Questions and Answers of Criminal Law

Judge Ralph Fertig, the lead plaintiff, a longtime pacifist and human rights advocate, says:he wants no part of terrorism or violence, but rather the right to advocate for the rights of the Kurdish
Which do you agree with, the majority or the dissent? Defend your answer.
Summarize the dissent’s argument that the“material support and resources” provisions do violate First Amendment rights of free speech and peaceable assembly.
Summarize the majority’s arguments supporting their conclusion that the “providing material support and resources to terrorist organizations”provisions don’t run afoul of the First Amendment
List the activities Judge Fertig and the HLP wish to pursue.
Do you believe she was denied equal protection of the laws? Back up your answer with points in the case and from your text.
Summarize the arguments made to support the decision in Commonwealth v. King (1997), which the court discussed.
Summarize the court’s reasons for ruling that the defendant was denied equal protection of the laws in this case.
Summarize the arguments the defendant made and the evidence she submitted to support her argument that she was discriminated against in the enforcement of the statutes.
Summarize the facts about how the johns were treated differently from prostitutes and why they were treated differently.
State the elements of the two crimes the prostitute was charged with and convicted of in the trial court.
Do you agree that violent video games can lead to horrors like that at Columbine? Before you answer, consider Judge Richard Posner’s (2001, 578) assessment of the same empirical findings in a case
Summarize the findings of the empirical evidence linking violent behavior to violent video games.
Summarize the court’s reasons for upholding the ordinance’s constitutionality.
Identify the County’s interests in banning minors from playing violent video games.
List exactly what the ordinance prohibits.
Relying on the information in your text, what specifically would you want the mayor, police chief, city attorney, and the public to know about CGIs?
Assume you’re an aide to the city. Would you recommend that the city go forward with the injunction?
If the majority didn’t properly strike the balance, how would you do it differently? Explain your answer.
Did the majority properly balance the interest in community order with the individual liberty?Explain your answer.
Would “any fool” know what conduct this ordinance prohibited? Defend your answer.
Explain specifically all of the reasons why the dissenting judges disagreed.
List the specific arguments the majority gave to support its conclusion that the ordinance was vague.
List the four elements in the Chicago antigang ordinance.
If you could, what terms would you include in an injunction in this case?
Assume you’re the attorney for the homeless people and argue that the Court should issue the injunction.
Assume you’re the attorney for San Francisco and argue that the Court should deny the injunction.
What are the plaintiffs’ objections to the Matrix Program?
Why did San Francisco adopt the Matrix Program?
Describe the main elements of the Matrix Program.
Was the sentence fair? Too harsh? Too lenient?Explain your answer.
What purposes of punishment do the forfeiture and sentence reflect? Recall the purposes of punishment laid out in Chapter 1: punishment requires(a) condemnation and hard treatment; (b) retribution;
List the relevant facts Ancheta admitted, and match them up with the elements you stated in (1).
State the actus reus, mens rea, attendance circumstance(s), and “bad result” elements of the federal “Fraud and Related Activity in Connection with Computers” statute.
About a year after the New Hampshire Supreme Court decided the case, the Remsburgs settled for $85,000. They wanted their day in court but grew frustrated with the court system.According to Amy’s
If you were a juror, would you vote to award Helen Remsburg damages? How much? Back up your answer with the rich facts supplied by the court.
Summarize the court’s answers and the reasons for its answers.
State the five questions the U.S. District Court asked the New Hampshire Supreme Court to answer.
Do you agree with it? Defend your answer.
What’s the reason for the “unauthorized entry”requirement?
How did the court arrive at the conclusion that Barry Jewell burglarized his own home?
How does the state of Indiana define the “dwelling of another” element?
List all of the facts relevant to determining whether Barry Jewell burglarized his own home.
Assume you’re the state’s prosecutor and argue that the facts prove the elements beyond a reasonable doubt.
Assume you’re Duane Mitchell’s lawyer and argue that the facts don’t prove the elements beyond a reasonable doubt.
List the facts relevant to each of the elements.
State the elements of actus reus and mens rea as the Pennsylvania criminal mischief statute defines them.
Assume you’re the defense counsel. Argue that Olga Sonnier should be acquitted of theft without consent and receiving stolen property. Back up your answer with the facts you listed in (2).
Assume you’re the prosecutor. Argue that Olga Sonnier is guilty of theft without consent and receiving stolen property. Back up your answer with the facts you listed in (2).
