Criminal Law 11th Edition Thomas J Gardner, Terry M Anderson - Solutions

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Most states have statutes permitting the seizure and forfeiture of contraband, including money related to the illegal sale of controlled substances. Texas has a forfeiture statute for contraband, in- cluding cash used in drug trafficking. Was the trial court correct to order seizure of cash found
In every state, the penalty for possession of con trolled substances with the intent to deliver (sell) is much greater than possession for personal use. As noted in this chapter, proof of intent to deliver is frequently done by circumstantial evidence. Is there sufficient evidence for proof of
Some states have a state statute similar to the fed- eral Religious Freedom Restoration Act, discussed in this chapter. Idaho is such a state: The Idaho Free Exercise of Religion Protection Act (FERPA) states that government may not substantially burden the exercise of religion by laws of general
Is a driver suffering from "sleep driving" because of a reaction to the prescription sleep aid Ambien guilty of DUI? If so, does the sleep driving constitute a defense under the DUI statute? Do DUI statutes have a mental state requirement? See Leeka v. State, 461 S.W.3d 331 (Ark. 2015). Is the
As we saw in the Skilling case discussed in this chapter, the "honest services" fraud statute was interpreted by the U. S. Supreme Court to apply only to "core" corruption actions like "bribery and kickbacks." Lower courts were then left to figure out when a "bribe or kickback" occurred. Why did
The two top executives of Executive Recycling Inc. (ERI) were convicted of violating the federal Resource Conservation and Recovery Act, which was applicable through adoption by the EPA of the Colorado Hazardous Waste Management Act. ERI was a recycling company that recycled electronic waste
Carlos Ezeta was a professor and student advisor at a Las Vegas community college. As part of his position he advised Hispanic students on enroll- ment and curriculum choices. He also helped these students apply for federal financial aid by making false statements on FAFSA forms. He did not re-
Woody and Kathy Medlock ran a medical am- bulance company. They transported patients to and from hospitals and clinics for treatments like kidney dialysis, where use of an ambulance was required. Medicare reimbursed them for such. transportation. The Medlocks made several bill- ings to Medicare for
Defendant entered a Wal-Mart store and placed two television wall-mount kits in her cart. She then went to the customer service counter and "returned" one of the kits for a gift card. She used the gift card to purchase the other kit, which she returned the next day for cash. The state has charged
In early morning a police officer observed the de- fendant leaning on a porch at a community cen ter. The building had a sign that clearly said "No Loitering." The officer approached the defendant and arrested him for trespass. A resulting search found crack cocaine on the defendant's person. He
In addition to the Hobbs Act, discussed in this chapter, Congress also enacted 18 U.S.C. $876. That statute makes it a crime to use the U.S. Mail for the purpose of communicating threats to extort property from a person. Has the statute been violated when a defendant mails threaten- ing letters,
Robbery requires a "forcible" taking of property. We saw in this chapter that states have gone be- yond a strict definition of "taking" as meaning the actual act of theft, and have also included in the definition of "forcible" under a robbery stat- ute the force used in flight after the theft. Was
Degrees of theft often depend on the value of the stolen items. The higher the value, the greater the offense and punishment. How is value to be deter mined? It is the state's burden to prove value, and a failure to do so will normally result in a not guilty verdict. If the owner of the stolen
In Boyd v. Commonwealth, 357 S.W.3d 216 (Ky. App. 2011) the defendant was convicted of posses- sion of counterfeit currency under Kentucky law. (The federal crime of counterfeiting is discussed in Chapter 15.) The elements of that crime include proof that the bills possessed were counterfeit, and
If an elderly father puts his daughter's name on his accounts at a bank and an investment company as a "joint owner," with instructions that she may deposit and withdraw funds from the accounts,can the daughter be convicted of theft for such withdrawals? If so, under what circumstances? See Wagner
When a person rents furniture for home use from a rent-to-own company, the rental agreement states that unless the renter elects to purchase the furniture, it must be returned at a stated period, or at once in the event of a default in rental payment. If a renter misses several payments, but does
The trial judge dismissed the charges, holding that even though the defendant. was born 52 months before the victim, a person is not more than 4 years older than another un til that person is 5 years older. The prosecution. appealed the dismissal. It contends "more than 4 years" means more than 48
SORNA has what is called the "Romeo-and-Juliet" exception to the sex offender registration require ments under the law. A sex offender cannot be convicted of a failure to register as a sex offender if at the time of his conviction for a sex offense the sex was consensual and if "the victim was at
The defendant in United States v. Husmann, 765 F.3d 169 (3 Cir. 2014) stored multiple child por nographic photographs in a file he stored on a 360 Share Pro program installed on his com- puter. The Share Pro program enabled others to access the files directly in a peer-to-peer network without going
18 U.S.C. $ 2423(a) makes it a crime to transport a minor across state lines with the intent to have the minor engage in any sexual activity that would be a criminal offense. Thus, the transportation with the requisite intent is the crime, not the sexual activity. Indeed, courts routinely hold that
In cases of alleged sexual assault where there is no evidence of bodily injury or forcible rape, such as "date-rape cases, the non-consent of the victim establishes the sexual assault. This is par ticularly true in the (relatively few) jurisdictions that have no requirement of force or compulsion.
