Questions and Answers of Criminal Law

In defendant’s appeal from his conviction for depraved indifference murder for the shooting death of a 13-year-old boy, the sole question we address is the legal sufficiency of the evidence.
On July 12, 1987, a fire broke out at the largely abandoned Crest apartment building in Seattle. Robert Earhart was one of nearly 70 City of Seattle fire fighters who responded to the alarm. Fire
For purposes of defining homicide, when does life begin and end? Why?
Provide an example of a noncriminal homicide.
When is a murder convict eligible for the death penalty, and how is the decision reached?
What is the difference between first-degree and second-degree murder?
What elements are necessary for a voluntary manslaughter conviction?
Explain the limitations that have been placed on the felony murder rule.
What is the difference between physician-assisted suicide and euthanasia? Which, if either, is criminal?
What is corporation murder? Can a corporation be found guilty of murder?
Each of appellant’s four convictions of forcible rape involved a different victim but a similar scenario. Count 1: V.B. In late October of 2007, V.B. was working as a prostitute on Motel Drive when
We relate the evidence in the light most favorable to the Commonwealth. On the day of the incident, the sixty-six year old victim went to an apartment building that she owned. Her purpose was to
Whenever a man does a thoroughly stupid thing, it is always from the noblest motives . . . The Government alleges that on or about February through February 10, 2010, Defendant committed the crime of
How does sexual assault compare to rape?
Explain the mens rea of rape.
What legislative developments have affected a prosecutor’s ability to prove rape in court? Explain.
Explain the five parts of the actus reus of robbery.
What is the mens rea of robbery?
Why do some states treat armed robbery different than other forms of robbery?
What is battery, and how does it differ from assault?
Should assault and battery be defined separately in the penal code? Why or why not?
Can a person be a victim of battery without an assault? If so, explain.
The term “kidnapping” is a misnomer. Why?
Compare and contrast kidnapping and false imprisonment.
Carjacking combines elements of what two offenses?
Compare and contrast harassment and stalking.
Monroe stole a gas stove from his apartment when he moved out. Gas seeping from the stove’s unstopped gas line caused an explosion the next morning, extensively damaging the apartment building and
Jeremy Ferrara [“Ferrara”] appeals his conviction of burglary of a dwelling for stealing a screen door and attempting to steal copper tubing from the air conditioning unit of a vacant residence.
Phillips entered the University of Texas at Austin (“UT”) in 2001 and was admitted to the Department of Computer Sciences in 2003 . . . [O]nly a few weeks after matriculating, Phillips began
Compare and contrast common law arson with modern-day arson.
Can criminal mischief occur without damage? If so, how?
Compare and contrast vandalism and criminal mischief.
A trespassing prosecution may be a “fallback” to other alternatives. Explain how.
Should the crime of trespassing have a more specific mens rea requirement? Why or why not?
What is your opinion of the appellate court’s decision in the New Hampshire trespassing–illegal immigration case?
Compare and contrast burglary and trespassing.
Which should we be more concerned with: traditional property damage and invasion, or property damage and invasion with computers?
Explain social engineering.
Compare and contrast cybercrime and cyberterrorism.
In what ways are cybercrime prosecutions compromised by jurisdictional problems?
Appellant was charged with, among other things, armed robbery and possession of a firearm during a crime of violence, both arising from an incident in which, according to the indictment, he forcibly
In April 2002, Stallings was incarcerated at the Algoa Correctional Center, having served thirteen years of his twenty-three year sentence for various felony offenses. He worked as a clerk in the
Graciela Zuniga-Arteaga appeals her conviction for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). On appeal, Ms. Zuniga-Arteaga argues that § 1028A(a)(1) cannot be applied to
Identify the elements of larceny.
What is the criminal law rule for “Finders, keepers—losers, weepers”?
Compare and contrast extortion and robbery.
Compare and contrast larceny and embezzlement.
Explain the difference between forgery and uttering.
Identify four types of intellectual property.
What are some of the pros and cons of theft law consolidation?
At trial, the evidence showed defendant managed an escort service which advertised on the internet. An undercover officer testified he scheduled a meeting with one of defendant’s escorts . . . and
Defendants Elie and Campos both are charged with three counts of violation of the Unlawful Internet Gambling Enforcement Act of 2006 (“UIGEA”), one count of conspiracy to violate UIGEA, two
On May 15, 2005, C.E., a fourteen-year-old female attending high school, received two photographs via e-mail from Jorge Canal. Canal was eighteen years of age and attended the same school when this
Explain how group criminality differs from complicity and vicarious liability.
Explain the relationship between unlawful assembly, rout, and riot.
Compare and contrast at least three offenses against public order.
Should prostitution be illegal? Why or why not?
Should gambling be illegal? What about social gambling? Defend your answer.
Has the Supreme Court adequately defined obscenity? Why or why not?
Should the drinking age be raised, lowered, or kept the same? Why?
What is your opinion of government’s efforts over the years to legislative morality?
At what point should indecent exposure be considered criminal? Why?
Should swearing be illegal? Why or why not?
Congress has prohibited the provision of “material support or resources” to certain foreign organizations that engage in terrorist activity. 18 U.S.C. § 2339B(a)(1) . . . The plaintiffs in this
Following a six-day trial in March 2008, a jury convicted Defendant Hassan Abu-Jihaad on two charges: (1) disclosing national defense information to those not entitled to receive it in violation of
In the dark of night on July 28, 2012, in Oak Ridge, Tennessee, an 82 year-old nun and two Army veterans, ages 57 and 63, cut their way through four layers of fences and reached a building where the
Define terrorism.
