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Chapter 1 Chapter 1 Video Case: HIV Criminalization: MC Questions Rhoades and Suttle served time because their crime likely was investigated using the Model Penal Code (MPC). Under the MPC, which of the following is defined as "conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests"? a. civil liability b. criminal liability c. a felony d. a misdemeanor Which of the following is an additional punishment the men from the video must live with for many years to come, despite their having already served time in jail or prison? a. house arrest b. a restriction on employment c. registering as a sex offender d. payment of a fine to the victim or victim's family In the video, the defense attorney asked the lowa Supreme Court to do which of the following? a. Appeal the case. b. Overturn the conviction. c. Take a plea bargain. d. Reduce his time served. The defense attorney took the case to the lowa State Supreme Court. The lowa State Supreme Court represents which level in the lowa criminal court structure? a. the highest b. the second highest c. the third highest d. the lowest Criminal conduct is defined as which type of criminal acts triggered by criminal intent? a. numerous b. voluntary c. involuntary d. forced Criminal Law and Punishment in U.S. Society: An Overview Do you believe that individuals who knowingly engage in risky behavior with another person should be able to press charges against that person? Why or why not? What do you believe the reasoning is for why individualssuch as the men in this casemust continue to register as a sex offender? Assignment: Chapter 1 You Decide Part Il - Justify Your Choices: Crime and Punishment The central issue in Crime and Punishment revolves around what kind of behavior constitutes criminal conduct and what kind of punishment is appropriate for criminal behavior. Explain your choices in this scenario by addressing the following questions: What factors come into play to determine whether someone should be charged with committing a crime by the prosecutor? What effect does the punishment of criminals have on the criminal? What effect does it have on society? Explain your answer with an example. Chapter 2 Chapter 2 Video Case: Lionel Tate Revisited: MC Questions The Eighth Amendment to the U.S. Constitution bans "cruel and unusual punishments," which means barbaric punishment and punishments that are disproportionate to the crime committed. The proportionality principle has been applied to juveniles in criminal cases. The U.S. Supreme Court has ruled that juveniles who commit crimes while under the age of 18 may not be executed for their crime. The Court has also held that juveniles may not be given life without parole for nonhomicide crimes. Which amendment to the U.S. Constitution bans "cruel and unusual punishments"? a. First Amendment b. Fourth Amendment c. Eighth Amendment d. Sixth Amendment The principle of proportionality states that the punishment should a. compensate the victim for his or her suffering b. deter others c. cause equal harm to the perpetrator as was done to the victim d. fit the crime Were Lionel Tate an adult, the proportionality requirement would NOT have applied to his a. fines b. prison sentence c. parole terms d. death sentences Sentencing guidelines allow a judge when determining an appropriate sentence to consider the prior criminal record of the offender and the a. seriousness of the crime b. suffering of the victim c. possible rehabilitation of the offender d. deterrent effect of the sentence In the case of Graham v. Florida (2010), which would have applied to the Lionel Tate sentence had he remained under his sentence in 2010, the U.S. Supreme Court held that it is cruel and unusual punishment to sentence a juvenile offender to a. life with parole for any crime b. life without parole for a nonhomicide crime c. death for any crime d. life without parole for any crime Chapter 2 Video Case: Lionel Tate Revisited: Discussion Questions What constitutional limitations are applicable to sentencing? With Lionel Tate's case in mind, what factors might the sentencing judge consider in determining whether an offender is truly dangerous or a good candidate for rehabilitation? Assignment: Chapter 2 You Decide Part Il - Justify Your Choices: Constitutional Limits The central issue in Constitutional Limits revolves around how a constitutional democracy constrains the government's power to create criminal laws and punish offenders. Explain your choices in this scenario by addressing the following questions: What limitations does the First Amendment place on the creation of criminal laws? What limitations does the United States Constitution place on criminal punishment? Chapter 3 Chapter 3 Video Case&i#58; Affluenza Defense in Teenage Drunk Driving Case: MC Questions The criminal justice system punishes people based on voluntary acts they commit. The voluntary act is the "first principle of criminal liability." The reasoning behind this idea holds that criminal law punishes people who can be