Contemporary Criminal Law Concepts Cases And Controversies 2nd Edition Mashood A. Baderin - Solutions

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The gang known as the Mexican mafia, or “the Eme” exerts significant control over the inmates of California prisons, as well as many of the street gangs in Los Angeles. Convicting leaders of crimes can be a problem, since witnesses to crimes of violence may be unwilling to testify against gang
Two police officers stopped a car, believing the passenger made an obscene gesture to them. They then beat the passenger. When the Police Internal Affairs investigated the beating, the defendants convinced friends to lie about the event, in part by offering them money and paying their attorney
A drug dealer has $50,000 in cash proceeds from the sale of illegal drugs. He gave $30,000 to his wife, with instructions to “hide” the money in a safe deposit box maintained at a bank for that purpose. With the rest, he purchased a used car.Can he be convicted of money laundering for either or
An unusual case came before the U.S. Supreme Court in 1997. Over a period of time, a sheriff and his deputy were requiring bribes from a prisoner for contact visits with the man’s wife and sometimes his girlfriend. The officers were paid $6,000 a month and $1,000 per contact visit, which was
One frequent defense in a deportation case rests on the United Nations Convention Against Torture, to which the United States is a signatory. What must be shown by the alien threatened with deportation if this Convention is urged as a basis for nondeportation? See Zheng v. Ashcroft, 332 F.3d
Federal law enforcement officers have the option of deportation when investigation leads to an alien in the United States providing support to a terrorist group. One threatened with deportation may bring his or her case before the Board of Immigration Appeals. What must the government (or the
Since 9/11, federal law permits suspected terrorists/enemy combatants to be detained indefinitely by military authorities, usually without review by civilian courts. (See Chapter 2.) What does it take to be an enemy combatant? Can an alien seized shortly after 9/11 be detained in a military prison
How does government obtain a court order to identify electronic communications, such as cell phone use, of a suspected terrorist? Has the procedure changed since 9/11? See In Re Application by U.S. For Order for Prospective Cell Site Location, 460 F. Supp. 2d 448 (S.D. N.Y. 2006).
The defendant was sitting in the passenger seat another man’s car. A police officer approached the car and asked the driver a question. The driver put a plastic bag that contained marijuana on the center console of the car, and the officer saw the bag. Both the driver and the passenger were
The defendant was found with a “crack pipe” in his possession. It was of the type that could be used for smoking crack cocaine, but it could also be used for other purposes. Can the defendant be convicted of possession of drug paraphernalia? Would it matter whether he bought the pipe or made it
The police find a car or truck parked on or near a road. Looking inside, they see a person sitting or lying in the car. They open the door, and it is clear the person in the car is intoxicated. Under what circumstances can the person be charged with drunk driving? What must the prosecution prove?
The defendant and another man went to a part of town where illegal drugs were sold. They pooled their cash and bought some heroin. They ingested the heroin, and the other man died. The defendant was charged with a drug-induced death under the New Jersey drug-induced death statute. Can he be
The defendant, an illegal alien, was charged with various crimes, including “knowingly transferring”a document that contains another person’s identification. The defendant had purchased what he knew to be fake alien identification and Social Security cards, but argued he did not know the
The police arrested a thief in possession of three stolen car radios. The police returned the radios to the car dealer that owned them. The thief informed the police he was planning on selling the radios to the defendant. The police returned to the car dealer, picked up the three radios, and eleven
A technician working in a Maine veterinary research lab wanted to move to another job. She contacted a Wyoming veterinarian, who was CEO of a Wyoming company that in some areas competed with the Maine research company. In the course of several months of e-mail and letter communications between the
Some states distinguish between illegal pyramid schemes and illegal lotteries, making the penalties higher for lottery convictions than for pyramid convictions. Can a participant in a pyramid scheme, a misdemeanor, be charged under the felony lottery statute? If so, when? When would the state be
The defendant entered the home of a man he believed had drug money hidden. He held a gun on the man and a woman seated next to him and demanded the money. When the man refused, the defendant shot him. He then demanded the woman find the money. While searching, the woman escaped. Can the defendant
Washington State has a statute making robbery of a “financial institution” a crime. The defendant was convicted of robbing a bank. On appeal he argued his conviction must be reversed because the prosecution presented no evidence that the robbery took place at a business that met the definition
Defendant went to the victim’s house supposedly to look at and buy a rifle owned by the victim. When the victim gave the rifle to the defendant to inspect, he turned the rifle on the victim and refused to give the rifle back. Can he be convicted of robbery? What argument can he make that he
The defendant had brief sexual affairs with several men. In each case after the affair was over, she wrote to the man and demanded money, or she would make a criminal complaint against him charging sexual assault. In some cases she did in fact make such a complaint. Can her conviction for extortion
The parents of two children in the custody of state authorities stopped a van in which the children were passengers and at gunpoint expelled the state officers from the van. They drove the van a short distance and abandoned it. Can they be convicted of theft of the van? See State v. Christine, 93
A defendant invited a few of his friends out for a fancy dinner. The tab was $20,000. The defendant did not pay the bill. What should the charge be, theft of services or theft of goods?What must the prosecution prove to convict the defendant? See People v. Wilson, 751 N.Y.S.2d 720(N.Y. 2002), and
A state statute makes it a crime to steal a “financial transaction device.” Can a defendant who takes credit card numbers from receipts he sees at his job be convicted under this statute? See State v. Rhea, 636 N.W.2d 364 (Neb. 2001).
