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13 Which insanity test is most favorable to a defendant like Holmes? Why? Chapter 6 You Decide Part Il - Justify Your Choices: Protection for All The focus in Protection for All is on defendants who plead an excuse defense. Explain your choices in this scenario by addressing the following questions: How has use of an insanity defense changed since the attempted assassination of President Ronald Reagan by John Hinckley, Jr.? What tests for this insanity defense are most effective in your opinion? Should the test for insanity include whether the mental disease or defect overcame the defendant's willpower or volition? How can a person's age act as an excuse defense? Discuss the issues involved in the context of the scenario. Chapter 7 Chapter 7 Video Case: Mandatory Sentences in Girlfriend Cases: MC Questions An individual can be held responsible for another individual's crimes in two ways. A person is complicit when he or she can be held liable for someone else's conduct. Complicity applies criminal liability to accomplices and accessories. A person is vicariously liable when the relationship between two parties makes one party criminally liable for another party's conduct. Kemba Smith, who participated before or during a crime, created liability, and the punishment for her was for the person who actually committed the crime. a. accomplice; less that b. accessory; the same as c. accomplice; the same as d. accessory; less than Participants after crimes are committed are . They are prosecuted for 14 a. accomplices; a separate, minor offense b. accessories; a separate, minor offense c. accomplices; the same offense d. accessories; the same offense Accomplice actus reus means that the person a. engages in acts only after the commission of the crime b. thinks about ways to help in the commission of the crime c. is merely present at the commission of the crime d. engages in some positive act to help in the commission of the crime Accomplices like Kemba Smith are different than co-conspirators because accomplice and conspiracy cases are a. the same crime b. two completely different crimes c. very similar crimes d. are different crimes that punish the same act The courts are divided over whether the criminal intent of what is sufficient to prove accomplice mens rea? a. negligence b. recklessness c. knowledge d. purpose Chapter 7 Video Case: Mandatory Sentences in Girlfriend Cases: Discussion Questions Critique how accomplice liability operated in the Kemba Smith case. Should accomplices be punished in the same way as principals in all cases? Explain your position. 15 Chapter 7 You Decide Part Il - Justify Your Choices: Accomplices and Accessories The central issue in Accomplices and Accessories revolves around the criminal liability that individuals other than the perpetrator may have before, during, and after the commission of a crime, as well as the role certain relationships play in creating criminal liability. Explain your choices in this scenario by addressing the following questions: How can someone be an accomplice before or during a crime? What kind of criminal liability does an individual have if they are involved after the crime compared to before the crime? What is vicarious liability, and how is it related to respondeat superior and parental responsibility statutes? Chapter 8 Chapter 8 Video Case&i#58: Teens Accused of Hiring a Hit Man: MC Questions An inchoate crime includes the actus reus of taking some steps toward accomplishing the criminal purpose but not enough steps to complete the intended crime. Inchoate has the mens reaof purpose or specific intent. Inchoate crimes include criminal attempts, criminal conspiracy, and criminal solicitation. In this video, two teens are accused of a type of inchoate crime, as they are thought to have hired a hit man to kill the male's father. The motive was that the son would be set to inherit millions. Evidence is investigated, including text messages between the teens, as well as matching the shell casings at the scene of the crime. Which of the following is the type of crime that the teens committed, if they did indeed hire a hit man? a. criminal attempt 16 b. criminal conspiracy c. criminal solicitation d. criminal completion Which of the following must be present in criminal solicitation? a. An individual knows when a crime will happen. b. An individual induces another person to commit a crime. c. An individual has evidence for why the crime should be committed. d. An individual exchanges money for a crime to be committed. Why would the crime of hiring a hit man NOT be considered racketeering? a. The teens were not the ones who committed the crime, as they hired someone else. b. There was no monetary benefit