It is common for state statutes involving crimes committed while using a "deadly weapon" or a "dangerous weapon" to specify certain kinds of weapons (pistol, rifle, long knife, and so forth) and leave it to courts to determine when other instruments qualify as "deadly or dangerous" weapons. Is a BB
Driver I was charged with aggravated assault with a deadly weapon. Should he be convicted? Did he "assault Driver 2, as you now understand that term? If so, what are his defenses? See State v. Almeida, 356 P.3d 822 (Az. App. 2015).
When the light changed, Driver 1 returned to his car and drove away, followed by Driver 2, who called
Driving beside Driver I's car, Driver 2 pulls up next to Driver 1 and (according to passengers in Driver 1's car) waves a gun in the air. Driver 1 stops at the next stop light, exits his car, and pulls out a handgun which he holds by his side while standing next to Driver
"Road rage" by itself is not a crime. It can, of course, lead to violence that would be a crime. However, it is not always easy to determine who was the "victim" and who was the "aggressor" in road rage cases, though that is often necessary to find criminal violations. What should happen in this
Many states have recently passed legislation making "texting" while driving a minor misdemeanor. See e.g. Ohio R.S. 4511.204, effective March of 2015. If an accident occurs while a defendant is texting and driv- ing, can the defendant be convicted of assault under a state's general assault statute?
At the beginning of this chapter we examined the case of United States v. Toviave, where the court reversed a conviction under the federal forced labor statute. That same court decided United States v. Callahan, 801 F.3d 606 (6th Cir. 2015), another prosecution un- der the federal forced labor
Defendant fatally stabbed a woman. At his trial he asked the court to instruct the jury on manslaughter/imperfect self-defense, claiming he heard voices telling him to protect himself from danger presented by the victim. No other defenses were raised by the defendant. Should the judge give the
Defendant, an occasional drug dealer, kept a stash of cocaine hidden in a hole in a living room couch. His 1-year-old daughter found the cocaine, ingested it, and died. The defendant has been charged with felony murder under the Georgia felony murder law, which includes as predicate crimes intent
What must the prosecution prove for such a convic- tion? See United States v. Calderon, 785 F.3d 847 (2nd Cir. 2015), cert denied 136 S. Ct. 252 (2015).
Defendant, while not a member of the New York street gang "Latin Kings," regularly transported gang members and drugs in illegal drug transactions. In one incident, she was told to be available to drive a gang member away from a crime after the gang mem- ber finished the job. She was not told the
New York is a state that defines "person" as a human being who has been born alive. A fetus in utero is thus not a" person," and one cannot be guilty of a homicide by causing the death of the fetus. How- ever, the death of a fetus intentionally injured in utero, but who is born alive and
A high school student did the following in a short period of time: (1) Asked a teacher what she would do if he came to school wearing a bomb vest; (2) drew a picture of a stick figure wearing a bomb vest, with the word "soon" written below the stick figure, and showed the picture to other students,
49 U.S.C. 46302(a) attaches civil penalties for con- veying false information of a bomb threat on an airplane. 46507 (1) makes it a felony to convey a false bomb threat on an airplane if it is done "will- fully and maliciously." A flight attendant, upset with the ground workers servicing the
As we will see in Chapter 12, courts routinely up- hold the constitutionality of state laws that target on-line attempts to solicit sex with a minor child. That is because speech intended to achieve an ille- gal purpose is not protected by the First Amend- ment. It is the illegal conduct, not the
Massachusetts has a law that makes it a crime to possess a "stun gun" in public. The defendant was convicted under this law for carrying a stun gun in her purse. She said she needed it to protect herself from an abusive former boyfriend. On appeal she contended the total ban of stun guns violated
For the Excessive Fines Clause of the Eighth Amendment, we saw that the U. S. Supreme Court has held that a fine was excessive only if it was "grossly disproportionate' to the crime. United States v. Bajakajian, discussed in this chapter. Are the factors identified by the Supreme Court in
It is a federal crime to possess a firearm if one has been convicted of a "misdemeanor crime of do- mestic violence." 18 U/S/C/ 922(g)(9) Defendant was convicted in Tennessee state court of "inten- tionally causing physical injury" to the mother of his child. He was then charged with violation of
