Criminal Law 11th Edition Joel Samaha - Solutions

Does Rokicki have a point when he argues that the statute prohibits only some kinds of hatred—race, ethnic, and sexual orientation—but not other kinds, for example, hatred for animal rights and abortion? Defend your answer.
Do you think the purpose of this statute is to prevent disorderly conduct or expression?
In your opinion, does the statute punish speech or nonexpressive conduct?
According to the court, why doesn’t the Illinois Hate Crime Statute violate Rokicki’s right to free speech?
List all of the facts relevant to deciding whether Kenneth Rokicki violated the hate crime statute.
State the elements of the Illinois Hate Crime Statute.
In your opinion, was the statute clear to a reasonable person? Back up your answer with the facts and arguments in the excerpt and information from the void-for-vagueness discussion in the text.
According to the dissent, why was the ordinance clear enough to pass the void-for-vagueness test?
According to the majority, why was the ordinance vague?
State the test the court used to decide whether the ordinance was void for vagueness.
List all of Metzger’s acts and any other facts relevant to deciding whether he violated the ordinance.
State the exact wording of the offense Douglas Metzger was convicted of.
Describe the text-case method and how to apply it to the study of criminal law. The text part of the book describes principles of criminal law, while the case excerpts involve real-life crimes that apply them to real-life situations. This book is one example.
Describe the role of informal discretion and its relationship to formal criminal law.Discretionary decision making is decision making that’s hidden from view. It includes the police decision to investigate or not, the prosecutor’s decision to charge, judges suspending sentences, and more.
Define “presumption of innocence” and “burden of proof” as they relate to criminal liability. The most common and well-known burden of proof in prosecuting criminal conduct is proof beyond a reasonable doubt. Another standard, used for affirmative defenses such as justification and excuse,
Define “criminal punishment,” “criminal and noncriminal sanctions,” and the purposes of each. Criminal punishment is a special form of pain or other unpleasant consequence that goes beyond noncriminal sanctions (deserving of monetary award in a civil lawsuit), regulated behavior (laws
Describe the relationship between the general and special parts of criminal law. General principles of criminal law apply to many or all crimes. General principles include the standard of voluntary action, criminal intent, complicity (crimes that make one person responsible for another’s
Define what behavior deserves criminal punishment. Crimes are acts deserving of the strongest sanction and stigma of a society. Criminal punishment is the least common and most drastic reaction to unwanted behavior.
Does the trial court judge’s sentence fit the two components of retribution—condemnation and hard treatment? Defend your answer with information in the text and in the court’s opinion.
What sentence in your opinion would best further the purpose of retribution? Of rehabilitation?Back up your answer with information from the text and the court’s opinion.
Summarize the reasons the Alaska Supreme Court unanimously disapproved the sentence.
Summarize the trial judge’s arguments for Donald Chaney’s sentence.
Would you recommend that your state adopt a reporting reward policy? Why would it be ethical (or unethical)?
Which, if any, do you consider it unethical to report?
Which, if any, do you consider it ethical to report?
List all the crimes the paparazzi report.
What’s the appropriate punishment for criminal behavior?
What behavior deserves criminal punishment?
To appreciate that “providing material support or resources” is open to constitutional challenges.
To know that the most commonly prosecuted crimes against the state since September 11, 2001, have involved alleged terrorists or terrorist organizations.
To appreciate that crimes against potential terrorist attacks are subject to the limits placed on traditional criminal law.
To know the definition of three ancient crimes of disloyalty: sedition, sabotage, and espionage.
To know that treason is the only crime defined in the Constitution; that it’s a fundamental weapon against present allegiance and support to foreign enemies; and that it’s very difficult to prove because of its history.
To understand how defining and applying crimes against the state reflects the enduring idea of balancing security and freedom during wartime emergencies.
To know that “victimless crimes” against public decency (the ancient “crimes against public morals”) generate heated disagreement and debate between those who believe that criminal law should enforce morality and those who believe the nonviolent behavior of competent adults is none of the
To appreciate that the empirical evidence on the effectiveness of civil gang injunctions in controlling gang behavior is mixed.
To understand that fear of gangs has led state and city governments to enact criminal laws that allow them to obtain civil gang injunctions that regulate gang behavior.
To know the definition of panhandling and understand how laws to restrict it have led to claims that they violate the First Amendment ban on free speech.
To know the difference between vagrancy and loitering and to understand the history of laws that address these crimes.
To appreciate that a consensus among all classes, races, and communities that bad public behavior of “street peoples” and “street gangs”should be controlled has shaped the content of the criminal law.
To understand that most people are more worried about bad public manners than they are about serious crimes.
To know and understand why the “broken windows” theory claims that “quality of life”crimes are linked to serious crime.
To know the definition of disorderly conduct and its individual and group forms.
To understand and appreciate that efforts to control bad manners in public create a tension between order and liberty in constitutional democracies.
To know and understand how our present“quality of life” offenses aimed at controlling“bad manners” in public grew out of the ancient offense of disorderly conduct.
To appreciate that intellectual property theft causes annual losses of billions of dollars each year, and the amount appears to be increasing greatly.
To know and appreciate that there are more than twice as many victims of identity theft in the United States than burglary, vehicle theft, and robbery combined.