from the crime at the time the crime was committed. c. There was no bank involved in the crime. d. The crime was not organized as an enterprise, and there was only one crime committed. If the mother in the video had knowledge about the teens' plan to hire a hit man, she could also be held responsible under a. voluntary abandonment b. probable desistance C. conspiracy d. attempt actus reus What are the four elements of conspiracy law that would need to be present for the teens to be held responsible? a. voluntary act, general intent, circumstance, criminal conduct b. voluntary act, general intent, organization, criminal conduct c. voluntary act, general intent, delayed response, criminal conduct d. voluntary act, general intent, completion, criminal conduct Chapter 8 Video Case: Teens Accused of Hiring a Hit Man: Discussion Questions Do you believe that individuals with \"luck\" (aka extraneous factor, such as a gun jam or similar) during an attempted murder should still be charged with murder? Why or why not? Do you believe there should be differing levels of conspiracy, such as the son of the deceased should be held more responsible than the girlfriend who was involved? Why or why not? Chapter 8 You Decide Part Il - Justify Your Choices: Attempts at Conspirac 17 The central issue in Attempts at Conspiracy revolves around the question of how far criminal law should go to prevent crime by punishing people who haven't accomplished their criminal purpose. Explain your choices in this scenario by addressing the following questions: What actions are needed for individuals to engage in attempted crimes and conspiracies? What defenses may they use in those situations? Should soliciting another person to commit a crime be its own crime? What arguments are made for and against the crime of solicitation? Chapter 9 Chapter 9 Video Case: Assissted Suicide: MC Questions In most states, doctor-assisted suicide is a crime. In states where it is legal, active voluntary euthanasia involves a deliberate act to cause the death of a dying person when that person has made a rational request to die and has been examined to guarantee the validity of the request. In Washington v. Glucksberg (1997), the U.S. Supreme Court left the decision to criminalize doctor-assisted suicide to a. the U.S. Congress b. state courts c. state legislatures 18 d. federal courts The law of criminal homicide makes it difficult to distinguish doctor-assisted suicide from a. second-degree murder b. first-degree murder c. voluntary manslaughter d. involuntary manslaughter According to which argument are the potential for wrong diagnoses and the threat of non-mercy killings too great to justify any exceptions to a total ban on doctor-assisted suicides? a. intrinsically immoral b. lack-of-control c. morally wrong d. slippery slope Supporters of doctor-assisted suicide say the argument isn't for euthanasia. They claim it is about a. ending insufferable pain b. doctorpatient privilege c. justified murder d. a moral imperative to help others In 2005, what did the U.S. Supreme Court do with Oregon's Death with Dignity Act, which allows individuals to ask a doctor to help them commit suicide? a. overturned b. upheld c. refused to hear a case about d. remanded to a lower court Chapter 9 Video Case: Assissted Suicide: Discussion Questions If doctor assisted suicide is illegal in a particular state, what crimes might doctors be committing if they assist a patient in their wishes to die with dignity? Interpret the arguments in favor and in opposition to doctor assisted suicide. What are the most compelling arguments? What do you believe? 19 Chapter 9 You Decide Part Il - Justify Your Choices: Lesser Charges Explain your choices in this scenario by addressing the following questions: What constitutes murder under our current criminal law? What are the main elements that make manslaughter different from murder? In those jurisdictions that impose the death penalty, it may be imposed for first degree murder, but not second-degree murder. What differences between the two could be argued to justify the death penalty in first degree, but not second degree, murder cases? Chapter 10 Chapter 10 Video Case: Campus Sexual Assault Bill: MC Questions 20 Rape and sexual assault are different than other felonies because, under other circumstances, some of the behaviors connected with them are considered healthy and wanted. Many statutes define rape as intentional sexual penetration by force without consent. Which rule states that the amount of resistance required to prove lack of consent by the victim depends on the totality of circumstances in each rape case? a. circumstances b. reasonable resistance c. lack of resistance d. utmost resistance What is one element of modern rape