Most states have consolidated the various common law larceny offenses into a general theft offense.Where that has happened, under what circumstances, if any, may a defendant be charged and convicted of separate offenses for “taking,” “retaining,” or “disposing of” stolen property? See
In State v. Bacon, 2005 WL 758065 (Conn. 2005), the defendant was convicted under Connecticut’s child pornography laws. Based on the U.S. Supreme Court decisions discussed in this chapter, what issues would you expect the defendant to raise on appeal? How did the court resolve those issues? Was
A man is parked in his car on a city street at night.A woman approaches the car and gets in without being invited. Inside the car the woman offers to perform a sex act for money. Can the woman be prosecuted under the following statute? A person who “solicits or accepts a solicitation to engage
New Jersey passed a sexual predator law in 1998 that provides for civil commitment of convicted sexual offenders. In In re Commitment of W.Z., 801 A.2d 205 (N.J. 2002), the New Jersey Supreme Court remanded a case to the trial court to decide if the defendant could be committed under the statute,
Consent by the victim is often raised as a defense to charges of sexual assault or rape. When must that consent exist? If consent is once given, can it be retracted? What should the rules be for retraction of consent? See State v. Bunyard, 133 P.3d 14(Kan. 2006).
Parental kidnapping usually involves a noncustodial parent running off with a child while visiting with the child. In such a case, the retention of the child is kidnapping because the parent has no right to continued custody of the child. Can a parent who has joint custody, with the other parent,
A woman sued a former boyfriend, seeking the return of personal property held by the boyfriend.The lawyer representing the boyfriend stated that a judgment against the boyfriend would be no good, because “she (the lawyer) didn’t know where he was living.” The woman poked the lawyer in the
In those states, and there are many, that include“recklessly” in their aggravated assault or aggravated battery statutes, there is generally a requirement that the “reckless” behavior show an“extreme indifference to the value of human life.”Wyoming has such a statute, Wyo. Stat. Ann. §
When a riot occurs in a prison, the inmates sometimes seize a guard or other prison employee and hold that person during the period of the riot.Not all the inmates will directly participate in seizing or holding the guard, even if they otherwise participate in the riot. When the riot is quelled,
Should the defendants in the following cases be charged with murder, manslaughter, a lesser offense, or no crime at all?During a domestic argument, a wife taunted her husband with words that enraged the man. He killed his wife. See Girouard v. State, 321 Md.532, 583 A.2d 718 (1991).The victim threw
Steele and another security guard working for a nightclub scuffled with a customer in the club’s parking lot. The customer got in a car with other people in it and took a gun out of the glove compartment. He pointed the gun at the back window, where Steele was standing. Steele shot into the car,
On April 5, 2007, FBI Special Agent Barry Bush was killed by an accidental discharge of another agent’s weapon while the agents were in a shootout with three bank robbery suspects. Can the bank robbers be charged with felony murder? Does any theory of felony murder exist that would support such a
Several members of the Vatos Locos were sitting in or standing near a car parked in South Minneapolis, part of the “territory” of the Surenos 13 gang.The defendant Cruz, a member of the Surenos 13 gang, arrived as a passenger in another car, and upon exiting asked “Que barrio,” meaning,
The city of Monrovia, California, passed an ordinance that prohibited school-age children from being in public places during school hours on school days. Citations were issued by police who discovered children in violation of the ordinance. Is this a truancy law? If so, would it be valid in
Massachusetts General Lawc. 269, Section 1, first passed in 1750, states: “If five or more persons, being armed with clubs or other dangerous weapons, or if ten or more persons, whether armed or not, are unlawfully, riotously, or tumultuously assembled in a city or town … any member of
A man stood outside a dentist’s office and near a church where children were being dropped off for day care. Believing the church supported abortion rights, the man yelled at the children, “Why are you going in there? They kill babies.” Many of the children were visibly upset by the man’s
The defendant and his girlfriend were arguing, and the defendant punched the girlfriend. Neighbors saw the punch and called the police. As they were arriving, the defendant left in his car. While the police were talking with the woman, the defendant called her on her telephone. The police officer
One form of punishment permitted, but not often used, is banishment from a particular location for a specific time. What are some of the issues that might arise if a defendant objects to such a punishment? Which of the two banishments imposed in the following cases should be upheld?a. State v.
