CJUS 310 CRIMINAL LAWSolution.pdf
Please type all responses to the scenarios and questions below to a separate answer sheet (please do not answer the questions on the exam itself). Save your answer sheet as a Microsoft Word file for your records. The exam is worth 50 semester points. The answer sheet is due at the beginning of class on Wednesday, March 11, 2020. Your exam responses are expected to be a product of your own work, not a collaborative effort. Evidence of collaborative effort will be handled through the university’s academic dishonesty policy and procedure.
Instructions: Fill in the blank with the word(s), concept(s), phrase(s), legal terms, or court precedents, that best completes each statement. Each question is worth one point. For questions with multiple blanks, you must get all parts of the question correct to earn the point.
According to the federal Deadly Force Policy, _______________ should be given by an agent prior to the use of deadly force against a suspect as long as it is feasible and doing so does not increase the danger to the agent or others.
The requirement that a defendant is responsible for the harm, applies only to _______________crimes.
_______________ is the type of offense in which a person can be held criminally liable in the complete absence of mens rea.
Today the legislator passed a law making it illegal to possess any product that could be used for the purpose of vaping. The law, as written, applies to anyone who has ever purchased a product that could be used for the purpose of vaping. Upon passage of the law, the county prosecutor decides to contact all stores in his county that sell vaping products. He requests that the storeowners provide the names of individuals who have bought products that could be used for the purpose of vaping. Under the new law, the prosecutor’s intent is to prosecute such individuals for possession of products that can be used for the purpose of vaping. The vaping law is an example of a prohibited _____________ law.
A county sheriff who is also a passionate environmentalist does not like people who drink water from plastic bottles. He thinks they are ruining the environment and threatening the long-term viability of animal life. He has tried to get the legislator to act on his concerns but to no avail. Subsequently, he, as the chief law enforcement officer, declares that he himself is making it illegal to possess or drink from plastic water bottles. He advertises his new law over the course of 30 days to the public. Upon expiration of the 30days, he then gives an edict to his deputies to arrest anyone caught possessing or drinking from plastic water bottles. In manufacturing the law on his own accord, the sheriff is violating the principle of ___________________.
When a defendant believes they are being unconstitutionally incarcerated, the defendant would file a ____________________ in appealing his incarceration.
A state government passes a law that requires state courts to try juveniles, between the ages of 15 and 17, who commit any felony in which a weapon was brandished or used in the commission of the felonious act to be charged as an adult in the adult court system. The legal term used to describe such legislation is: _______________________.
Makenzie breaks into Alianna’s house with the intent to steal her valuables—a felonious offense. In this case, is the crime of burglary a conduct or result crime? Explain. _________________
According to your text, an expert once lamented: “There is no term fraught with greater ambiguity than the venerable Latin phrase that haunts the Anglo-American criminal law: _____________________.”
According to the authors of your text, ______________________ is considered the bedrock of the American criminal justice system.
A ______________ is a crime punishable by a fine or a period of incarceration less than 12 months, while a _____________ is a crime punishable by death or confinement in prison for more than 12 months.
Danisha breaks into Alyssa’s car and steals her collection of Precious Moments figurines that Alyssa received as a gift from her grandmother. What type/class of possession characterizes Alyssa’s possession of the Precious Moments figurines at the time of the crime? _______________________.
Mark wants to conceal carry so he decides to take the required conceal carry class. During the class, the instructor speaks to the places at which one is not allowed to carry despite the state having a concealed carry law. This includes places like banks, government buildings, taverns, and elementary, middle schools, and high schools. The state in which Mark wants to conceal carry also prohibits carrying on college campuses. However, the concealed carry instructor fails to mention universities in his presentation because most of the people in his class are older adults whom he assumed wouldn’t visit a college campus. One day, Mark brings his gun to his university where he is taking classes. Someone sees the gun inside his jacket and reports it to the campus police. The campus police confront Mark and he admits to having a gun. The campus police then arrest Mark and charge him with possession of a concealed firearm in an unauthorized domain. What type of defense might Mark be able to use in defending himself against the charges? Explain. __________________________
Haydar, a soft-spoken man with no history of violence, loaned money in the amount of $250 to a man named Alwaleed. Nine months passed and Alwaleed still had not paid the money back to Haydar despite numerous requests from Haydar to do so. One night, Haydar goes out with friends and voluntarily drinks alcohol becoming very drunk by the end of the evening. To get to his home, Haydar has to drive by Alwaleed’s house. On his way home from the bar, Haydar decides to stop at Alwaleed’s house and confront him about the money. Alwaleed says he will get him the money when he is good and ready and tells Haydar to “get the hell off his property.” As Alwaleed begins to close the door, Alwaleed charges Haydar and tackles him. He grabs him by the throat and begins choking him. Suddenly, Alwaleed goes limp. Haydar realizing what he had done calls 911. Unfortunately, at the hospital Alwaleed us pronounced dead. The prosecutor charges Haydar with second degree homicide. His defense attorneys argue in court that, yes, Haydar did accidently kill Alwaleed. They ask the jury that, because Haydar was suffering from diminished mental capacity at the time of the offense, that they convict him of manslaughter rather than the more serious offense of second-degree homicide. What type of defense is Haydar’s attorneys putting forward? ________________________
______________________ is the Supreme Court case that set the precedent that deadly force by a law enforcement officer is permissible when it is necessary to prevent the escape of a suspect and there is a serious risk of death or bodily harm to others, but that deadly force cannot be used to apprehend an unarmed fleeing felon.
