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Chapter 9: Alcohol and Drug Offenses
Questions for Thought and Discussion
- Is requiring a person suspected of driving while intoxicated to submit to a blood-alcohol test a violation of the Fifth Amendment prohibition against compulsory self-incrimination?
- What are the typical difficulties facing prosecutors in drug possession cases?
Chapter 10: White-Collar and Organized Crime
Questions for Thought and Discussion
- What is the federal constitutional authority for enacting (a) antitrust and wire fraud laws? (b) Postal offenses? (c) Securities laws? (d) Bankruptcy laws?
- Why does the rationale for federal antitrust and securities laws require the availability of both civil and criminal sanctions?
- What criminal offenses described in Chapters 5 through 9 can be committed by using a computer?
Chapter 11: Offenses against Public Health and the Environment
Questions for Thought and Discussion
- Are criminal sanctions essential to the effective enforcement of food, drug, and cosmetic laws?
- Where smoking is prohibited by law in workplaces, restaurants, and bars, should violations be treated as civil or criminal infractions? What, if any, exceptions should be provided in such laws?
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1.Page 475–476 Text: Questions for Thought and Discussion: Questions 1, 6, and 8
·Today many security personnel are “private police,” yet Fourth Amendment protection has been extended only to those searches conducted by government officials. What arguments can be made for and against expanding the prohibitions of the Fourth Amendment to include security personnel?
·What is the rationale for excluding from trial evidence obtained in violation of the Fourth Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a defendant accused of a serious felony such as aggravated battery?
·The Supreme Court has created a “good-faith” exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding probable cause for a search. Should the good-faith exception be extended to cases where police acting in good faith conduct warrantless searches that are later held to be unlawful?
2.Page 509, Text: Questions for Thought and Discussion Questions 1, 4, and 9
·Practically speaking, what is the difference between “probable cause” and “reasonable suspicion”? How long can police detain a suspect based on reasonable suspicion?
·In the Miranda case, the Supreme Court released a convicted rapist to impose a requirement that police advise suspects of their constitutional rights before conducting interrogations. Was the Court’s decision a wise one? What has been the impact of the Miranda decision on law enforcement?
·Are the courts correct in limiting the scope of the Fifth Amendment Self-Incrimination Clause to verbal statements so that there is no constitutional protection against compulsory police identification procedures? What would be the implications for law enforcement if the courts included physical evidence like fingerprints or handwriting samples within the scope of the Fifth Amendment privilege?
3.Page 510, Text: Problems for Discussion and Solution: Question 2
·A police officer on night patrol saw a car parked off a dirt road in an area known to be a “lovers’ lane.” As his cruiser approached the car, he observed a male and a female sitting inside. He noticed the male occupant make a movement that the officer interpreted as an attempt to hide something under the seat. The officer approached the vehicle and directed the occupants to get out. As they did, he observed a marijuana “roach” in the open ashtray. The officer then reached under the front seat and retrieved a small quantity of marijuana. The officer placed both individuals under arrest. In court, the officer admitted that he was not concerned for his safety but simply had a “hunch” that the couple could be “doing drugs.” Did the officer make a legal arrest? Why or why not?
4.Page 547–548, Text: Questions for Thought and Discussion: Questions 1, 9, and 11
·Have the courts gone too far or not far enough in requiring that indigent defendants be represented by counsel at public expense?
·Compare the advantages and disadvantages to the defendant of insisting on the right to a speedy trial.
·Does the grand jury still play a viable role in the criminal justice system? Are the criticisms of the grand jury valid? Why or why not?
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Chapter 15: Search and Seizure
Text: Questions for Thought and Discussion: 1, 6, 8
- Today many security personnel are “private police,” yet Fourth Amendment protection has been extended only to those searches conducted by government officials. What arguments can be made for and against expanding the prohibitions of the Fourth Amendment to include security personnel?
- What is the rationale for excluding from trial evidence obtained in violation of the Fourth Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a defendant accused of a serious felony such as aggravated battery?
- The Supreme Court has created a “good-faith” exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding probable cause for a search. Should the good-faith exception be extended to cases where police acting in good faith conduct warrantless searches that are later held to be unlawful?
Chapter 16: Arrest, Interrogation, and Identification Procedures
Questions for Thought and Discussion 1, 4, 9
- Practically speaking, what is the difference between “probable cause” and “reasonable suspicion”? How long can police detain a suspect based on reasonable suspicion?
- In the Miranda case, the Supreme Court released a convicted rapist to impose a requirement that police advise suspects of their constitutional rights before conducting interrogations. Was the Court’s decision a wise one? What has been the impact of the Miranda decision on law enforcement?