blamed, and people can only be blamed if they are responsible for their acts. People are responsible only for their voluntary acts. A teenager pled guilty to drunk driving and manslaughter after killing four pedestrians while driving drunk. At sentencing, his attorney argued that the teen needed counseling instead of the 20-year prison sentence the prosecution sought. A psychologist said the teen was emotionally flat and suffered from "affluenza," because his wealthy parents never set limits and excused bad behavior. The judge ordered therapy at an in-patient facility and 10 years of probation. The defense attorney tried to come up with a way to ensure that the drunk driver not at fault for the deaths he caused. Which of the following examples is a fault-based defense? a. kidnapping b. coercion c. domestic abuse d. Sleepwalking An attendant circumstance, such as "while intoxicated," is an example of which of the following? a. an act connected to a circumstance b. the intention connected to a circumstance c. circumstance connected to an act, an intent, and/or a result d. the result connected to an act or an intent For a crime to be a crime, it must include which of the following? a. criminal intent b. a voluntary act c. conduct that causes a bad result d. an involuntary act In the video, the teenager's defense attorney used the defense excuse of "affluenza." The affirmative defense excuses of insanity and diminished capacity take place during which part of the judicial process? a. at arraignment b. during the prosecution's presentation of the case c. at sentencing d. after the prosecution has proved that the defendant caused harm to the victim If another driver saw the teenager swerving in and out of traffic, he or she could choose to report what they saw. Which type of duty would this be? a. moral duty b. legal duty c. special relationship duty d. contractual duty Chapter 3 Video Case: Affluenza Defense in Teenage Drunk Driving Case: Discussion Questions Do you agree or disagree with the sentence that the teenager was given for the deaths of four people? Why or why not? What solutions can you think of that could increase the moral duty of reporting drunk drivers? Assignment: Chapter 3 You Decide Part Il - Justify Your Choices: The Bystander The central issue in The Bystander revolves around the elements of criminal liability and, in particular, actus reus. Explain your choices in this scenario by addressing the following questions: What is the concept of a voluntary act, and why is it so important to criminal law? When is an act not voluntary? Do you think Tom's act was voluntary? Why or why not? How are status, criminal omissions, and possession related to the voluntary act requirement of criminal liability? Explain using examples from this scenario. Chapter 4 Chapter 4 Video Case: Zimmerman Trial: MC Questions Serious crimes, such as murder and manslaughter, require a mental element (mens rea) in addition to the criminal act. While mens rea means an "evil state of mind," several states of mind can qualify as the mental element. The wide spectrum ranges from purposely committing a crime you are aware is criminal to creating risks of criminal conduct or causing criminal harms you are not even aware you're creating. In the Zimmerman trial, the prosecutors tried to show that Zimmerman was a pathological liar. This would tend to show that Zimmerman had the most blameworthy mental state, the mental state of a. knowingly b. purposely c. recklessly d. Negligently The Model Penal Code (MPC) definition of the level of culpability as having the "conscious object" to commit crimes is a. knowingly b. negligently c. recklessly d. Purposely According to the Model Penal Code (MPC), in bad result crimes, the mental element of what is fulfilled if the criminal was aware that it was "practically certain" that the criminal's conduct would cause the bad result? a. recklessness b. purpose . knowing d. negligent Awareness of the risk of causing a criminal result is the mental element of acting Awareness of causing the result itself is the mental element of acting a. knowingly; purposely b. recklessly; knowingly c. purposely; recklessly d. knowingly; recklessly Consciously creating risks is acting . Unconsciously creating risks is acting a. negligently; recklessly b. recklessly; knowingly c. knowingly; negligently d. recklessly; negligently Chapter 4 Video Case: Zimmerman Trial Discussion Questions What evidence was referenced in the Zimmerman trial which supports the state's argument that Zimmerman intended to kill Martin and is guilty of second-degree murder? What evidence was referenced in the Zimmerman trial that rebuts the State's argument that Zimmerman intended to kill Martin and is guilty of second-degree murder? Assignment: Chapter 4 You Decide Part Il - Justify Your Choices: States of Mind The central issue in States of Mind revolves around the concepts of mens rea, concurrence, and causation as elements of criminal liability. Explain your choices in this scenario by addressing the following questions: What