Questions and Answers of Criminal Law

Compare and contrast burglary and trespassing.
Which should we be more concerned with: traditional property damage and invasion, or property damage and invasion with computers?
Explain social engineering.
Compare and contrast cybercrime and cyberterrorism.
In what ways are cybercrime prosecutions compromised by jurisdictional problems?
Appellant was charged with, among other things, armed robbery and possession of a firearm during a crime of violence, both arising from an incident in which, according to the indictment, he forcibly
In April 2002, Stallings was incarcerated at the Algoa Correctional Center, having served thirteen years of his twenty-three year sentence for various felony offenses. He worked as a clerk in the
Graciela Zuniga-Arteaga appeals her conviction for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). On appeal, Ms. Zuniga-Arteaga argues that § 1028A(a)(1) cannot be applied to
Identify the elements of larceny.
What is the criminal law rule for “Finders, keepers—losers, weepers”?
Compare and contrast extortion and robbery.
Compare and contrast larceny and embezzlement.
Explain the difference between forgery and uttering.
Identify four types of intellectual property.
What are some of the pros and cons of theft law consolidation?
At trial, the evidence showed defendant managed an escort service which advertised on the internet. An undercover officer testified he scheduled a meeting with one of defendant’s escorts . . . and
Defendants Elie and Campos both are charged with three counts of violation of the Unlawful Internet Gambling Enforcement Act of 2006 (“UIGEA”), one count of conspiracy to violate UIGEA, two
On May 15, 2005, C.E., a fourteen-year-old female attending high school, received two photographs via e-mail from Jorge Canal. Canal was eighteen years of age and attended the same school when this
Explain how group criminality differs from complicity and vicarious liability.
Explain the relationship between unlawful assembly, rout, and riot.
Compare and contrast at least three offenses against public order.
Should prostitution be illegal? Why or why not?
Should gambling be illegal? What about social gambling? Defend your answer.
Has the Supreme Court adequately defined obscenity? Why or why not?
Should the drinking age be raised, lowered, or kept the same? Why?
What is your opinion of government’s efforts over the years to legislative morality?
At what point should indecent exposure be considered criminal? Why?
Should swearing be illegal? Why or why not?
Congress has prohibited the provision of “material support or resources” to certain foreign organizations that engage in terrorist activity. 18 U.S.C. § 2339B(a)(1) . . . The plaintiffs in this
Following a six-day trial in March 2008, a jury convicted Defendant Hassan Abu-Jihaad on two charges: (1) disclosing national defense information to those not entitled to receive it in violation of
In the dark of night on July 28, 2012, in Oak Ridge, Tennessee, an 82 year-old nun and two Army veterans, ages 57 and 63, cut their way through four layers of fences and reached a building where the
Define terrorism.
Compare and contrast five types of terrorism.
Explain the U.S. government’s 4D strategy for combating terrorism.
What is the role of the PATRIOT Act in combating terrorism?
Compare and contrast treason, sedition, and sabotage.
Define criminal syndicalism. How is it similar to other offenses against the state?
Gregory Koppersmith, the appellant, was charged with the murder of his wife, Cynthia (“Cindy”) Michel Koppersmith. He was convicted of reckless manslaughter, a violation of § 13A-6–3(a)(1),
Steven Mark Loge (Appellant) was cited for a violation of Minn. Stat. § 169.122, subd. 3 (1998), which makes it unlawful for the driver of a motor vehicle, when the owner is not present, “to keep
Douglas L. Bauer (Defendant) was charged with third-degree assault. The Superior Court, Kitsap County, denied Bauer’s motion to dismiss, but certified matter to the Court of Appeals. The Court of
This case comes to us on appeal from questions certified to the Minnesota Court of Appeals from the Dakota County District Court regarding two mistake of law defenses—reliance on advice of counsel
On March 11, 2014, a jury convicted Myah Evans Batie of domestic violence in violation of R.C. 2919.25(A) with a prior conviction specification. The charge arose out of a physical altercation between
Charles E. Haynes (Defendant-Appellant) entered a conditional plea of guilty in the United States District Court for the Western District of Wisconsin, to assault. Haynes appealed. The Court of
Peggy Stewart (Defendant) was charged with murder in the first degree of her husband. The Butler District Court, entered verdict of not guilty. The prosecution appealed with a question reserved. The
The following dialogue is from Dan Rather Reports.Marion Hammer, executive director of Unified Sportsmen of Florida, representative of the Florida chapter of the NRA: When you are prosecuting
Terry Toops (Defendant) was convicted in the Cass Superior Court of operating a vehicle while intoxicated, operating a vehicle with 10 percent or more alcohol in the blood, operating a vehicle while
On a cold winter day, William Celli and his friend, Glynis Brooks, left Deadwood, South Dakota, hoping to hitchhike to Newcastle, Wyoming, to look for work. The weather turned colder, they were
Jason Shelley was convicted in the Superior Court, King County, of second-degree assault, arising out of an incident in which Shelley intentionally punched another basketball player during a game.