Compare and contrast five types of terrorism.
Explain the U.S. government’s 4D strategy for combating terrorism.
What is the role of the PATRIOT Act in combating terrorism?
Compare and contrast treason, sedition, and sabotage.
Define criminal syndicalism. How is it similar to other offenses against the state?
Gregory Koppersmith, the appellant, was charged with the murder of his wife, Cynthia (“Cindy”) Michel Koppersmith. He was convicted of reckless manslaughter, a violation of § 13A-6–3(a)(1),
Steven Mark Loge (Appellant) was cited for a violation of Minn. Stat. § 169.122, subd. 3 (1998), which makes it unlawful for the driver of a motor vehicle, when the owner is not present, “to keep
Douglas L. Bauer (Defendant) was charged with third-degree assault. The Superior Court, Kitsap County, denied Bauer’s motion to dismiss, but certified matter to the Court of Appeals. The Court of
This case comes to us on appeal from questions certified to the Minnesota Court of Appeals from the Dakota County District Court regarding two mistake of law defenses—reliance on advice of counsel
On March 11, 2014, a jury convicted Myah Evans Batie of domestic violence in violation of R.C. 2919.25(A) with a prior conviction specification. The charge arose out of a physical altercation between
Charles E. Haynes (Defendant-Appellant) entered a conditional plea of guilty in the United States District Court for the Western District of Wisconsin, to assault. Haynes appealed. The Court of
Peggy Stewart (Defendant) was charged with murder in the first degree of her husband. The Butler District Court, entered verdict of not guilty. The prosecution appealed with a question reserved. The
The following dialogue is from Dan Rather Reports.Marion Hammer, executive director of Unified Sportsmen of Florida, representative of the Florida chapter of the NRA: When you are prosecuting
Terry Toops (Defendant) was convicted in the Cass Superior Court of operating a vehicle while intoxicated, operating a vehicle with 10 percent or more alcohol in the blood, operating a vehicle while
On a cold winter day, William Celli and his friend, Glynis Brooks, left Deadwood, South Dakota, hoping to hitchhike to Newcastle, Wyoming, to look for work. The weather turned colder, they were
Jason Shelley was convicted in the Superior Court, King County, of second-degree assault, arising out of an incident in which Shelley intentionally punched another basketball player during a game.
Donald W. Myers III (Defendant) was convicted and found guilty but mentally ill, following a jury trial in the Circuit Court, Steuben County, Allen N. Wheat, J., of four counts of attempted murder on
K.R.L., an eight-year-old boy, was convicted of residential burglary by the Superior Court, Clallam County, and he appealed. The Court of Appeals reversed.FactsIn July 1990, K.R.L., who was then 8
Ernest Oliver was convicted of larceny from the person in the Eighth Judicial District Court and sentenced to ten years in prison. He appealed. The Supreme Court reversed.FactsOn the night of
Jeffrey Belew was convicted and sentenced to 27 years in prison. The Ohio Court of Appeals affirmed his conviction. A majority of the Ohio Supreme Court let the conviction and sentence stand without
Zeta Chi (Defendant), a college fraternity, was convicted, following trial in the Superior Court, Strafford County, of selling alcohol to a person under the age of 21, and of prostitution. Defendant
Robert Boehnen was charged with violating a Waukesha, Wisconsin, ordinance that makes it illegal for a person who holds a liquor license or one of his or her employees to serve alcohol to anyone not
Parent defendants were found guilty of violating a snowmobile statute which makes parents vicariously liable for the acts of their children simply because they occupy the status of parents. The
Franklin Roosevelt Dabney (Defendant) was convicted, after a jury trial in the Circuit Court, Baltimore County, of attempted fourth-degree burglary. Defendant appealed. The Court of Special Appeals
Rakeem D. King (Defendant) was convicted in the Circuit Court, Charleston County, J.C. Nicholson, Jr., J., of attempted murder, armed robbery, and possession of a firearm during the commission of a
George Lee Mims, Sr. was prosecuted for an attempt to enter the Madeira Beach Bank with intent to rob it by force and violence and by intimidation. The United States District Court for the Middle
David Griffin (Petitioner) is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of robbery in concert, burglary,
Ferris Alexander, Sr. (Defendant, now Petitioner) was convicted in the United States District Court for the District of Minnesota, of tax offenses, obscenity offenses, and Racketeer Influenced and
The surgical method described in this paper differs from classic D&E in that it does not rely upon dismemberment to remove the fetus. Nor are inductions or infusions used to expel the intact fetus.
Ernest Schleifer was charged in an information with solicitation to commit crimes. The trial court granted Schleifer’s motion to dismiss the charge. The State appealed the dismissal. The
Raymond Alien Snowden, Defendant, pleaded guilty to murder in the first degree. The District Court, 3rd Judicial District, Ada County, entered judgment and the sentence of death, and Snowden
The Ohio Revised Code vehicular homicide statute (Section 2903.06) About 2:00 p.m. on Sunday, August 24, 1975, a white man about 34 years old came out of a store and walked toward his car. Siegfried
Charged with second-degree murder, M.C.L. § 750.317; M.S.A. § 28.549, Daniel Lindley Thomas (the defendant) was convicted by a jury of involuntary manslaughter, M.C.L. § 750.321; M.S.A. § 28.553.

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