Question: Eric mails glossy brochures to 25,000 people, offering to sell them a one-month time-share in...

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Question: Eric mails glossy brochures to 25,000 people, offering to sell them a one-month time-share in a stylish apartment in Las Vegas. The brochure depicts an imposing building, an opulent apartment, and spectacular pools. To reserve a space, customers need only send in a $2,000 deposit. Three hundred people respond, sending in the money. In fact, there is no such building. Eric, planning to flee with the cash, is arrested and prosecuted. His sentence could be as long as 20 years. (1) With what crime is he charged? (2) Is this a felony or misdemeanor prosecution? (3) Does Eric have a right to a jury trial? (4) Describe the burden of proof, actus reus, and mens rea in this case. Strategy: (1) Eric is deceiving people, and that should tell you the type of crime. (2, 3) The potential 20-year sentence determines whether Eric's crime is a misdemeanor or felony, and whether or not he is entitled to a jury trial. (4) We know that the government has the burden of proof in a criminal prosecutions-but how much evidence must it offer? Finally, distinguish actus reus from mens rea. Result: A felony is one in which the sentence could be a year or more. The potential penalty here is 20 years, so the crime is a felony. Eric has a right to a jury, as does any defendant whose sentence could be six months or longer. The prosecution must prove its case beyond a reasonable doubt, a much higher burden than that in a civil case. The actus reus in this case is mailing 25,000 brochures about a nonexistent building. The mens rea is Eric's guilty knowl- edge that the brochure is intended to swindle people.