Instructions: Read each scenario and then answer, in typewritten form, each set of questions that follow. Be sure to utilize “all” of the appropriate legal concepts and/or appellate court cases (decisions) in answering the questions and thoroughly explain how they apply to each case scenario. Utilize Chapters 1-5 of your main textbook as well as lecture notes to answer each of the questions below. Each case scenario is worth 5 points.
Abdullah and his wife take out a million-dollar life insurance policy out on their daughter. Abdullah and his wife are avid gamblers and have been having a cold streak. They are now indebted to a loan shark in excess of $300,000 and have no way to pay them back. One day, Abdullah and his wife were watching an ABC Primetime special on how to get away with murder. They learned about a method by which they could inject high doses of insulin between the toes (where a needle mark is hard to detect) in killing someone. Drowning in debt, Abdullah and his wife concoct a scheme by which they would kill their daughter, collect the life insurance policy, pay off the loan shark, and then fly to Vegas with some good friends to hit the casino with their new found fortune. However, after securing the items needed to kill their daughter, Abdullah’s wife has a change of heart and discusses this with Abdullah. He too confesses that he does not want to kill their daughter. They then have dinner with the friends that they planned to take to Vegas. They told them of their original plan, but then recanted and told their friends that they had both changed their minds. The next day, Abdullah and his wife were upstairs when they heard a loud bang. They rushed downstairs to find their daughter had been shot and was bleeding profusely. She was rushed to the hospital, but was pronounced dead. Abdullah had been cleaning his gun the day before and left it, by accident, on the kitchen table. His daughter picked up the gun and had been playing with it when it accidently discharged. The police questioned Abdullah and his wife. During that questioning, they asked if they ever had any intentions of harming their daughter. Abdullah’s wife, struck by guilt, told them their plan to kill her, but then told the police that she and her husband had both changed their mind. The police confirmed their story about changing their mind with friends. The prosecutor, hearing from police that the couple once had had plans to kill their daughter, files premeditated murder charges on both, Abdullah and his wife.
Question: Do you believe the prosecutor will be able to successfully convict both Abdullah and his wife of premeditated murder? As a defense attorney, what defense would you raise to try and exonerate Abdullah and his wife? Make sure to apply all relevant legal concepts, defenses, and court rulings that you could utilize in defending Abdullah and his wife. If not premediated murder, are there any other charges that you believe the prosecutor could file against Abdullah and/or his wife and successfully get a conviction? Explain your choices. (5 points)
Makenzie recently found out that her best friend, Gabrielle, is secretly dating her fiancé. Enraged with anger, Makenzie sets out to kill Gabrielle. Makenzie knows the garage code to her friend’s house. She also knows that Gabrielle’s parents are out of town the next weekend and that Gabrielle always has a glass of milk with her toast in the morning. So, Makenzie secures some Strychnine (rat poison), sneaks into Gabrielle’s house, and laces the milk with a deadly dose of rat poison. What Makenzie did not know is that Gabrielle’s parents decided to postpone their trip until the next weekend. The next day, Makenziereceives a phone call from Gabrielle who is wailing. Gabrielle tells her that her mother was rushed to the hospital with abdominal pain and that the doctors were unable to save her after she went unconscious. The coroner report reveals that the mother was poisoned with a lethal dose of Strychnine. The police investigation leads them to Makenzie who is charged with the premeditated murder of her best friend’s mother. Makenzie’s lawyers argue in court that Makenzie cannot be charged with murder because she had no malicious intent to kill the mother of her friend. In essence, the lawyers argued that the elements of mens rea and actus reus were not met in the case.
