Criminal Law 10th Edition Thomas J. Gardner, Terry M. Anderson - Solutions

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Can you think of others?
Define the concept of restorative justice and then compare its principles with those of the adversarial system of criminal justice.
What is meant by evidence-based practices in the criminal justice system?
Define ethics and note its role in the criminal justice system.
What is a task environment in criminal justice, and why is this concept important in the study of criminal justice?
What is discretion, and what role does it play in the criminal justice system?
Define the concept of beyond a reasonable doubt.
What is meant by the criminal justice system as an adversarial system?
Compare and contrast the crime control and due process models of criminal justice administration.
Why is the Constitution Act, 1867 important in the study of Canadian criminal justice, and what responsibilities does it assign for criminal justice?
Identify the components of the criminal justice system.
Describe the restorative justice approach as an alternative response to persons in conflict with the law.
Discuss the deterrent value of the criminal justice system.
Describe what is meant by the “politics of criminal justice.”
Discuss the factors that are associated with public confidence in the criminal justice system.
Compare the levels of accountability of criminal justice system personnel.
Discuss the issue of ethics in criminal justice.
Describe the task environments of the criminal justice system.
Discuss the role of discretion in the criminal justice system.
Describe the flow of cases through the criminal justice system, including the criminal justice “funnel.”
Compare and contrast the two models of criminal justice administration.
Discuss the roles and responsibilities of the federal government and provincial/territorial governments, as related to criminal justice.
Discuss the purpose of the criminal justice system.
If so, should mass violation be the only determinant?
Should mass violation of the law play a role in changing the law? Or should this be the responsibility of governments?
In your view, should a particular drug that is currently illegal be legalized if it is used widely?
If so, what factors might come into play that contribute to the change?
Can you think of a behaviour that is currently against the law that may become legal in the future?
Describe the origins and content of the Criminal Code.
Describe the fundamental freedoms, equality rights, and enforcement provisions of the Canadian Charter of Rights and Freedoms.
What are the origins and key principles of the rule of law?
Define criminal law and note its functions.
What role do the following play in the Canadian system of criminal law: (a) precedent,(b) stare decisis, (c) statute law, and (d) case law.
What is meant by Canada as having a common law legal system?
How do substantive law and procedural law differ?
Contrast the value consensus model and the conflict model as explanations for the origins and application of criminal law.
Who are moral entrepreneurs and what role do they play in relation to the criminal law?
What is meant by the social construction of crime?
What is a crime and what are the two essential requirements for a behaviour to be considered criminal?
What is critical thinking (thorough thinking) and how can it assist in the study of the criminal justice system?
In your view, is this an instance in which the law is being used as an instrument of social policy? If yes, should it be?
In your view, does the legislation violate the fundamental rights of citizens as guaranteed by the Charter of Rights and Freedoms?
What is your view of this legislation?
Discuss the issues surrounding the application of criminal law in a diverse society.
Discuss the Canadian Criminal Code.
Describe the main provisions of the Canadian Charter of Rights and Freedoms.
Discuss the importance of the Canadian Charter of Rights and Freedoms.
Describe the origins and importance of the rule of law.
Discuss the key principles of Canadian law.
Identify the types of Canadian law and the functions of the criminal law.
Discuss the differing perspectives on the origins and application of the criminal law.
Define crime and discuss how crime is constructed.
Describe what is meant by critical thinking.
Federal agents executed a sting operation in Illinois against the defendant Skoczen, in which the agents offered to sell Skoczen stolen, contraband cigarettes.When Skoczen agreed to the deal, the agents crossed state lines and obtained cigarettes from a cigarette manufacturer. They brought the
Pursuant to Executive Order No. 12,543, the president identifi ed Libya as a country to whom shipment of goods from the United States was prohibited. A U.S. resident arranged to ship fi fty trailers to Italy, and from there another company was to ship the goods to Libya. United States custom agents
Judges have the power to issue summary criminal contempt citations where a person’s conduct obstructs the judicial process. If the person uses only bad language, but does not otherwise slow down or obstruct the court proceedings, can the person be held in contempt? See United States v. Marshall,
It is a violation of the immigration laws to “bring” an illegal alien into the United States. Can a defendant who does not actually cross the border with an illegal alien be convicted under these laws? What must the prosecution prove? See United States v. Arzati-Picasso, 18 Fed. Appx. 484 (9th
The gang known as the Mexican mafia, or “the Eme” exerts signifi cant control over the inmates of California prisons, as well as many of the street gangs in Los Angeles. Convicting leaders of crimes can be a problem, since witnesses to crimes of violence may be unwilling to testify against gang
Two police officers stopped a car, believing the passenger made an obscene gesture to them. They then beat the passenger. When the Police Internal Affairs investigated the beating, the defendants convinced friends to lie about the event, in part by offering them money and paying their attorney
A drug dealer has $50,000 in cash proceeds from the sale of illegal drugs. He gave $30,000 to his wife, with instructions to “hide” the money in a safe deposit box maintained at a bank for that purpose. With the rest, he purchaseed a used car. Can he be convicted of money laundering for either
An unusual case came before the U.S. Supreme Court in 1997. Over a period of time, a sheriff and his deputy were requiring bribes from a prisoner for contact visits with the man’s wife and sometimes his girlfriend. The offi cers were paid $6,000 a month and $1,000 per contact visit, which was
One frequent defense in a deportation case rests on the United Nations Convention Against Torture, to which the United States is a signatory. What must be shown by the alien threatened with deportation if this Convention is urged as a basis for nondeportation?See Zheng v. Ashcroft, 332 F.3d 1186
Federal law enforcement offi cers have the option of deportation when investigation leads to an alien in the United States providing support to a terrorist group.One threatened with deportation may bring his or her case before the Board of Immigration Appeals. What must the government (or the
Since 9/11, federal law permits suspected terrorists/enemy combatants to be detained indefi nitely by military authorities, usually without review by civilian courts. (See Chapter 8.) What does it take to be an enemy combatant? Can an alien seized shortly after 9/11 be detained in a military prison
How does government obtain a court order to identify electronic communications, such as cell phone use, of a suspected terrorist? Has the procedure changed since 9/11? See In Re Application by U.S.For Order for Prospective Cell Site Location, 460 F.Supp2d 448 (S.D. N.Y. 2006).
