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

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 would you support if you were elected to your state legislature?
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 body to seek injunctive relief against zoning violators?
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 which, if any, federal statute can the plant manager be prosecuted?
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 and is becoming belligerent. He is charged with a misdemeanor under a new ordinance that prohibits
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 susceptible to challenge under your state constitution?If you were elected to serve in the state legislature,
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 intelligence fair notice of what conduct is forbidden?
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 state and local levels sufficiently removed the threat of criminalizing a person’s status? Are
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 prepare a memorandum of provisions to be considered in order to avoid the proposed act’s being
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 Amendment can one make constitutional attacks on federal gun control laws?
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 to influence government policy by intimidation or coercion.”
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 with foreign terrorists?
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 granted some sort of amnesty whereby they can remain in this country and work legally?
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 City Council quickly adopted an ordinance requiring groups planning demonstrations to obtain a permit
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 by enforcing the disorderly conduct statute, the city council enacted the following ordinance:Sec.1.
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 write a synopsis of the decision.
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 sense in today’s society?
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 justified in imposing such a requirement on the statutory law?
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 of necessity, what stipulations would you recommend to protect the public?
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 defender. Your investigation reveals that Inmatio was convicted of burglary of a dwelling and was
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 officer, who was patrolling the area, stopped in to have a sandwich. Annoyed by the loud talking and
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 bears the burden of proof ? What is the standard of proof ? What are the rules governing the
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 general-intent and specific-intent crimes? Several states have recently enacted statutes making voluntary
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 public and (b) the defendant’s rights?
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 issue?
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 intends to do bodily harm and allows the vehicle occupant to use any force necessary in defense, with
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 serious injury results from hazing. Should these laws permit defendants accused of hazing to assert
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, a witness who testifies under a grant of immunity is given transactional immunity, a broader
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 sexual relations with a minor and (b) sale of intoxicating liquor to a minor. Do you think a state
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 legislator who tells you she intends to introduce a bill to“clearly define when a person’s
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 fractured his skull. The police arrested both Macho and Goodneighbor. Goodneighbor explained to the
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 exchange of blows renders the intruder unconscious.A medical examination reveals substantial brain
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 drives away, the owner spots her and demands that a nearby police officer stop her. Just as the officer
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 that the defendant could have qualified for assistance from local welfare organizations. Should the
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) common-law rape involving force and lack of consent and (b) statutory rape involving intercourse
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 to buy some marijuana for his close friend. At first, Hemphill makes no response. They make another
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 identical row houses on his block. In his inebriated state, Bottlemore mistakes his neighbor’s home
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 in which you describe the key facts, the issue before the Supreme Court, the Court’s holding, and
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 against expanding the prohibitions of the Fourth Amendment to include security personnel?
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 why not?
Does a person using a public restroom in a government office building have a reasonable expectation of privacy from television security surveillance?
In New Jersey v. T.L.O. (1985), the Supreme Court adopted a reasonableness standard for public school searches. Should this standard be applied to searches of students in public colleges and universities? What about private colleges?Does it make a difference if the search is conducted in a public
What is the rationale for excluding from trial evidence obtained in violation of the Fourth Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a defendant accused of a serious felony such as aggravated battery?
What alternatives to the exclusionary rule might be adopted to enforce the protections of the Fourth Amendment? How effective are such alternatives likely to be?
The Supreme Court has created a “good-faith” exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding probable cause for a search. Should the good-faith exception be extended to cases where police acting in
What is meant by the “fruit of the poisonous tree doctrine” in relation to searches and seizures?