law? a. the force and resistance rule b. unintentional sexual penetration c. nonconsent by the victim d. consent by the victim To satisfy the threat-of-force requirement in rape statutes, the prosecution has to prove the victim experienced a. just subjective fear b. just objective fear c. subjective and objective fear d. fear followed by actual use of force In statutory rape, the victim's what substitutes for the element of force? a. age b. consent c. willingness d. lack of resistance The honest and reasonable mistake rule as applied to rape cases applies the mental element of a. knowing b. purpose c. recklessness 21 d. negligence Chapter 10 Video Case: Campus Sexual Assault Bill: Discussion Questions In what ways have the elements of rape changed since the founding of the United States? Do you agree with the "yes means yes" movement? Do you believe that it should be incorporated into state's law such that intercourse without clear verbal consent is rape? Explain. ol 10 You Decide Part Il - Justify Your Choices: Stalki | Sex Off The central issue in Stalking and Sex Offenses revolves around the violation of intimacy and autonomy caused by sexual assaults and rapes, as well as other crimes against a person's body, such as assault, battery, stalking, and kidnapping. Explain your choices in this scenario by addressing the following questions: Why does the law require proof of nonconsent in sexual assault crimes? What are some of the factors and circumstances that prove nonconsent? How does the criminal justice system address acts that cause fear in a victim but do not involve any form of actual physical violence? What is cyberstalking and how does it relate to the general crime of stalking? 22 Chapter 11 Chapter 11 Video Case: Home Depot Security Breach: MC Questions Cybercrimes are crimes committed over the Internet or other wireless network. Crimes against online product and service sales as well as crimes against business computer systems may result in the breach of customer data information and identity theft from debit and credit cards. Home Depot and Target have both reported data breaches that affect millions of shoppers. Cyberthieves engage in these crimes because more than 60 percent of Americans bank online and many people shop online. When the thieves obtain the debit and credit card numbers, they can sell them. In an attempt to stop cybertheft, new debit and credit cards have a dual verification system. Chip and pin technology applies to cards that have a chip with account information and requires a personal identification number (PIN) to confirm identity. Cybercrimes are crimes that use computers and other smart devices and the Internet. They subsume which type of crimes? a. sexual assault b. inchoate C. property d. assault Identity theft is stealing another person's identity primarily for the purpose of a. becoming that person b. getting something of value c. changing identities d. revenge against that person Which term refers to the copyright of a popular song, the patent on a breakthrough drug, a trade secret to an innovative product, or a trademark to a valuable brand? a. cyber property b. Internet property c. online data d. intellectual property Businesses that don't report intellectual property thefts are afraid that doing so will a. cause thieves to profit more 23 b. directly lead to more theft c. hurt their business d. cause employees to quit Except for ordinary theft, which type of crime claims more than twice as many victims in the United States as all other crimes of taking other people's property combined? a. robbery b. identity theft c. fraud d. burglary Chapter 11 Video Case: Home Depot Security Breach: Discussion Questions It was mentioned in the video that retailers could be held responsible for any fraud. Do you agree that they should be held responsible? Why or why not? Because identity theft has more victims than many other crimes, do you believe that the consequences should be higher? Chapter 11 You Decide Part Il - Justify Your Choices: Losses of Property and Identity The central issue in Losses of Property and Identity revolves around the misappropriation of someone's property. Explain your choices in this scenario by addressing the following questions: There are a wide variety of property crimes. What are the differences and similarities between robbery and burglary? What is the cybercrime of identity theft? Why is it so devastating to the victims? 