The defendant was sitting in the passenger seat another man’s car. A police offi cer approached the car and asked the driver a question. The driver put a plastic bag that contained marijuana on the center console of the car, and the offi cer saw the bag.Both the driver and the passenger were
The defendant was found with a “crack pipe” in his possession. It was of the type that could be used for smoking crack cocaine, but it could also be used for other purposes. Can the defendant be convicted of possession of drug paraphernalia? Would it matter whether he bought the pipe or made it
The police fi nd a car or truck parked on or near a road.Looking inside, they see a person sitting or lying in the car. They open the door, and it is clear the person in the car is intoxicated. Under what circumstances can the person be charged with drunk driving? What must the prosecution prove?
The defendant and another man went to a part of town where illegal drugs were sold. They pooled their cash and bought some heroin. They ingested the heroin, and the other man died. The defendant was charged with a drug-induced death under the New Jersey drug-induced death statute.Can he be
The defendant, an illegal alien, was charged with various crimes, including “knowingly transferring”a document that contains another person’s identifi -cation. The defendant had purchased what he knew to be fake alien identifi cation and Social Security cards, but argued he did not know the
The police arrested a thief in possession of three stolen car radios. The police returned the radios to the car dealer that owned them. The thief informed the police he was planning on selling the radios to the defendant. The police returned to the car dealer, picked up the three radios, and eleven
A technician working in a Maine veterinary research lab wanted to move to another job. She contacted a Wyoming veterinarian, who was CEO of a Wyoming company that in some areas competed with the Maine research company. In the course of several months of e-mail and letter communications between the
Some states distinguish between illegal pyramid schemes and illegal lotteries, making the penalties higher for lottery convictions than for pyramid convictions. Can a participant in a pyramid scheme, a misdemeanor, be charged under the felony lottery statute? If so, when? When would the state be
The defendant entered the home of a man he believed had drug money hidden. He held a gun on the man and a woman seated next to him and demanded the money. When the man refused, the defendant shot him. He then demanded the woman find the money. While searching, the woman escaped. Can the defendant
Washington State has a statute making robbery of a “fi nancial institution” a crime. The defendant was convicted of robbing a bank. On appeal he argued his conviction must be reversed because the prosecution presented no evidence that the robbery took place at a business that met the defi
Defendant went to the victim’s house supposedly to look at and buy a rifl e owned by the victim. When the victim gave the rifl e to the defendant to inspect, he turned the rifl e on the victim and refused to give the rifl e back. Can he be convicted of robbery? What argument can he make that he
The defendant had brief sexual affairs with several men. In each case after the affair was over, she wrote to the man and demanded money or she would make a criminal complaint against him charging sexual assault. In some cases she did in fact make such a complaint. Can her conviction for extortion
The parents of two children in the custody of state authorities stopped a van in which the children were passengers and at gunpoint expelled the state offi cers from the van. They drove the van a short distance and abandoned it. Can they be convicted of theft of the van? See State v. Christene, 93
A defendant invited a few of his friends out for a fancy dinner. The tab was $20,000. The defendant did not pay the bill. What should the charge be:theft of services or theft of goods? What must the prosecution prove to convict the defendant? See People v. Wilson, 751 N.Y.S.2d 720 (N.Y. 2002), and
A state statute makes it a crime to steal a “fi nancial transaction device.” Can a defendant who takes credit card numbers from receipts he sees at his job be convicted under this statute? See State v. Rhea, 636 N.W.2d 364 (Neb. 2001).
