?
What is the holding in the case?
What argument does Mr. Epton make on appeal?
Based on the court’s reasoning, how would it have decided the case if Mr. Erickson had revealed his intention to make the LSD sale after he and Mr. Smith had already driven halfway to Snohomish County?
What facts establish that Mr. Smith had specific intent?
What overt acts did Mr. Smith engage in?
How does the Oregon solicitation statute in the Lee case compare with the Pennsylvania and Kansas statutes discussed earlier?
Why did the court hold that Mr. Lee should not have been convicted of solicitation?
What is the issue in the case?
Is there a compelling reason why a person should be convicted of attempted murder even when his intended victim is already dead?
What is the holding in the case?
What crime was Mr. Dlugash convicted of by the jury?
Based on the court’s reasoning, would Mr. Rizzo and his cohorts have been found guilty if they had been parked in front of the United Lathing Company building when Rao or Previti left for the bank? What if they were parked there on a Sunday(when the bank was closed)?
What test does the court apply to determine whether Mr. Rizzo is guilty of attempt? Refer to the attempt “action”continuum (Figure 4.1).
What is the issue in People v. Rizzo?
Should statutory rape be a strict liability crime? Why or why not?
What are Professor Nevins-Saunders three suggestions for dealing with mentally retarded defendants in statutory rape cases?
Professor Nevins-Saunders proposes that mentally retarded defendants should not be held strictly liable in cases involving statutory rape. Do you agree or disagree with her approach?
What does the court mean when it notes, “Defendants in extraordinary cases, like Raymond, will rely upon the tempering discretion of the trial court at sentencing”?
What is the court’s rationale for affirming Mr. Garnett’s conviction?
How does the court distinguish Maryland’s statutory rape law from other strict liability crimes?
Did the defendants intend to kill Stafford? Did they act purposely, knowingly, recklessly, or negligently?
What was the court’s rationale for rejecting Kibbe’s argument?
What issue did Mr. Kibbe raise on appeal?
After reading Conley, what did you learn about how the state proves mens rea in a criminal case?
What was the court’s rationale in rejecting the appellant’s arguments?
What issues did Mr. Conley raise on appeal?
How does the court compare Mr. Decina’s behavior with that of a drunk driver?
The court acknowledged that Mr. Decina did not intentionally hit the schoolgirls but holds that he was negligent in driving his car. What facts support this holding?
What was Mr. Decina’s voluntary act?
The Court compares the statute to the criminalization of leprosy, mental illness, or the common cold. Are these fair comparisons? Why or why not?
What is the rationale for the Court’s holding?
The California statute makes it a crime “to use narcotics, or to be addicted to the use of narcotics.” Which part of the statute does the Court find unconstitutional?
The Florida law was written to punish intimate relationships between Whites and Blacks (the Court notes that Florida had also outlawed marriages between Blacks and Whites). Assume the law had prohibited all mixed-race marriages. Under the Court’s reasoning, would that have been constitutionally
What is the holding in McLaughlin? What is the two-part test that the Supreme Court uses to determine whether the Florida law is constitutional?
What is the issue in the case?
What if instead of peaceful and religious songs the protesters had sung anti-American chants, and in response, some onlookers had begun to fight and scream at the protesters? Would that have led to a different outcome in the case?
What rationales does the Supreme Court give for its decision? What does the Court have to say about the decision by the Supreme Court of South Carolina?
Which constitutional issues do the protesters raise in this case?
Assume you are a prosecutor for the state of California. Which facts would you use to prove that by wearing his jacket Mr.Cohen had disturbed the “peace or quiet of any neighborhood or person”?
What are two rationales used by the Supreme Court to explain its decision?
What is the issue in Cohen v. California?
Assume that the Ohio Criminal Syndicalism statute made it unlawful to “advocate or encourage” the use of terrorism. Would the Court have reached a different conclusion in the case? Why or why not?
Are there any facts indicating that Mr. Brandenburg was involved in more than “mere advocacy”?
What is the issue in the case?
Discuss the importance of the Florida Castle Doctrine law.
Why did some states permit juries to return a ver- dict of GBMI?
What are the requirements for an individual to be considered an accessory after the fact? Is this con- sidered as serious a criminal violation as being an accomplice?
Define cause in fact, proximate cause, interven- ing cause, coincidental intervening cause, and responsive intervening cause.
Why is the criminal law concerned with causality?
Discuss the significance of concurrence.
What are the characteristics of a strict liability offense?
Define the criminal intents of purposely, know- ingly, recklessly, and negligently.