Many states use a lethal injection system for execution of convicted killers. California is one of those states. What issues are raised when an inmate facing lethal injection contends that the method is unconstitutional because the procedure causes unusual pain and suffering? How should they be
Bajakajean (“B”) was convicted of the federal crime of willful transportation of U.S. currency in excess of $10,000 outside U.S. borders. B had $357,144 in his possession and was about to board a plane for Italy when arrested. He was sentenced to three years’ probation and fined $15,000.The
Were the sentences in the following well-publicized cases appropriate in achieving the goals of the criminal justice system?
Defendant was charged with murder and with assault with the intent to commit murder. At her trial she claimed that she took the actions because of the demands made by her abusive boyfriend, who told her he would hurt her if she did not do what he demanded. Is the defendant entitled to assert the
The police left a car sitting in a parking lot with the keys in the ignition and the driver’s door open.The defendant walked by, saw the open door, looked in, saw the keys, and got in the car. As he drove away, the police stopped him and charged him with motor vehicle theft. Does the defendant
Gorday stopped a motorist parked in a shopping mall, and holding a scissors pointed at the motorist, demanded the motorist’s purse. After taking the purse, Gorday took a credit card from the purse and used it to buy gasoline for her car. She was apprehended while doing so and charged with armed
Assume a thief steals a credit card and uses the card in several separate instances. Can the thief be charged with multiple violations of a state statute that makes it a crime to “knowingly obtain, possess, use, or transfer a means of identification or financial information of another”? Why or
The battered woman syndrome has met with mixed success when urged as a defense to charges against the woman for attacks on her abuser, unless the attacks occurred during an incident of abuse.Should the prosecution be able to use the syndrome in the following case? The defendant was charged with
After a high-speed chase, with speeds in excess of 100 mph, police officers forced a vehicle off the road. The driver of the vehicle refused repeated demands by the police officers to exit the vehicle and was forcibly removed by the officers. The driver, a woman, brought a Section 1983 action
Does the “castle” doctrine apply to an area outside the home (called the “curtilage”)? See People v.Riddle, 649 N.W.2d 30 (Mich. 2002), where a homeowner claimed the “castle” doctrine permitted him to use deadly force against another person in his driveway, without first seeking a safe
Was the use of force justified in the following two situations?a. A 19-year-old woman was raped by two men.She subsequently invited them for a return date, at which time she killed one with a shotgun, while the other man fled.b. A 62-year-old retired army officer was awakened by noise in his home.
Should the insanity defense be available for defendants charged with strict liability crimes, or crimes that require no proof of any specific intent? Can the prosecution argue that because the crime has no intent requirement, it should not be relevant that the defendant could not know what he was
What exactly must the defendant prove to establish the insanity defense? Is it enough to prove a mental defect or disease? If a defendant charged with possession of a controlled substance with intent to deliver proves he suffered from syphilitic encephalopathy, and that this condition caused him to
Section 4.01 of the Model Penal Code, the “substantial capacity” test, states in subsection 2 that mental disease or defect does not include “an abnormality manifested only by repeated criminal or antisocial conduct.” This language was clearly adopted to exclude the psychopath, that is, a
In the 1998 trial of Theodore Kaczynski, who was charged in a California federal court of being the Unabomber, a federal judge ordered Kaczynski to undergo mental evaluation to determine whether Kaczynski was competent to stand trial for the criminal charges. In such cases, what does incompetency
Assume two people enter into a conspiracy to distribute drugs. One person, A, is a convicted felon.The other, B, is not. During the conspiracy, but unknown to B, A obtains possession of a gun, a violation of a firearms statute prohibiting a convicted felon from owning or possessing a firearm.Can B
The defendant planned to kill a woman with whom he had a sexual relationship. He asked a friend to drive the victim and him to an abandoned farm, where he stated he would kill the victim. The friend agreed but instead told the police about the conversation. The police arrested the defendant and
The rule that “bad thoughts alone” cannot constitute an attempt results in the requirement that the defendant must have taken some steps to put the bad thoughts into action. Moreover, these steps must be, in the language of the Model Penal Code,“substantial” enough to “strongly
When one parent abuses a child, may the state charge the other parent with accomplice liability for that abuse? Since most states define accomplice liability in terms of “aiding” another in the commission of a crime, what must the state prove the other parent did? Does the state’s definition
Most states make it a crime to purchase alcohol for a minor, sometimes called the shoulder tap crime, based on the typical manner a request by a minor for an adult to purchase alcohol occurs. These crimes generally do not require proof that the defendant knew the person for whom the alcohol was