The defendant, when he was 16 years-old, and another juvenile gunned down a man outside a Chicago park. The defendant did the shooting; the other juvenile handed him the gun. The other juvenile pled guilty to second degree murder, and was sentenced to 17.5 years in prison. The defen- dant was tried
Cases involving sexual abuse of children pose a special problem for a proportionality analysis un- der the Eighth Amendment's Cruel and Unusual Punishment Clause. Such crimes inflict the im- mediate damage of the criminal conduct, but also the likelihood of lifetime emotional injury. On the other
Defendant was required under Kentucky law to register as a convicted sex offender. The registra- tion statute stated that a registrant must register a new address before moving from the current address. The state police are required to send a change of address registration form to persons re-
In this chapter we note that if a defendant seeks and obtains a mistrial, the prosecution ordinarily may retry the defendant with no Double Jeopardy restraints. If it is the prosecution that obtains the mistrial, Double Jeopardy requires that the prose- cution show the mistrial was necessary as
Where should the entrapment line be drawn on government "sting" inducements that persuade the recruited person to commit a crime? For example, suppose a confidential informant (CI) working for the FBI is told to find "disaffected Moslems who might be harboring terrorist designs in the United
Assume a defendant is observed by police officer A walking down the street carrying a weapon. A few moments later, the defendant is observed by police officer B walking down another street carrying the same weapon. Defendant, a convicted felon, is arrested and charged two counts of illegal
Three members of a street gang, La Sierra Brown Nights, went looking for members of a rival gang,Tiny Winos, intending to confront the other gang over harassment by that gang. They found seven members of Tiny Winos, and asked them, "Where you from?", which in gang custom is a challenge to the other
Police officers were summoned to a residence by a 911 call which said a person there was having seizures. Police and emergency medical personnel entered the premises, and determined the per- son should be taken to a hospital for observation. The person resisted, kicked out at the officers and
When a police officer is charged with assault based on force used by the officer during a lawful arrest, how should the jury be instructed to eval- uate the officer's claim that the force used was not excessive? Does the officer have to consider other options to the use of force, such as a duty to
Was the use of force justified in the following situ- ation? Defendant was awakened around midnight by noise in the hallway of his apartment build- ing. He walked into the hall, where he saw a man loudly knocking at a neighbor's door. Defendant told the man to leave, and after an exchange of words,
Assume a defendant is convicted of murder under a state felony-murder statute. (See Chapter 10.) The underlying crimes were rape and burglary. The defendant contended he was "high" on Quaaludes and alcohol and had no memory of committing the crime. Assuming the state had a "diminished capacity"
When the Pennsylvania legislature passed its Juvenile Act, setting procedures for juvenile courts, it abolished the infancy defense. Does that mean there is no infancy defense in adult courts? That was the position of the state in Com. v. Martz, 118 A.3d 1175 (Pa. Super. 2015). Was it correct? What
Many states bifurcate the guilt/insanity portions of a trial, so that a jury first must determine be- yond a reasonable doubt that a defendant is guilty of committing the crime charged. If a guilty verdict is returned, the second phase begins. In some states the burden remains on the state to prove
Can a defendant prevent a court from entering a verdict of "Guilty but Mentally III" (GBMI)? Assume a defendant is charged with attempted murder. While there is evidence she suffered from serious mental impairments, she did not raise an insanity defense, nor did she contend she had "diminished
Allen, a volunteer fire fighter in Vermont, and some of his other fire fighters, believed the lack of fire calls was "like kind of getting boring." So, they decided to set some fires in uninhabited grasslands, so they could respond to a fire call at the fire station. Some of the fires were set in
What did Brantley do that violated the misprision statute? What crime did she con- ceal: the murders? Another crime? United States v. Brantley, 803 F.3d 1265 (11th Cir. 2015).