Question: Do you think the arguments used by Makenzie’s lawyers will be enough to exonerate her? In defense of your position, identify all of the legal term(s); appellate court decisions and/or standard(s) that are applicable and describe how they support your answer. If there are specific criteria or elements that have to be met for your chosen defense(s) to be successful, make sure to spell those out in detail and then discuss how the facts of the case meet/don’t meet each element. (5 points)
Octavian discovers that Danisha, his wife, is having an affair on him. Enraged with jealousy, Octavian goes to an exotic animal dealer and buys a snake known to be highly venomous. While Danisha is asleep, he agitates the snake in its cage and then carefully grabs it placing it in the bed near her. He is hoping the snake bites her making it look like she was killed by accident (exotic snakes are released all the time by owners who no longer want them). The snake bites Danisha. She subsequently yells for Octavian who then rushes her to the hospital, making himself look like a hero, even though he has already checked with all of the hospitals in the area who have said they do not carry anti-venom for the snake in question because it is not indigenous to the local area. To his surprise, Danisha suffers no ill effects (what Octavian does not know is that the vendor who sold him the snake had the venomous glands removed from the snake to eliminate his liability for harm that could be caused by the snake). Danisha, not believing this was a random accident, hires a private investigator to investigate her husband. She discovers that her husband, did in fact, buy the snake and a neighbor’s outdoor camera captured Octavian bringing it into his house. The evidence is turned over to the police, who then arrest Octavian and charge him with attempted first-degree murder of his wife. Octavian’s attorneys argue that Octavian cannot be charged with attempted first-degree murder given the fact that the snake turned out not be venomous after all; hence there was no real threat or endangerment of life.
Question(S): Do you feel the prosecutor is justified in charging Octavian with attempted first-degree murder? Explain. If you were to prepare a defense on Octavian’s behalf, of what would your defense consist? Explain. Be sure to include and explain all relevant legal concepts and/or appellate court decisions that will be used in your defense. If there are specific criteria or elements that have to be met for your chosen defense(s) to be successful, make sure to spell those out in detail and then discuss how the facts of the case meet/don’t meet each element. (5 points)
Abdulrahman is being threatened by Sal who is wielding a knife. Sal says he is going to kill Abdulrahman because he can’t stand the way he answers questions in his criminal law class and then smugly looks over at him in a condescending manner. Sal begins running at Abdulrahman who is unarmed and vulnerable to the attack. Abdulrahman’s friend Brooke, who happened to be over that day, pulls out a gun and yells for Sal to stop or she will shoot. Sal continues to run at Abdulrahman lifting his arm to stab him in his chest. At that moment, Brooke unloads six shots into the back of Sal killing him and stopping the attack. An aggressive prosecutor wants to charge Brooke with 2nd Degree murder stating that she wasn’t under attack and therefore did not have the right to act as a violent reckless vigilante in shooting Sal. Brooke retains you as her defense attorney. She feels she should be treated as a hero and not as a violent criminal.
Question(s): Do you feel the prosecutor is justified in charging Brooke with second degree murder? Explain. If you were to prepare a defense on Brooke’s behalf, of what would your defense consist? Explain. Be sure to include and explain all relevant legal concepts and/or appellate court decisions that will be used in your defense. If there are specific criteria or elements that have to be met for your chosen defense(s) to be successful, make sure to spell those out in detail and then discuss how the facts of the case meet/don’t meet each element. (5 points)
Sadie owns a delivery service that delivers automobile parts to various businesses around town. A few years ago, Sadie hires her best friend’s grandmother, Alyssa, to be a driver because Alyssa was bored out of her mind with retirement. In the beginning, she did an outstanding job for Sadie’s business. Because she is a charismatic and outgoing individual, the customers, to whom she delivers, love Alyssa. Alyssa has been great for business. However, in the last year there have been more than ten complaints received by Sadie from general random citizens who have called the phone number on the side of the delivery truck to report erratic and dangerous driving by the delivery truck driver (Alyssa). Sadie worries about the complaints and knows she should probably relieve Alyssa of her duties, but doesn’t have the heart to let Alyssa go as she has become very attached to her in the last few years. Additionally, she worries about upsetting her friend and customers. So, Sadie does not terminate Alyssa and allows her to continue to drive for her company. Two weeks after contemplating Alyssa’s termination, the tragic phone call came informing Sadie that her delivery driver had been in an accident. Specifically, Alyssa became confused making a sharp right turn directly into a group of people waiting at a bus stop. Five people were killed and four others were seriously injured. The families of those killed by Alyssa pressure the District Attorney to press charges of vehicular manslaughter against Alyssa. However, the prosecutor feels that, ultimately, Sadie is the one responsible for the deaths because she should have never allowed Alyssa to continue to be her driver after the citizen complaints that were filed. The prosecutor decides to press vehicular manslaughter charges against Sadie.