Inferences can be drawn in the following two situations, but would they be strong enough to justify issuing criminal charges? Would conclusions drawn from these inferences or presumptions violate the Due Process Clause? Why or why not?a. A state statute states that a person commits an offense “if
The defendant, James Jackson, testified at his criminal trial that he had shot and killed his friend, Mrs. Cole. Jackson also testified that he was not drunk at the time of the shooting but that he had been “pretty high.” He testified that Mrs. Cole had taken off some of her clothes and then
After the Supreme Court’s decision in FloresFigueroa, discussed on page 58, what should be the results in the two following cases on the government’s duty to prove what the defendant “knew”:For a conviction under the Mann Act, 18 U.S.C. §2421, which makes it a crime to
In 2007 the U.S. Supreme Court decided Gonzales v.Carhart, 127 S. Ct. 1610 (discussed in Chapter 9). In that case, the Court held that the Partial-Birth Abortion Ban of 2003 was constitutional. In a short concurring opinion, Justice Thomas noted that the question of the power of Congress under the
Kasi was convicted in Virginia State Court for the murder of three CIA employees outside CIA headquarters in Langley. After the killings, Kasi escaped from the United States and returned to his native Pakistan. Four years later, FBI agents discovered Kasi in Pakistan and forcibly abducted him back
Wheeler, a Navajo tribal member, was convicted in tribal court of contributing to the delinquency of a minor. He was subsequently indicted in federal court for statutory rape arising out of the same incident.a. If the above occurred in the same jurisdiction, would it violate the Double Jeopardy
In 18 U.S.C. Section 931, Congress made it a federal crime for any convicted felon to possess body armor. The defendant, a convicted felon, was charged under this statute when he was found wearing a bulletproof vest. The vest was manufactured in another state but had been moved to the defendant’s
Under the reasoning of Robinson v. California and Jones v. City of Los Angeles, discussed in this chapter, may the city of Chicago pass an ordinance that permits the police to order a homeless person found sleeping in an airport seating area to leave, and if that person does not, arrest the
Creek was charged with the crime of kidnapping a child. During the entire kidnapping, the child, Adam, remained asleep. Under relevant state tort law, Adam could not recover damages from Creek for the tort of false imprisonment, because to do so, a victim must be conscious during the
Michael was almost 18 years old. Around midnight on a summer’s night, he approached a 16½-year-old girl, Sharon, and her sister as they waited at a bus stop. The girls had been drinking. Michael and Sharon moved away from the others and began to kiss. When Sharon objected to Michael’s sexual
Pestinikas and his wife verbally agreed to provide food, medicine, and other necessities to a sick and elderly 92-year-old man. Unfortunately, Pestinikas and his wife failed to provide the food and medical care they had been paid to provide. The state can prove that the 92-year-old man’s death
What are the elements of material support for terrorism? Provide examples of some provisions of the material support statute that courts have considered “void for vagueness.” What are the arguments for and against prosecuting individuals for providing material support to terrorists or to
Should individuals be held criminally liable for cruelty to “wild” animals?
Define the legal standard for obscenity and child pornography.
Are prostitution and soliciting for prostitution victimless crimes?
Why do some commentators argue that the criminal law is overreaching?
Considering the 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.
How does the U.S. Supreme Court define obscenity?
What are the elements of the crime of prostitution?
What was the constitutional basis for the Supreme Court’s holding Chicago’s Gang Congregation Ordinance unconstitutional?Explain the reasoning of the Supreme Court.
What constitutional objections have been raised to vagrancy and loitering statutes?
Distinguish between vagrancy and loitering.
What is the difference between disorderly conduct and riot?
List specific acts constituting disorderly conduct.
Who poses a greater threat to society, white-collar or common criminals?
Should the federal government use its interstate commerce power to prosecute what are traditionally considered state criminal offenses? Why not let state government pursue criminal prosecutions?
What is public bribery? Why is bribery a crime? How is it distinguished from graft?
Discuss the purpose of the Sherman Antitrust Act. Give an example of an antitrust violation.
Why is money laundering considered a criminal offense? Provide an example of money laundering.
What areas are covered under the federal Health Fraud Act?
Discuss the purpose of the Travel Act.
What are the elements of mail and wire fraud? How do they differ from one another?
Define insider trading. Why is insider trading considered a crime?
What is the purpose of criminal prosecutions under OSHA?
List some of the acts that are considered environmental crimes.
Do you believe that the federal government should make it a priority to prosecute white-collar crime?
Should criminal law textbooks devote a separate chapter to the discussion of white-collar crime?
What are the various approaches to defining white-collar crime?
Write an essay briefly summarizing property crimes. Address whether we still require the various property offenses that were developed by the common law.

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Contemporary Criminal Law Concepts Cases And Controversies 2nd Edition Mashood A. Baderin - Solutions

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