List all the facts relevant to deciding each of the elements of theft without consent and receiving stolen property.
State the elements of theft without consent of the owner and the elements of receiving stolen property in the Texas theft statute.
Is the dissent’s worry over the social problem the Mail Fraud Act is aimed at misplaced? Is it still a problem?
Which position do you favor? Defend your answer.
Summarize the dissent’s arguments in favor of upholding Maze’s conviction.
Summarize the arguments for the majority’s opinion reversing Maze’s conviction.
List the facts relevant to deciding whether Thomas Maze violated the statute.
State the elements of the federal mail fraud statute relevant to deciding whether Thomas Maze was guilty of mail fraud.
Should the court, or the legislature, change the meaning of the elements of larceny to fit modern conditions? Explain your answer.
Is the decision good public policy? Explain.
Did the court stretch the original meaning of the elements? Explain.
Summarize the court’s arguments to support the proof of each of the elements of larceny.
State the elements of larceny.
Do you agree with the majority or the dissent’s definition of “asportation”? Defend your answer.
What reasons does the dissent give for its definition?
How does the dissent’s definition of “asportation” differ from that of the majority’s?
What reasons does the majority give to support its definition of “asportation”?
What test did the court establish to determine how far defendants have to move victims to satisfy the asportation element of kidnapping actus reus?
In your opinion, do the facts support a guilty verdict? Was the six-and-one-half-year sentence too harsh? Explain your answers.
Assume you’re Hoying’s attorney. Relying on the facts of the case and Hoying’s arguments, argue that Hoying wasn’t guilty of stalking.
Assume you’re the prosecutor. Relying on the facts of the case and the reasoning of the trial and the appellate court, argue that Hoying was guilty of stalking.
List all the facts relevant to deciding whether the prosecution proved each of the elements.
State the elements of stalking according to the Ohio stalking statute.
Which opinion do you think is “right”? Defend your answer.
Summarize the dissent’s argument in favor of upholding the trial court’s judgment.
Summarize the arguments of the majority opinion reversing the guilty verdict.
List the facts relevant to deciding whether Cameron is guilty of domestic violence.
State the elements of the offense of domestic violence that Bobby J. Cameron was convicted of.
Should legislatures or courts decide whether to adopt the intrinsic or extrinsic force standard?Defend your answer.
Taking into account the evidence, decision, and reasoning of Commonwealth v. Berkowitz, which do you think is the better approach to the force requirement—intrinsic or extrinsic force?Defend your
Summarize the reasons the court gives for adopting the intrinsic force standard.
List all of the evidence relevant to determining whether M.T.S.’s actions satisfied the intrinsic force element of the New Jersey sexual assault statute.
Now, assume you’re the prosecutor, and argue that Robert Berkowitz didn’t use extrinsic force to achieve sexual penetration.
Assume you’re the prosecutor, and argue that Robert Berkowitz did use extrinsic force to achieve sexual penetration.
List all the facts relevant to deciding whether Robert Berkowitz’s actions satisfy the extrinsic force requirement.
Explain how the court came to the conclusion that the Pennsylvania rape statute required extrinsic force.
In your opinion, did Martin Evans rape or seduce Lucy Peterson? Back up your answer with the facts and circumstances in the case and the relevant text.
According to the judge, whose words should we look at to determine whether Evans threatened Lucy Peterson? Explain his reasons for the answer.
List the facts and circumstances the judge found pointed toward Evans’s guilt.
Do you agree with the majority opinion’s reasons for reversing the sentence? Or do the dissent and the trial court have the better arguments?Back up your answer.
How would you define “vehicular homicide”?Defend your definition.
Relying on the evidence in the case and referring to the Ohio provision, explain why Nicholas Mays was guilty of aggravated vehicular homicide.
How does the Ohio statute define “vehicular homicide”?
In your opinion, was Carter guilty of murder or voluntary manslaughter? Back up your answer with details and arguments from the excerpt.
Summarize the court’s reasons for rejecting Carter’s claim.
State the court’s definition of provocation.
Summarize the reason why Carter claims he committed voluntary manslaughter.
List all of the relevant facts and circumstances that provoked Stephen Roy Carter to kill Rebecca Wight.
If you were writing a voluntary manslaughter law, state the elements of the offense as you believe they should be.
Do you think the prohibition against provocative words makes sense?
If so, was it the adultery that provoked him or the provocative words his wife used to describe her adulterous relationship?

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