The defendant, Brantley, was driving a car with her boyfriend, a convicted felon, when she was stopped by police for a traffic violation. When the two police officers began questioning the boyfriend, he got out of the car, pulled a gun, and killed both officers. He then ran away. The defendant
Illinois police became concerned about the num- ber of high-powered rifles Olutosin Oduwole, a student at Southern Illinois University, had ordered on the internet. The purchase order came shortly after the killings at Virginia Tech in 2007. After monitoring Oduwole's conduct, officers found a
Assume that the defendant is riding in a car be- ing driven by a person who is clearly intoxicated. Nonetheless, the defendant urges the driver to ex- ceed the speed limit and ignore traffic signs. The driver does so, and smashes the car into a build- ing, injuring another passenger. Can the defen-
Under 26 U.S.C. 5861(d) it is a crime to possess certain kinds of "unregistered" firearms, such as sawed-off shotguns or machine guns. The term includes "destructive devices," such as grenades or "flash bang" devices. The crime is thus being?
As we note in this chapter, at times failure to act can be a crime. Child abuse can go undetected and unpunished if only the victim is relied upon for reporting the abuse. Children are often in- capable of understanding the need to tell others about such abuse. As a result, it is common to have
It is a crime in most states to "possess burglary tools." What does "possession" require the state to prove? Do the tools have to be used in a burglary? Does the defendant in possession have to be con- victed of burglary to be convicted of the posses- sion charge? In State v. Platt, 154 So.3d 1200
Every state has a statute making it a crime to "cause" another person's death if the defendant was operating a vehicle while intoxicated. What exactly must the prosecution prove to make the causal connection between one element of the crime, intoxicated, and the victim's death? Is it enough to show
Does the Uniform Code of Military Justice confer jurisdiction on military courts to try charges of forgery of travel reimbursement forms by an army reserve member? If so, when? United States v. Morita, 74 M.J. 116, 2015 WL 1837200 (2015).
May police officers sitting in a New Jersey "listen- ing post" monitor cell phone conversations un- der the New Jersey Wiretapping Surveillance law, when those conversations occurred in other states? May the state then use the conversations as evi- dence in a murder trial in New Jersey? See State
After the Supreme Court's decision in United States v. Bond, discussed in this chapter, when does use of a toxic chemical become more than a "purely local" crime? In United States v. Leven- deris, 806 F.3d 390 (6th Cir. 2015) the court held the manufacture of homemade ricin, a dangerous toxic
The U.S. Supreme Court has routinely held that Congressional statutes do not have "extraterrito- rial" application unless the statute clearly shows a contrary intent. Under that rule, the Court has decided that the U.S. Securities laws do not have extraterritorial application, unless (1) the case
Is driving while intoxicated (DWI) a "victimless" crime? It is true, is it not, that one can commit the crime without injuring any "victim?" Does that mean statutes that order convicted defendants to pay restitution to their "victims" do not apply to those convicted of DWI? See Hanna v. State, 426
As we saw in this chapter, most courts have re- fused to hold that SORNA sex offense registration provisions, when applied to sex offenders whose crimes pre-dated SORNA, violated the ex post facto clause of the U.S. Constitution. However, states have their own constitutions, many of which include
Los Angeles has a substantial population of home less people. The city has sometimes passed laws making it a crime to engage in conduct that ap pears to be related to homelessness. One such law is Municipal Code section 85.02. It states that it is a crime to use a vehicle "as living quarters ei-
Most people are aware that using a credit card to purchase merchandise involves a fee paid by the seller to the credit card company. In some cases, the merchant passes this fee on to the purchaser by charging a higher price for merchandise bought using a credit card. In other cases, merchants offer
K, who is attending a lecture by L, a well-known hypnotist, agrees to be hypnotised. L tells K that he intends to induce a state of aggression in him by means of a keyword ‘bananas’. K agrees and is duly hypnotised. When L mentions the keyword ‘bananas’, K reacts by smashing the microphone
Should the defence of insanity be abolished?
Critically evaluate the M’Naghten rules. Are they an appropriate test for insanity in the modern world? (OCR)?
David and Shirley are members of the Animals Have Rights organisation. In order to draw attention to their demands they decide to blow up a farmhouse. They persuade Neil, a former member of the organisation who had not participated in its affairs for a year, to supply bombmaking equipment, by
if four words are employed here, “aid”, “abet”, “counsel” or “procure”, the probability is that there is a difference between each of those four words. . . ’ (Lord Widgery CJ, in AttorneyGeneral’s Reference (No 1 of 1975)).Do you agree that each of the four words should have a
Using cases to illustrate your answer, critically consider whether the words ‘aid, abet, counsel and procure’ each have a separate meaning. ( OCR )
‘The criminal law does not punish people for their guilty thoughts alone but only for overt conduct accompanied by those guilty thoughts.’ Assess the validity of this statement with reference to the offence of attempt. (OCR)
Should there be criminal offences of encouragement or assisting and conspiracy?