24 Chapter 12 Chapter 12 Video Case: Right to Feed the Homeless: MC Questions Crimes against public order and morals are often called "quality of life" crimes. These crimes address "bad manners" in public that people in society believe create disorder and threaten the quality of life of ordinary people. Other people believe that making so-called "bad manners" a crime deprives individuals of their liberty without due process of law. The best recent research suggests that disorder and serious crime a. are causally linked b. do not directly cause each other c. do not have common causes d. have no relation to each In Papichristou v. City of Jacksonville (1972), what did a unanimous U.S. Supreme Court do to a Jacksonville, Florida, vagrancy ordinance? a. Affirmed it. b. Failed to address it. c. Struck it down. d. Remanded it. What makes it a crime to roam without visible means of support? What makes it a crime to stand around with no apparent purpose? a. vagrancy; loitering b. disorderly conduct; loitering c. loitering; vagrancy d. vagrancy; disorderly conduct In Kolender v. Lawson (1983), the U.S. Supreme Court struck down a California statute that tried to what to vagrancy and loitering by making it a crime to wander the streets and fail to produce credible identification when a police officer asked for it? a. Do away with. b. Combine. c. Build upon the laws against. 25 d. Strengthen the laws against. While its supporters have been more cautious with the theory since it was first introduced in 1982, the broken-windows theory espouses that there is what between disorderly conduct and serious crime? a. no link b. a tenuous connection c. a possible connection d. a direct link Chapter 12 Video Case: Right to Feed the Homeless: Discussion Questions Justify the state's prosecutorial interest in cases like Abbott's. What problems might be caused if law enforcement overlooked Abbott's behavior? Chapter 12 You Decide Part Il - Justify Your Choices: Disorderly Conduct The central issue in Disorderly Conduct revolves around the balancing of order in society with the liberty of individuals. Explain your choices in this scenario by addressing the following questions: Why is it important to have a category of disorderly conduct crimes if their penalties of short jail sentences and low fines are so small compared to other crimes, such as murder and rape? What arguments support and oppose the claim that prostitution is a victimless crime? 26 Chapter 13 Chapter 13 Video Case: Wichita Would-Be Bomber: MC Questions In the United States, there is a need for safety and security and also a desire for privacy and liberty. After the terrorist attacks of September 11, 2001, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, also known as the USA PATRIOT Act, was enacted to create new crimes of terrorism and enhance penalties for existing crimes. The crime of terrorism is the use of what to achieve political or ideological aims? a. violence or intimidation b. civil law c. one's thoughts d. criminal law Loewen is charged in part under what that makes it a crime of terrorism to provide material support to terrorists or designated foreign terrorist organizations? a. the U.S. Constitution b. the Sedition Act c. the USA PATRIOT Act d. the Espionage Act The U.S. Supreme Court decided in Holder v. Humanitarian Law Project (2010) that the section concerning what part of the USA PATRIOT Act was neither constitutionally vague nor did it violate First Amendment speech and assembly rights, as applied to the facts of Holder? a. receiving training from a foreign terrorist organization b. using certain weapons of mass destruction 27 c. material support for a terrorist organization d. harboring or concealing terrorists The majority of the defendants in the top 50 alleged terrorist plot cases were a. foreigners b. illegal immigrants c. visiting the United States d. legal residents of the United States Since September 11, 2001, the most commonly prosecuted crime against the state has been a. espionage b. terrorism c. treason d. sedition Chapter 13 Video Case: Wichita Would-Be Bomber: Discussion Questions Did Loewen commit any of the crimes of treason, espionage, sabotage, or sedition? Why or why not? In what ways did the USA PATRIOT Act expand criminal liability for criminal activity? Chapter 13 You Decide Part Il - Justify Your Choices: Treason, Espionage, and the USA PATRIOT Act The central issue in Treason, Espionage, and the USA PATRIOT Act revolves around the application of criminal law to ease the tension created between the need for safety and security and the desire for privacy and freedom. Explain your choices in this scenario by addressing the following questions: How do the federal crimes of treason and espionage protect the United States during the present time of heightened concern regarding terrorism? How are innocent citizens protected from being prosecuted unjustly under these statutes? What kinds of crimes can be prosecuted under the USA PATRIOT Act? How does the material support the provision of safety and security but also maintain individual privacy and freedom?