To understand that criminal trespass used to be limited to unauthorized invasions of physical property, but now it includes unauthorized access to electronic information systems.
To appreciate that the heart of both burglary and criminal trespass is invading other people’s property, not taking, destroying, or damaging it.
To know the elements of criminal mischief.
To know that “destroying or damaging”property crimes include both the felony of arson and the misdemeanor criminal mischief.
To know that it’s illegal to receive stolen property, but only if you intend to keep it permanently.
To appreciate that the heart of robbery is the use of actual or threatened force to obtain someone else’s property right now.
To know that the federal mail fraud statute defines false pretenses much more broadly than common law crimes of fraudulently taking other people’s property.
To know how consolidated theft statutes combined the laws of larceny, embezzlement, and false pretenses into one offense called “theft.”
To know the different “taking” crimes—larceny, embezzlement, false pretenses, white-collar crime, robbery, and receiving stolen property.
To understand that the crime of theft grew out of the general social concern with violent crimes against persons.
To know that crimes against other people’s property consist of taking, damaging or destroying, and invading property.
To know that kidnapping and false imprisonment violate the right of locomotion.
To remember that stalking, although an ancient practice, is a new crime that’s based on causing fear.
To appreciate that since the early 1970s, domestic violence crimes have been transformed from a private concern to a criminal justice problem.
To know that assault and battery are two separate crimes.
To know that sex offenses are graded based on several criteria.
To remember that statutory rape is a strict liability crime in most states.
To know that rape is a general-intent crime.
To understand that rape can be accomplished with no extrinsic force—or threat of force—if fraud of fact or fraud of inducement is used by the perpetrator.
To understand that force beyond the degree required to complete sexual penetration or contact isn’t always required to satisfy the force requirement in rape.
To know and understand the elements of modern rape law.
To know that during the 1970s and 1980s, sexual assault reform changed the face of criminal sexual assault law.
To know that the requirements of common law rape have been dramatically altered in modern rape statutes.
To understand that the vast majority of rape victims are raped by individuals they know.
To know that crimes against persons boil down to four types: taking a life, unwanted sexual invasions, bodily injury, and personal restraint.
To appreciate that voluntary and knowing consensual sexual behavior between two adults is legal, healthy, and desired.
To understand that criminal negligence homicide statutes cover a wide field, from the most common, unintentional deaths caused by operating vehicles and firearms to practicing medicine illegally, handling explosives, delivering dangerous drugs, allowing vicious animals to run free, failing to care
To know that the central elements in involuntary manslaughter are its actus reus(voluntary act or omission) and its mens rea(unintentional killing), causing the criminal harm of death.
To know that provocation isn’t an excuse for criminal homicide; it only reduces the seriousness of the crime and the punishment to allow for human frailty.
To understand that the heart of voluntary manslaughter is an intentional, sudden killing triggered by an adequate provocation.
To understand that most criminal homicide statutes can be applied to corporations, but prosecutions are rare.
To know the definition, history, and current use of felony murder as a charge.
To learn the degrees of murder that exist in the United States today.
To know the elements of murder.
To understand how degrees of murder developed throughout history and their relation to capital punishment.
To appreciate that the meaning of “person” is integral to homicide law and understand how that presents problems at both ends of the life cycle.
To appreciate that most of the law regarding criminal homicide is about grading the seriousness of the offense. Grading murder into first and second degree is important because only first-degree murder qualifies for the death penalty.
To understand that criminal homicide is different from all other crimes because of the finality of its result: the death of the victim.
To understand that punishing solicitation is based on the same idea as punishing conspiracy: to stop such crimes from happening before they start, anticipating the dangers of group criminality.
To understand the Racketeer Influenced and Corrupt Organizations (RICO) Act and how it works against organized crime.
To know the different types of conspiracies.
To understand that punishing conspiracy and solicitation to commit a crime is based on nipping in the bud the special danger of group criminality.
To understand that voluntary and complete abandonment of an attempt in progress is a defense to attempt liability in about half the states.
To understand that legal impossibility is a defense to attempt liability and that factual impossibility is not.
To understand that the actus reus of attempt is an act that goes beyond mere preparation but not far enough to complete the crime.
To know the mens rea of inchoate crimes is always the purpose or specific intent to commit a specific crime.
To understand that liability for criminal attempt offenses is based on two rationales: preventing dangerous conduct and neutralizing dangerous people.
To appreciate the dilemma inchoate offenses present to free societies and know the three different ways inchoate offenses are resolved.
To understand that inchoate offenses punish people for crimes they’ve started to commit but haven’t finished committing.
To know that vicarious liability has to be created by statute.
To understand that vicarious liability can apply either to enterprises (mainly business) or to individuals.
To know the definition of vicarious liability.
To understand that the core idea of accessory liability is that it’s not as blameworthy to help someone else escape prosecution and punishment as it is to participate in the crime itself.

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Criminal Law 11th Edition Joel Samaha - Solutions

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