Donald W. Myers III (Defendant) was convicted and found guilty but mentally ill, following a jury trial in the Circuit Court, Steuben County, Allen N. Wheat, J., of four counts of attempted murder on
K.R.L., an eight-year-old boy, was convicted of residential burglary by the Superior Court, Clallam County, and he appealed. The Court of Appeals reversed.FactsIn July 1990, K.R.L., who was then 8
Ernest Oliver was convicted of larceny from the person in the Eighth Judicial District Court and sentenced to ten years in prison. He appealed. The Supreme Court reversed.FactsOn the night of
Jeffrey Belew was convicted and sentenced to 27 years in prison. The Ohio Court of Appeals affirmed his conviction. A majority of the Ohio Supreme Court let the conviction and sentence stand without
Zeta Chi (Defendant), a college fraternity, was convicted, following trial in the Superior Court, Strafford County, of selling alcohol to a person under the age of 21, and of prostitution. Defendant
Robert Boehnen was charged with violating a Waukesha, Wisconsin, ordinance that makes it illegal for a person who holds a liquor license or one of his or her employees to serve alcohol to anyone not
Parent defendants were found guilty of violating a snowmobile statute which makes parents vicariously liable for the acts of their children simply because they occupy the status of parents. The
Franklin Roosevelt Dabney (Defendant) was convicted, after a jury trial in the Circuit Court, Baltimore County, of attempted fourth-degree burglary. Defendant appealed. The Court of Special Appeals
Rakeem D. King (Defendant) was convicted in the Circuit Court, Charleston County, J.C. Nicholson, Jr., J., of attempted murder, armed robbery, and possession of a firearm during the commission of a
George Lee Mims, Sr. was prosecuted for an attempt to enter the Madeira Beach Bank with intent to rob it by force and violence and by intimidation. The United States District Court for the Middle
David Griffin (Petitioner) is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of robbery in concert, burglary,
Ferris Alexander, Sr. (Defendant, now Petitioner) was convicted in the United States District Court for the District of Minnesota, of tax offenses, obscenity offenses, and Racketeer Influenced and
The surgical method described in this paper differs from classic D&E in that it does not rely upon dismemberment to remove the fetus. Nor are inductions or infusions used to expel the intact fetus.
Ernest Schleifer was charged in an information with solicitation to commit crimes. The trial court granted Schleifer’s motion to dismiss the charge. The State appealed the dismissal. The
Raymond Alien Snowden, Defendant, pleaded guilty to murder in the first degree. The District Court, 3rd Judicial District, Ada County, entered judgment and the sentence of death, and Snowden
The Ohio Revised Code vehicular homicide statute (Section 2903.06) About 2:00 p.m. on Sunday, August 24, 1975, a white man about 34 years old came out of a store and walked toward his car. Siegfried
Charged with second-degree murder, M.C.L. § 750.317; M.S.A. § 28.549, Daniel Lindley Thomas (the defendant) was convicted by a jury of involuntary manslaughter, M.C.L. § 750.321; M.S.A. § 28.553.
Following a joint bench trial [trial by a judge without a jury], Steven O’Neil, Charles Kirschbaum, and Daniel Rodriguez, agents of Film Recovery Systems, Inc. (Film Recovery), were convicted of
Carl E. Vatcher fatally shot his 11-year-old son, James. A Superior Court jury convicted him of murder in the first degree on a theory of deliberate premeditation. On the morning of the shooting
George Schnopps, the defendant, was convicted before the Superior Court, Berkshire County, Massachusetts, of first-degree murder of his estranged wife and of unlawfully carrying a firearm. At a
Stephen Roy Carr (Defendant) was convicted of murder in the first degree before the Court of Common Pleas of Adams County, Criminal Division, and he was sentenced to life imprisonment. He appealed.
