Criminal Law And Procedure 6th Edition John M Scheb, John M Scheb II - Solutions

Is there a justification for the criminal law not punishing a person for failing to act when there is a clear moral duty to act?
Has the moral integrity of the criminal law been jeopardized by the increasing number of offenses for which a person can be convicted without proof of any criminal intent?
Why has the common-law doctrine distinguishing between principals and accessories before the fact diminished in importance in contemporary criminal law?
Contrast an offense that requires proof of causation with one that does not.
Is it fair to assess the same degree of fault and impose the same punishment on an accomplice as on a perpetrator? What rationale supports your conclusion?
Is there a valid reason to exempt close family relatives from punishment as accessories after the fact to felonious conduct?
Sol Toolmaker visited his long-time friend, I. N. Mate, a prisoner in a state institution. Mate had previously told Toolmaker how much he wanted to escape from the prison. So on this occasion, Toolmaker brought Mate two small saws.Mate hid the saws in a place where he thought the prison guards
Alice Alpha had a long-standing grievance against Benjamin Beta and had threatened to kill him. When Alpha saw Beta standing on a street corner amidst a crowd of people, Alpha pulled a gun and fired a shot. The bullet grazed Beta’s arm, injuring him slightly. But it struck and killed Gerry Gamma,
Go to the Web. Locate your state’s statutes on line. Does your state have a generic statute defining attempt, solicitation, and conspiracy? If not, find a state that does have such a statute. Download the statutory definitions of the three inchoate offenses. How do they compare with the
What justifies criminalizing attempt, solicitation, and conspiracy?
How does the criminal law distinguish between mere preparatory conduct and the overt act required for a criminal attempt? Can you think of a situation in which preparatory conduct might have the appearance of prospective criminal conduct but would not constitute a criminal attempt?
Should it be a defense to a charge of attempt that the accused voluntarily abandoned the attempt?
Describe a scenario where an attempt to commit a crime is subsumed by the definition of the crime.
What is the rationale for making solicitation a crime even where a solicitor’s requests are completely unheeded?
Which do you think poses a more serious threat to society: an attempt or a solicitation to commit murder? Why?
Should statutes defining conspiracy require proof of an overt act in furtherance of the conspirators’ agreement? Why or why not?
Given the First Amendment protections of freedom of expression and association, can members of a revolutionary political organization be prosecuted for conspiring to overthrow the government of the United States?
Name some instances where the offense of conspiracy provides a means to protect the public from dangers incident to group activities.
What distinguishes the offense of conspiracy from the crime of aiding and abetting?
Leo Lothario was having an affair with Lucy Slarom, a woman separated from her husband, Joe. One night while Lothario and Lucy were playing tennis in her backyard, Joe appeared on the scene. Lothario demanded that Joe leave, but he declined and sat in one of the yard chairs. Lothario went to the
John and Jane were running a student loan “scam.” They were convicted of soliciting several students to make false applications in exchange for a “cut” of the loan proceeds and also for aiding and abetting those same students in making false applications for loans. On appeal, they argue
A state statute makes it a criminal offense for “three or more persons to conduct, direct, or own a gambling business.” Several defendants were convicted of “conspiring to violate the statute.” In addition, each was convicted of the substantive offense of gambling. On appeal, each defendant
Go to the Web. Locate your state’s criminal statutes online. Find the statute defining homicidal crimes. How does your state define the various gradations of homicide? Locate the online statutes for a nearby state. How does that state’s homicide statute differ from your own state’s laws in
What elements, in addition to those required for assault or battery, must the prosecution prove to convict a defendant of aggravated assault or battery?
Is it legitimate for a jury to find a defendant guilty of manslaughter in a case where there is evidence of premeditation simply because members of the jury feel that the defendant was somewhat justified in taking the life of the victim?
How can the prosecution establish the corpus delicti in a murder case when the body of the victim cannot be found?
Compare the U.S. Supreme Court’s 1997 opinion holding that there is no constitutional right to have assistance in committing suicide with the constitutional right of privacy discussed in Chapter
Can these views be logically reconciled?
Why has the common-law doctrine of felony murder become controversial among courts and legal scholars in recent years?
Is a state law making it a crime to kill a viable fetus constitutional, notwithstanding the Supreme Court’s decision in Roe v. Wade?
A male who is aware that he has been diagnosed with acquired immunodeficiency syndrome (AIDS) engages in sexual intercourse with a female. He does not inform the female that he has AIDS. As a result, the female contracts AIDS and dies from the disease two years later. Under the laws of your state,
What interests does the law seek to protect in proscribing (a) forcible rape and(b) statutory rape?
Which statutory and judicial reforms of the 1970s and 1980s in the law of rape were the most significant from a female victim’s standpoint? Are there other biases against female victims of sexual assault that should be addressed?
Does Hale’s Rule, which creates a marital exception in the law of rape, apply in your state?
What role do the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA) play in controlling child snatching?
Do the federal statutes making it unlawful to deprive persons of their civil rights under color of law have a significant deterrent effect on misconduct of law enforcement personnel? Or do these statutes hamper effective police action?
Explain the necessity for the prosecution to prove asportation in order to establish the offense of kidnapping.
Why have most state courts rejected prosecution of a mother whose child suffers adverse medical effects from the mother’s ingestion of cocaine during her pregnancy?
Shortly before midnight, a man is driving through a residential area in an attempt to get his wife, who is in labor, to the hospital. The posted speed limit is 30 mph, but the anxious husband is driving 50 mph. In a dark area, the car strikes and kills a ten-year-old boy who is playing in the
