Questions and Answers of Criminal Law

Would prostitution be more injurious or less injurious to the public health, welfare, and morality if it were legalized and regulated?
Is “mooning,” a common adolescent prank, a form of indecent exposure in your state?
How are laws proscribing obscenity susceptible to the overbreadth and vagueness challenges?
Given the fact that there are millions of Internet users throughout the United States, is it appropriate for courts to apply the “contemporary community standards”test in making determinations
Do you think Congress can devise a law that will pass constitutional muster to protect children from Internet pornography? What suggestions do you have in this area?
What, if any, constitutional objections could be raised against a city ordinance making it a criminal offense “to use profane language in a public place”?
What forms of gambling are legal and illegal in your state? Are there any particular games that fall into a gray area between permitted and prohibited activity? Is church bingo legal in your state?
Tanya Thong has been convicted of indecent exposure stemming from an incident in which she appeared topless on a public beach. On appeal, Thong argues that the indecent exposure statute amounts to
Gerald N. runs a video game arcade. One of his most popular games is called Video Blackjack. Essentially, the game is a computerized form of blackjack in which the contestant plays against the
Go to the Web. Locate your state’s criminal statutes. Determine whether possession of small amounts of marijuana is a felony, a misdemeanor, or a noncriminal infraction in your state.
Should chronic alcoholism be a defense to intoxication offenses such as public drunkenness or driving under the influence?
Is requiring a person suspected of driving while intoxicated to submit to a blood-alcohol test a violation of the Fifth Amendment prohibition against compulsory self-incrimination?
Is it sensible to maintain the criminal prohibitions against illicit drugs, or should these substances be legalized, carefully regulated, and their abuse dealt with through other means?
What are the typical difficulties facing prosecutors in drug possession cases?
Why, according to Robinson v. California, may a person not be held criminally liable for being addicted to illicit narcotics? Is this decision distinguishable from Powell v. Texas?
Is the drug court method of dealing with nonviolent drug offenders superior to the traditional methods of imposing a fine or jail term or placing the defendant on probation? Should drug courts limit
How does the prosecution establish that a defendant is in constructive possession of illicit drugs?
To what extent have the federal courts approved drug testing of students in public institutions?
To what extent has the U.S. Supreme Court placed restrictions on forfeiture of real estate involved in drug trafficking operations?
Name some items that would ordinarily be subject to confiscation under a statute proscribing possession of drug paraphernalia.
Late one night, a deputy sheriff found Ronald Rico in his car parked on the side of a road in a rural area of the county. Rico was at the wheel, the headlights were on, and the radio was playing at a
During the late afternoon, police were called to quell a disturbance at a motel where the management had reported some disorderly conduct and apparent drug use. Outside the motel, the police observed
Go to the Web. Locate your state’s criminal statutes online. Determine whether your state has its own laws against racketeering or other forms of organized crime. Use your state government’s
Is it appropriate to define “white-collar offenses” by focusing on the offender’s social and economic status?
What is the federal constitutional authority for enacting (a) antitrust and wire fraud laws? (b) postal offenses? (c) securities laws? (d) bankruptcy laws?
Why do federal criminal statutes figure so prominently in the context of whitecollar offenses?
Under what circumstances can a corporation be held legally responsible for a white-collar offense committed by one of its agents or employees?
Why does the rationale for federal antitrust and securities laws require the availability of both civil and criminal sanctions?
What criminal offenses described in Chapters 5 through 9 can be committed by using a computer?
Describe a factual scenario that could occur in the operation of a municipal or county government in your state that could likely result in a person’s being prosecuted under the Hobbs Act.
What led Congress to the realization that the traditional common-law transactional approach to crime was inadequate to deal with organized crime?
What is required to establish a “pattern of racketeering activity” under RICO?
How does RICO define “enterprise,” and what is its significance in prosecution of RICO offenses?
An elderly widow whose income was derived primarily from Social Security and a small pension owned $100,000 in government bonds that she inherited from her late husband. Other than her home and a
At a state peace officers’ convention, two police officers from Sedateville, a small rural community, developed a friendship with two officers from Trendville, a metropolitan city. Gambling, except
Go to the Web. Locate your state’s statutes. Search your state’s environmental laws. Determine which, if any, prohibitions involve criminal sanctions. What, if any, additional criminal sanctions
Are criminal sanctions essential to the effective enforcement of food, drug, and cosmetic laws?