Professor JC Smith has observed that ‘anyone doing anything whatever to property belonging to another, with or without the authority or consent of the owner, appropriates it; and if he does so dishonestly and with intent, by that act or any subsequent act, permanently to deprive, he commits
Bill and Tim go to their local hypermarket. On an earlier visit, the hypermarket manager told Tim he was not to return again as he suspected him of being connected with a spate of thefts which his store had recently suffered. As they are about to enter the hypermarket, Bill and Tim agree that they
What offences, if any, have been committed as a result of the following occurrences in the Heaton department store?(a) D, who works in the electrical department, borrows an electric drill, without telling his supervisor, for the weekend. When he returns the drill its motor has burnt out. (10
Commenting on the Sexual Offences Act 2003, Simester and Sullivan have observed:What can be said at present is that, in certain particulars, there seem to be improvements over the old law. Yet, without indulging in pessimism, there are also a number of difficulties and obscurities that seem sure to
Is the current definition of rape satisfactory?
Steven is a homosexual and is obsessed with Paul. He invites him for a drink one evening at a wine bar. After the drink Paul allows Steven to come back to his house for a coffee. By midnight Paul is very tired and asks Steven to leave but he refuses and starts to become very violent. He hits Paul
Is it time to repeal the Offences Against the Person Act 1861 and replace it with a new piece of legislation?
Adrian became friendly with Bill, who had had treatment over the years for bouts of schizophrenia and often forgot to take the medication prescribed for him. They got into the habit of behaving in an anti-social manner. This included the making of a telephone call by Adrian to his 75-year-old
Alice and Ben have been married for ten years, during five of which Ben has been addicted to heroin. In consequence, Alice has had to endure unpredictable behaviour from Ben, including verbal and physical abuse to herself and their children, unexplained absences, lack of money and loss of her
When questioned, Mark was able only to say that he had felt ‘very down’ when he serviced the car, did not really know what he was doing at the time and had no recollection of it now.(a) Discuss Jane’s liability for the murder of Nina.(b) Discuss Mark’s liability for the manslaughter of
A, who is on bad terms with his neighbour B, hurls a petrol bomb through B’s living-room window intending to destroy the house, but also being aware that the occupants of the house are highly likely to be severely injured. Mrs B and her baby are badly cut by flying glass but manage to escape from
Peter and Mary had been married for two years. Peter shouted at Mary that he hated her, he said that she was big and fat and did nothing all day apart from watch television. Mary was suffering from post traumatic stress disorder, having recently returned as a soldier from fighting a war where she
Does the defence of loss of control avoid the problems that had plagued the defence of provocation?
Simon wants to kill his girlfriend Polly and, in order to do so, puts rat poison in her coffee. This would normally only be sufficient to make an ordinary person sick, but Polly is unusually sensitive to rat poison. She is taken to hospital where the doctor diagnoses her illness as appendicitis.She
How far does the imposition of criminal liability depend upon the existence of fault?
Is it just to impose criminal liability where no mens rea has been proved?
The presumption that mens rea is required will be rebutted if Parliament intended to create a strict liability offence.
When interpreting a statute there is always a presumption of law that mens rea is required for an offence.
Federal agents executed a sting operation in Illinois against the defendant Skoczen, in which the agents offered to sell Skoczen stolen, contraband cigarettes. When Skoczen agreed to the deal, the agents crossed state lines and obtained cigarettes from a cigarette manufacturer. They brought the
Pursuant to Executive Order No. 12,543, the president identified Libya as a country to whom shipment of goods from the United States was prohibited. A U.S. resident arranged to ship 50 trailers to Italy, and from there another company was to ship the goods to Libya. United States custom agents
Judges have the power to issue summary criminal contempt citations where a person’s conduct obstructs the judicial process. If the person uses only bad language, but does not otherwise slow down or obstruct the court proceedings, can the person be held in contempt? See United States v. Marshall,
It is a violation of the immigration laws to “bring”an illegal alien into the United States. Can a defendant who does not actually cross the border with an illegal alien be convicted under these laws?What must the prosecution prove? See United States v. Arzane-Picasso, 18 Fed. Appx. 484 (9th

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Criminal Law 11th Edition Thomas J Gardner, Terry M Anderson - Solutions

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