Question:(A) Even though Sadie was not the one driving the vehicle responsible for the deaths, do you believe the prosecutor will be successful in prosecuting the business owner, Sadie, for vehicular manslaughter? In defense of your position, identify all of the legal term(s), appellate court decisions, and/or standard(s) that are applicable and describe how they support your answer. (B) Are there any defenses that could be raised to try and defend Sadie? Explain. Be sure to include and explain all relevant legal concepts and/or appellate court decisions that will be used in your defense. If there are specific criteria or elements that have to be met for your chosen defense(s) to be successful, make sure to spell those out in detail and then discuss how the facts of the case meet/don’t meet each element. (5 points)
At 1:15 pm, the city council enacted a statute that banned “the wearing of pants, sweats, or other lower body attire that sags below the top of the hipline;” a misdemeanor punishable by up to 10 days in jail and a $250 fine. Officer Anam has a friend on city council, who immediately calls him up and tells him of the news. Officer Anam has always been irritated by people who “sag their pants” and asked his friend on city council to propose the legislation. Upon hearing the news, Officer Anam goes out and immediately begins searching for citizens with sagging pants. He runs across an individual named Mark, whom he sees with sagging pants. He gets out of the car and places Mark under arrest for the offense. Mark asks the officer, “For what am I being arrested?” Officer Anam replies, “Saggy pants.” Mark, bewildered, states, “I did not know wearing clothes in a sagging manner was a crime.” Officer Anam replies, “Ignorance is no excuse for violating the law.” Mark asks, “When did that law go into effect?” Officer Anam replies, “30 minutes ago. Looks like this is not your lucky day. Ha Ha!” The case is turned over to the County D.A. for prosecution.
Question: You have been retained as Mark’s defense attorney. What defense would you put forward against the “sagging pants” charge? Explain. Be sure to include and explain all relevant legal concepts and/or appellate court decisions that will be used in your defense. If there are specific criteria or elements that have to be met for your chosen defense(s) to be successful, make sure to spell those out in detail and then discuss how the facts of the case meet/don’t meet each element. (5 points)
Abdullah and Aeshah, husband and wife, have been arguing over money and how to discipline their children. Abdullah wants to beat their kids with a leather whip every time they misbehave, while Aeshah wants to simply talk in quiet tones with the kids and explain why their behavior is harmful and hurtful. With regard to money, Abdullah has been gambling away half of his paycheck and, as a result, Aeshah and Abdullah have been in bitter arguments over their finances. Aeshah finally has enough of the bickering and looks Abdullah in the eye and says “I’m done! I am just going to end my life! I cannot take this anymore!!” Abdullah replies: “Fine, do it! Then I won’t have to put up with your b.s. anymore.” Abdullah then goes into the bedroom and gets his .357 Magnum revolver. He then approaches Aeshah and says “You want to be a big girl and do this? Take my gun! I’ll even load it for you. All you have to do is put the gun to your head and pull the trigger!” Abdullah proceeds to load the gun, cocks the trigger, and hands it to Aeshah. Abdullah states; “Here you go! Do us all a favor and pull the trigger.” Aeshah puts the gun to her head and screams: “I hate my life and most of all I hate you!!” Then Aeshah pulled the trigger killing herself instantly. Abdullah stared at Aeshah’s corpse for over an hour. Abdullah never believed Aeshah had the guts to do it. He thought she was bluffing. He finally got the nerve to call 911. During questioning, Abdullah conveyed to the police exactly what happened. He reiterated in that conversation that he never thought Aeshah would have the nerve to pull the trigger. The prosecutor decides to charge Abdullah with 2nd degree homicide (often described as a crime of passion; a homicide that occurs in the heat of the moment)
Question: Do you think the prosecutor is justified in charging Abdullah with 2nd degree homicide for his wife’s death? Explain.If you were to prepare a defense on Abdullah’s behalf, of what would your defense consist? Explain. Be sure to include and explain all relevant legal concepts and/or appellate court decisions that will be used in your defense. If there are specific criteria or elements that have to be met for your chosen defense(s) to be successful, make sure to spell those out in detail and then discuss how the facts of the case meet/don’t meet each element. (5 points)
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