Should the term “responsible corporate officer” be explicitly defined by statute, or should courts make this determination on a case-by-case basis?
Does your community impose criminal penalties for violations of zoning regulations?If so, are violations treated as strict liability offenses? Why is it often more effective for a local governmental
Should efforts be made to formulate a model state code of environmental regulations?
Should environmental crimes that carry major penalties be strict liability offenses, or should prosecutors be required to prove that a defendant knowingly or willfully committed an offense?
Do you think hunting and fishing violations should be decriminalized and treated as civil infractions in the way that many states treat less serious traffic offenses?
Can you describe some instances where it is advisable to seek injunctive relief rather than imposing criminal penalties for violations of environmental laws?
Where smoking is prohibited by law in workplaces, restaurants, and bars, should violations be treated as civil or criminal infractions? What, if any, exceptions should be provided in such laws?
Two boys died of asphyxiation after playing in a dumpster in which a toxic solvent was disposed of improperly. The solvent was placed in the dumpster by workers at a nearby industrial plant. Under
Hoss Tile is arrested after police are called to the scene of a private social club where Tile is a member. The police are called because Tile refuses to extinguish his cigarette in the dining room
Go to the Web. Locate your state’s criminal statutes. Examine your state’s gun control laws. In your judgment, are these laws too permissive or too restrictive?Are any of these statutes
Why has it been necessary for American courts to interpret laws proscribing breach of peace and vagrancy more strictly than did the English common-law courts?
How does the Federal Anti-Riot Act seek to prevent the definition of “to incite a riot” from being applied in such a way that it violates First Amendment guarantees of freedom of expression?
Is an ordinance that defines “disturbing the peace” simply as “tumultuous or offensive conduct” sufficiently precise to meet the constitutional standard of giving a person of ordinary
How did the Jacksonville, Florida, vagrancy ordinance invalidated by the Supreme Court in the Papachristou case offend the Constitution of the United States? Have the reforms in vagrancy laws at the
Based on the ruling of the Supreme Court in City of Chicago v. Morales, what protections of the individual do you think must be included in an ordinance proscribing loitering?
Assume you are working as a staff assistant to a state legislator who intends to introduce a law making it an offense to solicit funds by “panhandling” on streets and in parks. You are asked to
Have traffic offenses been decriminalized in your state? To what extent? What procedures are available to contest a traffic ticket?
Why have the courts refused to interpret the Second Amendment’s protection of the “right to keep and bear arms” to prohibit gun control legislation? On what bases other than the Second
To what extent does the First Amendment protect the right of citizens to advocate on behalf of groups that have been labeled as terrorist organizations by the federal government?
Under what circumstances does the law permit the government to prosecute a person who publicly advocates the violent overthrow of the U.S. government?What constitutional considerations come into play?
Evaluate the criticism leveled against the USA PATRIOT Act that the sections quoted in the text unconstitutionally deprive individuals of their civil liberties by such vague terms as “acts intended
Are acts of terrorism perpetrated against the United States by foreign nationals more appropriately viewed as crimes or acts of war? Is the criminal justice system the appropriate means of dealing
What should be done about the millions of foreign nationals who have entered the United States illegally? Should they be prosecuted for immigration offenses, deported to their countries of origin, or
Consider the following hypothetical case: Members of the American Nazi Party announced a demonstration to be held in Pleasant Ridge, a predominantly Jewish suburb of Metropolis. The Pleasant Ridge
The city of Dystopia experienced difficulties with groups of rowdy individuals congregating on downtown sidewalks and harassing passersby. When the local police were unable to control the situation
Go to the Web. Locate the decisions of your state’s highest appellate court.Search the court’s recent decisions for references to any of the offenses. Find the most recent of these decisions and
To what extent have contemporary legislative bodies expanded the scope of bribery to cover classes of persons beyond public officials?
How does the requirement that the prosecution prove a defendant’s specific intent to deceive protect citizens from unwarranted prosecutions for perjury?
Contrast the common-law rule allowing a person to resist an unlawful arrest with the modern trend of requiring citizens to submit to unlawful arrests by police officers.Which approach makes more
Is a state statute that makes it a criminal offense “to hinder or delay a law enforcement officer in the performance of his or her duties” likely to be held void for vagueness under the tests?
Would a person who accepts the return of stolen goods from a thief without agreeing to refrain from filing a criminal complaint be guilty of compounding a crime?
Name some acts that would likely be considered obstruction of justice under federal and state statutes.
Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts
Have courts aided society by allowing escapees from prison to defend their actions on the basis of intolerable prison conditions? Are such conditions likely to be remedied by the legislative process?
Should courts allow an escapee from prison to assert as a defense the prison’s failure to provide essential medical treatement to the prisoner? If this is to be recognized as a basis for a defense
Describe some specific acts that a trial judge could justifiably consider to be direct contempts of court.
Why does the law require more formal proceedings in cases of indirect contempt than in cases of direct criminal contempt?
The state charged Larcen Inmatio with escape from prison. The court appointed the public defender to represent him. You are assigned to investigate the case and report your findings to the public
Early one evening Alden Dancio was sitting at a table in a tavern with his girlfriend and two other couples. They had been drinking beer and were talking and laughing. A local uniformed police
Use the Internet to examine your state statute dealing with the insanity defense and any judicial decisions interpreting the statute. What is the test for determining insanity in your state? Who
In general, courts permit intoxication evidence only to the extent that it negates the mens rea of a specific-intent crime. Should evidence of voluntary intoxication be allowed for both
What is the test for insanity in your state? Who has the burden of proof once the defendant introduces some evidence of insanity? Do you think the test in your state adequately protects (a) the
Should the courts recognize battered woman syndrome as a defense to assaultive and homicidal crimes by a woman living with a man who continually batters her?What position does your state take on this
Explain the difference between the objective and subjective approaches to the defense of entrapment. Which approach is more just? Why?
Should the law require a person to retreat when attacked in his or her own home? Should the law make a distinction between co-occupants? Explain the justification for your view.
A few states have recently enacted statutes removing any duty to retreat if a person is attacked in a vehicle where he or she has a right to be. Some allow a person attacked to presume the attacker
Increasingly, states have enacted “anti-hazing” laws aimed particularly at the initiation procedures of certain fraternal organizations. Most make it a misdemeanor; a few make it a felony where
The Fifth Amendment to the U.S. Constitution requires the court to grant use immunity to a witness who is required to testify over a legitimately invoked right of self-incrimination. In some states,
To what extent, if at all, do you think the courts should interfere with the right of a parent to opt for spiritual, as opposed to medical, healing for a child who suffers from a curable disease?
Can one make a credible argument that any one of the nontraditional defenses outlined in the chapter should be accepted as a defense to criminal conduct?
The majority of courts hold that ignorance or even a bona fide belief that a minor is of legal age does not constitute a defense to prosecution of such strict liability offenses as (a) voluntary
The maxim “ignorance of the law is no excuse” is derived from an age when laws were much simpler than today’s sophisticated legal codes. Assume you are working as a staff person for a state
While taking his nightly walk, Charley Goodneighbor saw Joe Macho commit a battery on Charlene Loverly, a fourteen-year-old girl. Goodneighbor came to Loverly’s defense and struck Macho so hard it
Nathan Ninja, who holds a black belt in karate, arrives at his home to find an intruder fleeing from the garage. Ninja pursues the intruder across the front yard and catches him in the street. An
Sally Shopper drives a 1995 gray Honda Accord. She parks it in a shopping center lot while she shops. Two hours later, Shopper enters a car parked nearby that is almost identical to hers. As she
A destitute homeless man steals food from a convenience market. When prosecuted for theft, he pleads the defense of necessity. The prosecutor urges the trial judge to strike the defense on the ground
A defendant was found guilty of having forcible sexual intercourse with a fifteen-year-old female of previous chaste character. He is charged, convicted, and sentenced for violating two statutes: (a)
The police suspect Mary Jane Hemphill of having sold marijuana at the Sibanac Bar. An undercover agent approaches her and asks her to go out with him. After a movie, the agent says that he would like
Boris Bottlemore has just finished celebrating his new job promotion by consuming ten double shots of bourbon in a bar near his home. He staggers from the bar to his home, which is one of twenty
Go to http://www.findlaw.com/casecode/supreme.html. Locate the Supreme Court’s decision in United States v. Ramirez, decided March 4, 1998. Read the decision. Write a brief summary of the decision
Today many security personnel are “private police,” yet Fourth Amendment protection has been extended only to those searches conducted by government officials. What arguments can be made for and
What rationale supports the “search incident to arrest” exception to the warrant requirement? What limitations do the courts impose on such searches?
Should one have a reasonable expectation of privacy from infrared detectors and other high-tech devices that enable law enforcement officers to “see” heat emanating from a person’s home? Why or

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