A store manager observes Lucy Grabit stuffing a pair of nylon hose into her purse before going through the checkout counter in a supermarket. The manager detains her and promptly directs his employee to call the police. Is the store manager guilty of false imprisonment? Why or why not?
Several college freshmen enter the dean’s private office and remain there for several hours. They refuse to let the dean leave until he yields to their demands to allow unrestricted visitation in all dormitories. Under contemporary criminal statutes, what offense, if any, have the students
An intoxicated driver recklessly drove his vehicle into a car being driven by a woman who was seven months pregnant. As a result of the accident, the woman’s baby was born prematurely, suffered from extensive brain damage, and died two days later. The state law defines a person as an individual
The defendant was convicted of battery under a statute that provides that “a person commits a battery who either intentionally or knowingly, and without legal justification, makes physical contact of an insulting or provoking nature with an individual.” The evidence disclosed that one morning
The defendant and her husband have two sons, ages five and three. Without notifying her husband, she left the family home with both children while no court proceedings were pending concerning either their marriage or custody of their children. Two weeks later, and without the wife’s knowledge,
A nineteen-year-old woman returns home from an evening at the beach. She tells her mother that she has been raped and sodomized by an attacker she does not know. Some hours later, the woman identifies her attacker to her mother, and they notify the police. At trial, the prosecution seeks to admit
Go to the Web. Locate the decisions of your state’s highest appellate court.Find a recent decision in which the court discussed the definition of one of the crimes covered. If you cannot locate such a decision from your state’s highest court, try another state.
What advantages do you see for a state that adopts a comprehensive theft statute?
What measures can be taken to protect oneself against identity theft?
Is it a crime to share digital music files with a friend if there is no commercial purpose or monetary gain in doing so?
How does the crime of burglary as it is typically defined under modern statutes differ from the definition of this offense under English common law?
Is it more important for theft offenses to be classified as specific-intent crimes than robbery? Why?
What provisions would you include in a model statute making arson a crime?Would you provide for separate degrees of the offense?
Should the offense of forgery be divided into degrees based on the importance of the forged documents? If so, what criteria would you propose for the various degrees of the crime?
Give some examples of actions that would probably fall within the conduct proscribed by (a) extortion and (b) vandalism or malicious mischief statutes.
What offense would a person who destroyed or damaged data in someone’s computer have committed? If a person electronically accessed another’s computer without permission, would this constitute a criminal offense?
Name some important similarities and distinctions between the offenses of robbery and extortion.
What is the rationale for courts to require that to obtain a conviction for possession of burglary tools the state must prove the accused knowingly had possession of burglar’s tools, knew the tools could be used for a criminal purpose, and intended to use them for such purpose?
Assume you are working as a staff assistant to a legislator who desires to introduce a bill to assist merchants who are experiencing losses from “bad checks.”What types of provisions and penalties would you recommend?
A. H. Hacker is a skilled computer operator at a business office. Through stealthful operation of his computer, he successfully obtains a list of names and addresses of a competitor’s customers without the knowledge or consent of the competitor. For what offense would Hacker most likely be
Laura Lightfingers steals a package of filet mignon priced at $19.99 from the meat counter in a supermarket. As she leaves the store, she is approached by a security guard. Lightfingers kicks and injures the security guard in her attempt to leave with the meat she has stolen. In your state, would
Sally Spendthrift has an established bank account at a local bank. She gives a check to a merchant for the purchase of a new stereo. Her bank returns the check to the merchant because Spendthrift’s account has insufficient funds to cover payment. Do you think Spendthrift should face criminal
Go to the Web. Locate your state’s criminal statutes online. What forms of gambling are legal in your state? Using other resources available on the Internet, determine whether there are efforts underway in your state legislature to change the gambling laws in your state.
Assume you are a legislative assistant for a member of the state house of representatives.Your representative intends to introduce a bill to prohibit up-skirt videography in public shopping areas. She asks you to prepare a memo of suggested language for the bill. What suggestions would you offer to
Should it be a defense to a charge of bigamy that both persons in the alleged bigamous union are adherents to a religious faith that sanctions polygamy?
Do you think proponents of same-sex marriage can use the Supreme Court’s decision in Lawrence v. Texas as a basis for constitutional assaults on state laws that prohibit such unions?
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 concerning obscenity on the Internet?
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 unconstitutional sex discrimination because it prohibits women, but not men, from baring their breasts
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 computer. The cost of playing the game is fifty cents. The contestant who wins the game is issued a token
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 eligibility to participate to first-time offenders?
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 loud volume. The motor was not running. No one else was in the vehicle. A field sobriety test and 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 Henry Egad standing by a tree.About eighteen inches from Egad’s feet, the police discovered a
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 Internet resources to determine whether your state attorney general’s office has an active criminal
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 modest checking account, her bonds constituted her estate. On advice of A. Brokero, a licensed
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 for a state lottery, was prohibited in the state. As their friendship developed, they enjoyed “a

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Criminal Law And Procedure 6th Edition John M Scheb, John M Scheb II - Solutions

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