- Are the courts correct in limiting the scope of the Fifth Amendment Self- Incrimination Clause to verbal statements so that there is no constitutional protection against compulsory police identification procedures? What would be the implications for law enforcement if the courts included physical evidence like fingerprints or handwriting samples within the scope of the Fifth Amendment privilege?
Problems for Discussion and Solution: 2
- A police officer on night patrol saw a car parked off a dirt road in an area known to be a “lovers’ lane.” As his cruiser approached the car, he observed a male and a female sitting inside. He noticed the male occupant make a movement that the officer interpreted as an attempt to hide something under the seat. The officer approached the vehicle and directed the occupants to get out. As they did, he observed a marijuana “roach” in the open ashtray. The officer then reached under the front seat and retrieved a small quantity of marijuana. The officer placed both individuals under arrest. In court, the officer admitted that he was not concerned for his safety but simply had a “hunch” that the couple could be “doing drugs.” Did the officer make a legal arrest? Why or why not?
Chapter 17: The Pretrial Process
Questions for Thought and Discussion: 1, 9, 11
- Have the courts gone too far or not far enough in requiring that indigent defendants be represented by counsel at public expense?
- Compare the advantages and disadvantages to the defendant of insisting on the right to a speedy trial
- Does the grand jury still play a viable role in the criminal justice system? Are the criticisms of the grand jury valid? Why or why not?
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Chapter 3
Can you think of an example of an ex post facto law?
Can a municipality enforce an ordinance totally banning religious organizations from canvassing neighborhoods in search of recent members? What about an ordinance that prohibits such canvassing between the hours of 8 P.M. and 8 A.M.?
How does the doctrine of judicial review affect the power of a state legislature to define criminal conduct? Would the constitutional limitations on legislative power be effective without the power of courts to declare laws unconstitutional?
Chapter 4
Distinguish between the concepts of motive and intent in the criminal law. Can you cite and instance where, despite good motives, a person would be guilty of a crime?
Is there a justification for the criminal law not punishing a person for failing to act when there is a clear moral duty to act?
Chapter 5
What justifies criminalizing attempt, solicitation, and conspiracy?
Should statutes defining conspiracy require proof of an overt act in furtherance of the conspirators’ agreement? Why or why not?
Given the First Amendment protections of freedom of expression and association, can members of a revolutionary political organization be prosecuted for conspiring to overthrow the government of the United States?
What distinguishes the offense of conspiracy from the crime of aiding and abetting, discussed in chapter 4?
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- (TCO 1) In the early days of the American republic, this became something of a “legal bible.”
- (TCO 1) Mala in se offenses includes _______.
- (TCO 1) In rendering interpretations of the law, appellate courts generally follow precedent, in keeping with the common-law doctrine of _______.
- (TCO 2) The Constitution provides: “The judicial Power…shall be vested in one Supreme Court, and in such inferior Courts as _______ may from time to time ordain and establish.”
- (TCO 2) These Courts are the major trial courts in the federal judiciary.
- (TCO 2) Congress’s legislative power may divided into two broad categories: enumerated powers and _______.
- (TCO 3) At a minimum, a criminal law that touches on constitutionally protected interests must be “rationally related to furthering a legitimate government interest.” This is referred to as the _______.
- (TCO 3) Designed more to limit the discretion of police and prosecutors than to ensure that statutes are intelligible to persons pondering criminal activity is the _______.
- (TCO 3) This crime is a good example of a general intent crime because the reckless acts of the accused that may have caused another’s death were done voluntarily, but without any intent to cause the death
- (TCO 4) Modern statutes generally view this party (the _______) as being less culpable than one who plans, assists or commits a crime
- (TCO 4) Under the doctrine of _______, the defendant’s original intent is transferred from one against whom it was directed to the one who suffered the consequences
- (TCO 4) A legal duty for a person to act to prevent harm to another may arise from _______.
- (TCO 5) One who intentionally strikes another person with a sharp metal letter opener would most likely be charged with _______.
- (TCO 5) The prosecution can establish premeditation in a homicide case by proving _______.
- (TCO 5) The common law maxim of caveat emptor means _______.
- (TCO 1) Discuss the constitutional guarantee of due process of law.
- (TCO 2) Discuss the difference between the enumerated powers and the implied powers of Congress, including those powers that apply to criminal justice
- (TCO 3) Distinguish between motive and intent
- (TCO 5) Define and explain the difference between larceny and robbery
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Chapter 9
- What is the federal constitutional authority for enacting (a) antitrust and wire fraud laws? (b) Postal offenses? (c) securities laws?(d) bankruptcy laws?