Distinguish between specific intent and general intent and constructive intent.
List the various types of possession.
Define the American bystander rule. When is an individual criminally liable for an omission?
What is a status offense? Why are status offenses not criminally punished?
Give some examples of behavior that is consid- ered to be an involuntary act. Why are involun- tary acts not criminally punished?
Why are criminal thoughts not penalized by the criminal law?
Summarize the requirements of the Eighth Amendment regarding methods of punishment, the amount of punishment, and punishment and status offenses.
Discuss the significance of recent cases interpret- ing the Second Amendment.
What is the relationship between the right to privacy and the Fourth Amendment prohibition against unreasonable searches and seizures?
Discuss the constitutionality of laws that interfere with the free exercise of religion.
What are the differences among the "rational basis," "intermediate scrutiny," and "strict scru- tiny" tests under the Equal Protection Clause?
What is the role of precedent in judicial decision making?
Describe the organization of the federal and state judicial systems.
Outline the steps in the criminal justice system.
List the basic principles that compose the general part of the criminal law.
Is there a difference between criminal law and criminal procedure? Distinguish between the spe- cific and general parts of the criminal law.
Define crime.
Among the many laws passed in 2010 by the Arizona legislature that have an impact on immi- gration and thus pose a federal preemption prob- lem is Ariz. Rev. Stat. 13-2929. This law makes it a crime for any person "who is in violation of a crim- inal offense" to harbor or transport an illegal
Persons with lawful permanent resident (LPR) status are subject to removal if they commit an "aggravated felony" while in the U.S. "Aggravated felony is defined in the immigration statutes by a lengthy list of crimes, one of which is "sexual. abuse of a minor." If the crime is under state law, it
It is a federal crime for any person to enter into a marriage for the purpose of evading immigra- tion laws. In United States v. Sonmez, 777 F.3d 684 (4th Cir. 2015), cert denied 136 S. Ct. 689 (2015) the defendant, a Turkish national, outstayed his visa and became an illegal alien in the U.S. He
18 U.S.C. $1326 (a) makes it a crime, punishable by up to 2 years in prison, for an illegal alien who has previously been removed or deported to be "found" in the U.S. Is such a person "found" in the U.S. under the statute if he is apprehended by bor- der control officers while trying to leave the
This chapter discusses gambling on sports under federal anti-gambling statutes. States also have laws making illegal gambling a crime. Is this gambling?: An mener of an Internet caf rented Internet time to customers by selling cards that were "swiped" by a card reader near a computer terminal. The
Notwithstanding Congress' amending of the fed eral money laundering statute in response to the U.S. Supreme Court's decision in United States v. Santos, discussed in this chapter, the reasoning of the court in Santos lives on. Courts continue to see a "merger" problem in prosecutions under the
This chapter notes that cities like Los Angeles, California, which has thousands of street gang members, have used nuisance laws to obtain in junctions against gang members, preventing the gang members from engaging in many legal as well as illegal activities. While this practice has existed for
As noted in this chapter, most states have "lit- tle RICO statutes. Oregon is such a state: ORS $166.720 (3). What exactly is a criminal "enter prise" under the Oregon statute? Does it include two men who on several occasions enter a Safeway store, split up, and each shoplift frozen shrimp and
There are threats, and there are terrorist threats. Many threats are not crimes, and many others are misdemeanors. Terrorist threats, however, are generally felonies, and carry substantial prison sentences as punishment. When a person makes a threat, the prosecution must decide how to frame the
Terrorists use social media to advance their goals. The terrorist group al-Shabab, which attacked a shopping center in Kenya, Nairobi, in 2013 kill- ing nearly 70 civilians, used Twitter accounts to publicize the attacks, showing live films and in- formation about the attacks. The Islamic State of
In addition to the many federal terrorist-related statutes discussed in this chapter, Congress also passed a statute directed at threats against federal judges, 18 U.S.C. 115(a)(1)(B). In United States v. Turner, 720 F.3d 411 (2d Cir.2013), cert denied 135 S. Ct. 49 (2014) a man upset with a
One of the antiterrorism laws passed by Congress was the Chemical Weapons Act, 18 U.S.C. 229(a) (1). As we saw in Chapter 2, in United States v. Bond, 134 S. Ct. 2077 (2014), the U.S. Supreme Court held that the statute did not apply to a "simple as- sault" using household chemicals. Is the

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Criminal Law 13th Edition Thomas J. Gardner, Terry M. Anderson - Solutions

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