Upon convictions entered pursuant to guilty pleas, Nicholas Mays, the defendant, was sentenced by the Hamilton County Court of Common Pleas to five years’ incarceration for aggravated vehicular
Just hours before they died, Sherry Miller, Marjorie Wantz, and their family members met with Kevorkian at the home of Sherry Miller’s parents on October 22, 1991. Miller, 43, had advanced multiple
Robert Berkowitz (defendant) was charged with and convicted of rape in the Court of Common Pleas, Monroe County, of rape. He was sentenced to one to four years. The intermediate court of appeals (The
Juvenile S.M.I. (16 years old) appeals from an adjudication of delinquency on a charge that, if committed by an adult, would constitute second-degree sexual assault, N.J.S.A. 2C:14–2c(1). We have
Bobby J. Cameron (the defendant) was found guilty in the Municipal Court, Hamilton County, of committing domestic violence. The Municipal Court judge sentenced Cameron for a violation of
Read “Should bullies be treated as criminals?” available at http://usatoday30.usatoday.comewsation/story /2012–06–12/bullying-crime-schools-suicide/55554112/1.1. List and summarize the
Ted Hoying, the defendant, was convicted by a jury in the Court of Common Pleas, of menacing by stalking and intimidation of a victim. He was sentenced to a total of six and one-half years in prison.
Tyrone Allen was convicted in the Superior Court, City and County of San Francisco, of the kidnapping of a person under the age of 14. He appealed. The Court of Appeal affirmed.FactsOn August 7,
The defendant, Lai Lee, is charged with one count of Petit Larceny (PL § 155.25) and has filed a motion seeking dismissal of the complaint as facially insufficient. In order to be facially
Thomas Maze, Defendant, was convicted in the United States District Court for the Western District of Kentucky at Louisville on four counts of mail fraud. The Court of Appeals reversed. The Supreme
The U.S. military granted Navy commander Charles E. Coughlin a Purple Heart and the government awarded him $331,000 for neck and other injuries he claimed to have suffered when American Airlines
On August 27, 2007, an 87-year-old woman’s purse was stolen in a supermarket parking lot. As a result, the defendant, Nelson Rolon, was charged with, and ultimately convicted of, first-degree
Olga Lee Sonnier, the defendant, was convicted after a bench trial in the 230th District Court, Harris County, of theft. She was sentenced to 15 years confinement, and she appealed. The Court of
Following a nonjury trial, held on December 22, 1992, Duane Mitchell (the defendant) was convicted of the criminal mischief . . . graded as a misdemeanor of the third degree. The defendant filed
Barry L. Jewell, after a jury trial, was convicted of burglary with a deadly weapon resulting in serious bodily injury, a class A felony, and battery resulting in serious bodily injury, a class C
Ignacio Carlos Flores-Figueroa (Defendant) was convicted in the United States District Court for the Southern District of Iowa of aggravated identity theft. Flores-Figueroa appealed on the ground
Somewhere in Norristown, Pennsylvania, a husband’s paramour suffered a minor thumb burn at the hands of a betrayed wife. The United States Congress— “everywhere extending the sphere of its
• Former President Jimmy Carter, while he monitored elections in Lebanon, met with leaders of all the parties, including designated terrorist organization Hezbollah, to advise them on fair
I make this affidavit in support of an application for a complaint and arrest warrant for Asher Abid Khan (“Khan”), a 20-year old Houston area resident, who conspired to provide himself and his
According to the U.S. Attorney’s Office, Eastern District Tennessee:On February 18, 2014, Michael Walli, Megan Rice, and Greg Boertje-Obed were sentenced in U.S. District Court by the Honorable
Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of
On June 30, 2009, Saint Paul, Minnesota, initiated two CGI lawsuits against the East Side Boys and the Selby Siders, two local gangs with a long history of violent criminal conduct, including a
Jesus Morales and other defendants in several separate cases were charged in the Circuit Court of Cook County with violating the Chicago anti-gang ordinance. Morales and the defendants in one case
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that ROSS WILLIAM ULBRICHT, a/k/a “Dread Pirate Roberts,” a/k/a “DPR,” a/k/a “Silk Road,”
Concluding the first prosecution of its kind in the United States, a well-known member of the “botmaster underground” was sentenced this afternoon to nearly five years in prison for profiting
Marc Burrell (defendant) was convicted of manslaughter after a jury trial in the Superior Court. Burrell appealed, arguing that the trial court committed an error in its jury instruction concerning
Brian Michael Gall (hereafter “Petitioner”) was convicted, on his guilty plea, in the U.S. District Court for the Southern District of Iowa, of conspiracy to distribute ecstasy and was sentenced
Omer Ninham (Defendant) was convicted of first-degree intentional homicide and was sentenced to life in prison without possibility of parole. Ninham filed a motion for relief from his life sentence,
Patrick Kennedy was convicted of the aggravated rape of his eight-year-old stepdaughter under a Louisiana statute that authorized capital punishment for the rape of a child under 12 years of age and
Shawn Gementera pilfered letters from several mailboxes along San Francisco’s Fulton Street on May 21, 2001. A police officer who observed the episode immediately detained Gementera and his partner
Defendants John Geddes Lawrence and Tyrone Garner were convicted in the County Criminal Court at Law No. 10, Harris County, Texas, of engaging in homosexual conduct. They appealed. On rehearing en

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