Most states have consolidated the various common law larceny offenses into a general theft offense.Where that has happened, under what circumstances, if any, may a defendant be charged and convicted of separate offenses for “taking,” “retaining,” or “disposing of ” stolen property? See
In State v. Bacon, 2005 WL 758065 (Conn. 2005), the defendant was convicted under Connecticut’s child pornography laws. Based on the U.S. Supreme Court decisions discussed in this chapter, what issues would you expect the defendant to raise on appeal?How did the court resolve those issues? Was
A man is parked in his car on a city street at night. A woman approaches the car and gets in without being invited. Inside the car the woman offers to perform a sex act for money. Can the woman be prosecuted under the following statute? A person who “solicits or accepts a solicitation to engage
New Jersey passed a sexual predator law in 1998 that provides for civil commitment of convicted sexual offenders. In In re Commitment of W.Z., 801 A.2d 205 (N.J. 2002), the New Jersey Supreme Court remanded a case to the trial court to decide if the defendant could be committed under the statute,
Consent by the victim is often raised as a defense to charges of sexual assault or rape. When must that consent exist? If consent is once given, can it be retracted?What should the rules be for retraction of consent?See State v. Bunyard, 133 P.2d 12 (Kan. 2006).
Parental kidnapping usually involves a noncustodial parent running off with a child while visiting with the child. In such a case, the retention of the child is kidnapping because the parent has no right to continued custody of the child. Can a parent who has joint custody, with the other parent,
A woman sued a former boyfriend, seeking the return of personal property held by the boyfriend.The lawyer representing the boyfriend stated that a judgment against the boyfriend would be no good, because “she (the lawyer) didn’t know where he was living.” The woman poked the lawyer in the
Warfi eld went along for the ride with a group of men who intended to commit a robbery. The men went into a victim’s house, tied up and confi ned her children, and were about to force her to go to her workplace and open a safe that held cash receipts from the business where the woman worked. As
When a riot occurs in a prison, the inmates sometimes seize a guard or other prison employee and hold that person during the period of the riot. Not all the inmates will directly participate in seizing or holding the guard, even if they otherwise participate in the riot.When the riot is quelled,
Should the defendants in the following cases be charged with murder, manslaughter, a lesser offense, or no crime at all?a. During a domestic argument, a wife taunted her husband with words that enraged the man. He killed his wife. See Girouard v. State, 321 Md.532, 583 A.2d 718 (1991).b. The victim
Steele and another security guard working for a night club scuffl ed with a customer in the club’s parking lot. The customer got in a car with other people in it and took a gun out of the glove compartment. He pointed the gun at the back window, where Steele was standing. Steele shot into the
On April 5, 2007, FBI Special Agent Barry Bush was killed by an accidental discharge of another agent’s weapon while the agents were in a shootout with three bank robbery suspects. Can the bank robbers be charged with felony murder? Does any theory of felony murder exist that would support such a
An elderly woman resisted a purse snatching near her home and was knocked to the pavement. The two purse snatchers escaped with $15–$20 in the purse.The woman was taken to a hospital with a cut on the back of her head. Because a blood clot developed in her brain, surgery was performed. The woman
The city of Monrovia, California, passed an ordinance that prohibited school-age children from being in public places during school hours on school days. Citations were issued by police who discovered children in violation of the ordinance.Is this a truancy law? If so, would it be valid in
Massachusetts General Lawc. 269, Section 1, fi rst passed in 1750, states: “If fi ve or more persons, being armed with clubs or other dangerous weapons, or if ten or more persons, whether armed or not, are unlawfully, riotously, or tumultuously assembled in a city or town . . . any member of the
A man stood outside a dentist’s offi ce and near a church where children were being dropped off for day care. Believing the church supported abortion rights, the man yelled at the children, “Why are you going in there? They kill babies.” Many of the children were visibly upset by the man’s
The defendant and his girlfriend were arguing, and the defendant punched the girlfriend.Neighbors saw the punch and called the police. As they were arriving, the defendant left in his car.While the police were talking with the woman, the defendant called her on her telephone. The police officer
In 2007 the U.S. Supreme Court decided Gonzales v. Carhart, 127 S.Ct. 1610 (discussed in Chapter 9). In that case, the Court held that the Partial-Birth Abortion Ban of 2003 was constitutional. In a short concurring opinion, Justice Thomas noted that the question of the power of Congress under the
Kasi was convicted in Virginia State Court for the murder of three CIA employees outside CIA headquarters in Langley. After the killings, Kasi escaped from the United States and returned to his native Pakistan. Four years later, FBI agents discovered Kasi in Pakistan and forcibly abducted him back
Wheeler, a Navajo tribal member, was convicted in tribal court of contributing to the delinquency of a minor. He was subsequently indicted in federal court for statutory rape arising out of the same incident.a. If the above occurred in the same jurisdiction, would it violate the Double Jeopardy

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