are the different states of mind that qualify as mens rea for criminal liability? How do these relate to the concepts of concurrence and causation? How might a suspect's ignorance and mistakes create a reasonable doubt that the prosecution has proved criminal intent? Chapter 5 Chapter 5 Video Case: Mistrial in Jordan Davis Murder Case: MC Questions One of the elements of criminal liability is determining if the unjustified conduct was excused. In justification defenses, such as self-defense, defendants admit they were responsible for the acts, but they claim that what they did was justified under the circumstances. In addition, statutes such as stand-your-ground laws may absolve a defendant of criminal liability. Deadly force could only have been successful in the Dunn case if the defendant a. is retaliating for a past wrong b. believes the deadly attack is happening right then c. thinks an attack may happen later that day or the next day d. doesn't know when an attack will happen but knows it will happen someday Self-defense, as a justification defense, is only available a. against unprovoked attacks b. to the initial aggressor if he or she keeps attacking the victim c. against provoked attacks d. to the initial aggressor if he or she does not withdraw from the attack that he or she provoked Like the defense Dunn raised, most affirmative defenses are perfect defenses, which means that if they're successful, defendants are found a. civilly responsible b. not guilty 10 C. guilty d. guilty but receive no punishment In the use of deadly self-defense, Dunn would have to that it's necessary to use deadly force to repel the imminent deadly attack. a. unequivocally believe b. not be concerned c. reasonably believe d. not believe If a person doesn't start a fight, she can stand her ground and kill to defend herself without a. giving the attacker the opportunity to leave first b. shouting a warning first c. retreating from any place she has a right to be d. first trying to use nondeadly force to defuse the situation Chapter 5 Video Case: Mistrial in Jordan Davis Murder Case: Discussion Questions Why was the defendant's credibility so important in the Dunn trial? How does the evidence referenced in the video impact the jury's decision on whether self-defense applies to the Dunn case? Assignment: Chapter 5 You Decide Part Il - Justify Your Choices: Valid Justifications The central issue in Valid Justifications revolves around the justifications that can be used to prove that a defendant is not blameworthy and, therefore, is not criminally liable, even in cases where the defendant engaged in a criminal act. Explain your choices in this scenario by addressing the following questions: Why does the argument of self-defense absolve a defendant of criminal liability? How has the defense of self, home, and property changed with the recent proliferation of "castle doctrine" statutes? 11 Chapter 6 Chapter 6 Video Case: Holmes and the Insanity Defense: MC Questions Defendants can plead excuse as a defense, which means they admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did. Excuse defenses are affirmative defenses, so they are presented after the prosecution has proved its case beyond a reasonable doubt. Because this is an affirmative defense, defendants have to carry some of the burden of proving they have an excuse that will relieve them of criminal responsibility. The insanity defense is perhaps the best-known excuse defense. The affirmative defense of insanity, better known as the insanity defense, might legally excuses Holmes from criminal liability because of a. their status as a patient of a psychiatrist b. a mental disease or defect c. their failure to understand the law d. their diminished capacity The McNaughton rule, also known as the right-wrong rule, and used in insanity defense cases in most jurisdictions and the federal system, focuses exclusively on a. will b. volition c. self-control 12 d. Reason According to the irresistible impulse test used in several jurisdictions, when arguing an insanity defense, we can't blame or deter people who, because of a mental disease or defect, know that what they're doing is "wrong" but a. don't care and do the action anyway b. figure they can get away with it because of their mental disease or defect c. choose not to exercise their willpower to stop doing the action d. cannot conform their actions to their knowledge of right and wrong According to the Durham rule, also called the product-of-mental-iliness test, what are the "products" of mental disease or defect excuse criminal liability? a. words b. thoughts c. acts d. writings What does the substantial capacity test, adopted in the Model Penal Code, emphasize to determine culpability? a. reason and will b. reason only c. will only d. volition Chapter 6 Video Case: Holmes and the Insanity Defense: Discussion Questions Describe the different tests which could be applied to determine whether defendants like Holmes were insane at the time of their offense. 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? \f