What is the “standing” requirement in the law of search and seizure? What is its purpose?
In 2006 in Hudson v. Michigan, Justice Scalia, writing for a sharply divided Supreme Court, concluded that when it comes to knock-and-announce violations, “[r]esort to the massive remedy of suppressing evidence of guilt is unjustified.” Writing for the four dissenters, Justice Breyer contended
In United States v. Salvucci (1980), the U.S. Supreme Court concluded that “the automatic standing rule … has outlived its usefulness in this Court’s Fourth Amendment jurisprudence.” Yet, several state courts have held that under their state constitutions a defendant accused of a possessory
Police observed an automobile traveling at a high rate of speed and swerving on the road. They gave pursuit and stopped the vehicle after a five-minute chase.The driver, later identified as Jerome Johnson, emerged from the car and began to verbally abuse and threaten the officers. Johnson appeared
Acting without a search warrant, police arrive at a home after receiving an anonymous tip that a man has been making illegal explosives in his workshop. The officers find that the man is not at home. Can the man’s wife consent to a warrantless search of her husband’s workshop, or must police
The sheriff’s department in a rural north Georgia county receives an anonymous letter stating that there is a “meth lab” being operated in a trailer home belonging to Danny Dawgmire and that children living in the trailer are being exposed to methamphetamine and other toxic chemicals. Without
Use www.findlaw.com or some other Internet resource to locate the U.S. Supreme Court’s most recent decisions in the areas of arrest and interrogation.Try to determine whether the Court has agreed to hear new cases in these areas and, if so, what issues these cases present.Find the Web site for
Practically speaking, what is the difference between “probable cause” and “reasonable suspicion”? How long can police detain a suspect based on reasonable suspicion?
What are the practical arguments for and against allowing private citizens to make arrests when they observe criminal activity taking place? What is the law in your state governing “citizen’s arrests”?
Does your state make any distinction between minor and serious traffic offenses in permitting arrests? Is the use of arrest procedures for relatively minor traffic offenses unnecessary? Is it better to give the individual police officer discretion in these matters or to adopt laws decriminalizing
In the Miranda case, the Supreme Court released a convicted rapist to impose a requirement that police advise suspects of their constitutional rights before conducting interrogations. Was the Court’s decision a wise one? What has been the impact of the Miranda decision on law enforcement?
What factors do courts consider in determining whether an individual is “in custody” when a police interrogation takes place?
What limitations do courts impose on police in the use of deception in interrogations of suspects?
How might police coerce a suspect into waiving the right to counsel and to remain silent during interrogation? How can courts ensure that cooperation with police was voluntary?
What factors do courts consider in evaluating whether a confession has been coerced?
Are the courts correct in limiting the scope of the Fifth Amendment Self-Incrimination Clause to verbal statements so that there is no constitutional protection against compulsory police identification procedures? What would be the implications for law enforcement if the courts included physical
Describe the methods of nonscientific identification used by law enforcement in their attempts to identify suspects. Which do you think is the most reliable?
Would it be permissible for police to construct a lineup including four visibly overweight persons along with a slim suspect where the victim told police that her assailant was “very thin”?
Discuss racial profiling, which results in a disproportionate number of minorities being stopped for disobeying traffic laws. Should this problem be addressed by(a) courts’ dismissing charges or suppressing evidence seized as a result of racial profiling based on denial of due process and equal
Police obtained a warrant to search a single-family residence for “illegal amphetamines and equipment used in the manufacture of same.” The warrant also authorized the search of the person of Harry Hampton, described in the warrant as a white male, 32 years of age, 6 ft. 2 in., and 225 lbs.
A police officer on night patrol saw a car parked off a dirt road in an area known to be a “lovers’ lane.” As his cruiser approached the car, he observed a male and a female sitting inside. He noticed the male occupant make a movement that the officer interpreted as an attempt to hide
Use Web-based resources to determine the role of grand juries in your state’s criminal justice system. How are grand jurors selected? How long do they serve? What powers does the grand jury possess? Have there been calls for reforming the grand jury in your state?
Have the courts gone too far or not far enough in requiring that indigent defendants be represented by counsel at public expense?
What are the arguments for and against allowing defendants without any legal training to represent themselves in felony prosecutions? How far should a trial judge go in advising a defendant of the pitfalls of proceeding without legal counsel?
In your opinion, does the Eighth Amendment guarantee the right to pretrial release on bail in a felony case? What about a misdemeanor case? Did the Supreme Court decide the Salerno case correctly? Why or why not?
How does a magistrate determine how much bail is appropriate and how much is “excessive”? What alternatives, if any, do you see to the traditional bail-bond system to ensure the appearance of the defendant in court?
Can you imagine a situation in which a prosecutor would run afoul of the Constitution by engaging in selective prosecution? In your state, can a prosecutor be sued for malicious prosecution? How is this proved?
Why does the law insist on a determination of voluntariness and a factual basis when a defendant pleads guilty or nolo contendere?
Do the courts in your state permit the nolo contendere plea? If so, what tactical advantage does the defendant gain by pleading nolo contendere rather than guilty?

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

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