- Why does the rational for federal antitrust and securities laws require the availability of both civil and criminal sanctions?
- What is required to establish a “pattern of racketeering activity” under RICO?
Chapter 10
- Is requiring a person suspected of driving while intoxicated to submit to a blood-alcohol test a violation of the Fifth Amendment prohibition against compulsory self-incrimination?
- What are the typical difficulties facing prosecutors in drug possession cases?
- Is the drug court method of dealing with nonviolent drug offenders superior to the traditional methods of imposing a fine or jail term or placing the defendant on probation? Should drug courts limit eligibility to participate to first-time offenders?
Chapter 11
- Are criminal sanctions essential to the effective enforcement of food, drug, and cosmetic laws?
- Where smoking is prohibited by law in workplaces, restaurants, and bars, should violations be treated as civil or criminal infractions? What, if any, exceptions should be provided in such laws?
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Chapter 6 Offenses against Persons
Questions For Thought and Discussion
- How can the prosecution establish the corpus delicti in a murder case when the body of the victim cannot be found?
- Why has the common-law doctrine of felony murder become controversial among courts and legal scholars in recent years?
Problems For Discussion and Solution
- Several college freshmen enter the dean’s private office and remain there for several hours. They refuse to let the dean leave until he yields to their demands to allow unrestricted visitation in all dormitories. Under contemporary criminal statutes, what offense, if any, have the students committed? Explain.
- An intoxicated driver recklessly drove his vehicle into a car being driven by a woman who was seven months pregnant. As a result of the accident, the woman’s baby was born prematurely, suffered from extensive brain damage, and died two days later. The state law defines a person as an individual “who has been born and is alive.” Nevertheless, the state prosecuted the intoxicated driver, and a jury found him guilty of manslaughter. Do you think an appellate court should uphold the defendant’s conviction? Why or why not?
Chapter 7 Property Crimes
Questions For Thought and Discussion
- What is the rationale for courts to require that to obtain a conviction for possession of burglary tools the state must prove the accused knowingly had possession of burglar’s tools, krecent the tools could be used for a criminal purpose, and intended to use them for such purpose?
- Assume you are working as a staff assistant to a legislator who desires to introduce a bill to assist merchants who are experiencing losses from “bad checks.” What types of provisions and penalties would you recommend?
Chapter 8 Offenses Against Public Morality
Questions For Thought and Discussion
- Do you think proponents of same-sex marriage can use the Supreme Court’s decision in Lawrence v. Texas as a basis for constitutional assaults on state laws that prohibit such unions?
- How are laws proscribing obscenity susceptible to the over breadth and vagueness challenges discussed in Chapter 3?
- Do you think Congress can devise a law that will pass constitutional muster to protect children from Internet pornography? What suggestions do you have in this area?
Problems For Discussion and Solution
- Tanya Thong has been convicted of indecent exposure stemming from an incident in which she appeared topless on a public beach. On appeal, Thong argues that the indecent exposure statute amounts to unconstitutional sex discrimination because it prohibits women, but not men, from baring their breasts in public. Does Thong have a valid argument?
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C H A P T E R 3 Constitutional Limitations on the Prohibition of Criminal Conduct
- Can you think of an example of an ex post facto law?
- Can a municipality enforce an ordinance totally banning religious organizations from canvassing neighborhoods in search of recent members? What about an ordinance that prohibits such canvassing between the hours of 8 P. M. and 8 A. M.?
- How does the doctrine of judicial review affect the power of a state legislature to defined criminal conduct? Would the constitutional limitations on legislative power be as stringent without the power of courts to declare laws unconstitutional?
C H A P T E R 4 Elements of Crimes and Parties to Crimes
- Distinguish between the concepts of motive and intent in the criminal law. Can you cite an instance where, despite good motives, a person would be guilty of a crime?
- Is there a justification for the criminal law not punishing a person for failing to act when there is a clear moral duty to act?
C H A P T E R 5 Inchoate Offenses
- What justifies criminalizing attempt, solicitation, and conspiracy?
- Should statutes defining conspiracy require proof of an overt act in furtherance of the conspirators’ agreement? Why or why not?
- Given the First Amendment protections of freedom of expression and association, can members of a revolutionary political organization be prosecuted for conspiring to overthrow the government of the United States?
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Chapter 1 Questions:
- Should morality, in and of itself, be considered a sufficient basis for defining particular conduct as criminal?
- To what extent is the English common law significant in contemporary American criminal law?
Chapter 2 Questions:
- Compare and contrast the functions of trial and appellate courts. How are they similar? How are they different?
- What factors do you think a prosecutor should take into consideration in determining whether to prosecute an individual the police have arrested for possession of illegal drugs?
