Criminal Law and Points

QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal to import Cuban, Nicaraguan, and Guatemalan cigars into the United States, Albert takes great pains to get his cigars. He calls Janice, another cigar lover, and asks for her help. They agree to work together. Janice and Albert buy a plane tickets to Canada, where they can legally purchase all cigars. They buy the cigars, hidden in their luggage, Albert and Janice smuggle six boxes of what they believes to be Cuban Cigars, six boxes of Nicaraguan cigars, and six boxes of Guatemalan Cigars into the United States.

Despite what Albert thought, it is only illegal to import Cuban and Guatemalan cigars in to the United States. The importation of Nicaraguan Cigars is legal. Moreover, the cigars that Albert thought were Cuban where actually Nicaraguan. As it turns out, Janice is an undercover ATF agent who had no intention of allowing Albert to bring the cigars into the United States. Janice arrests Albert. A. In one short paragraph, please state whether or not Albert may be charged with either or both of the crimes of Smuggling in Cuban Cigars or Smuggling in Nicaraguan Cigars. Do not consider attempt crimes in your answer. (8 points).

B. In one short paragraph, explain whether or not Albert may be charged with the crime Attempted Smuggling of Cuban Cigars under the Model Penal Codes’ substantial steps test. Be sure to explain the substantial steps test in your answer (8 points). C. True of False: Albert may be charged with criminal solicitation. (2 points). D. True or False: Albert may be charged with conspiracy only in a jurisdiction that uses a bilateral approach to conspiracy. (2 points). E. Assuming that you are in a jurisdiction that would allow Albert to be charged with Conspiracy, when was the crime of Conspiracy completed? (4 points) i. i.

When Albert and Janice agreed to smuggle the cigars. i. ii. When Albert and Janice purchased plane tickets to Canada. i. iii. When Albert and Janice boarded the plane back to the U. S. i. iv. When Albert and Janice entered the U. S. with the cigars. QUESTION 2: Please indicate whether the following statements about are true or false. (2 points each). A. A person who is convicted of Murder in the First degree may be sentenced to death on a case-by-case basis by the judge; to ensure fairness, the judge may use any criteria he or she deems appropriate (other than race, gender, or national origin) in reaching a death sentence.

B. Steven and Daniel agree to rob a store. Steven has no intention of hurting anyone which is why he agreed that only Daniel would carry a gun. During the robbery, Daniel shoots and kills the clerk. Steven may be charged with felony murder. C. The display of a weapon, without a verbal threat, is generally not enough to satisfy the threat of force requirement of most rape laws. D. In most states the difference between First Degree Murder and Second Degree murder is the presence of an aggravating factor during the commission of the crime (e.

g. a hate crime, torture, sexual assault, kidnapping, killing a police officer). E. In some states, words alone are sufficient provocation to downgrade a murder to manslaughter. F. The United States Supreme Court has held that laws prohibiting doctor assisted suicide are unconstitutional because they violate the person’s right to privacy in their bodies. G. Robbery is really the sum of two crimes, larceny and assault. For that reason, robbery is treated just as seriously by the criminal laws as larceny and assault are. H.

Desmond takes a trolley the jewelry store to buy Molly, his girlfriend, a 20 karat golden ring. On the trolley, Desmond sees Lucy and says to Lucy “girl, I like your face. ” Lucy slaps Desmond who stumbles back, falls off the trolley, and dies. Lucy may be charged with misdemeanor manslaughter. I. In most states, a reasonable and well founded belief that a sexual partner is over the age of consent is a defense to the crime of Statutory Rape. J. In some states, one can be convicted of receipt of stolen property for accepting stolen property which they think is stolen, even if they don’t know it is stolen.

QUESTION 3: Please answer the following questions. A. Mary is a college professor and tells Steven, a twenty-year old student, that she is doing a study on human sexuality and that the university has allowed any student who has sex with her as part of the study an automatic 4. 0 grade point average. Mary also mentions that students who do not participate risk failing her class. Steven consents to sex with Mary. When Steven gets his grades, he notices that his GPA is a 2. 4. Steven confronts Mary who admits that it was all a trick to get Steven into bed.

Humiliated, Steven decides to get even. Several months later, Steven approaches Mary and tells her that he is taking a photography class and wishes to photograph to photograph the inside of Mary’s vagina for a special exhibition. Mary agrees with the hope that Steven would thereby forgive her for tricking him. Instead of a camera, Steven inserts his penis into Mary’s vagina. In a short paragraph, answer whether Mary and Steven can be charged with rape and explain who or why not. (8 points). B. From the 1950’s to the 1980’s rape laws saw much reform in the United States.

Which of the following was never part of the older pre-reform laws? (4 points) i. A husband could not be prosecuted for raping his wife. ii. A victim must have physically resisted to her utmost, even if she was faced with the thread of serious harm. iii. The rape must have been reported within 12 hours of the occurrence. iv. The prosecutor must provide other witnesses to corroborate the rape. C. Fill in the blank: Candice walks up to Donna and says “you are sleeping with my man! If we were not right outside a police station, I would punch you in the face.

” This statement is not sufficient to prove a threatened battery because is a ___________ threat, which is not immediate. (6 points). D. Fill in the blank: __________ is the only crime defined by the U. S. constitution. (6 points). E. Which of the following events occurred in the 1930’s to cause New Jersey to upgrade its kidnapping law from a misdemeanor to a felony. (4 points). i. The outbreak of Work War II and the fear that the Nazis would kidnap prominent American politicians and businessmen. ii. The kidnapping and murder of Charles Lindbergh’s baby. iii.

The release of several kidnapping themed horror films such as Alfred Hitchcock’s classic, The Lady Vanishes (1938). iv. The kidnapping and subsequent brainwashing of Patty Hearst in Jersey City by the separatist group the Symbionese Liberation Army. F. In a short paragraph, define the elements of robbery and extortion and explain the main difference between the two crimes. (8 points). G. List three reasons why “in the nighttime” was a common law element of burglary. (6 points). H. Which of the following is not an element of international terrorism? (4 points). i.

Violent or Dangerous act committed outside of the United States. ii. Would be crime if committed in the U. S. iii. Committed by a person backed by a foreign government. iv. Committed to influence policy or conduct of government or to intimidate civilians. I. The theory that lower-lever quality of life crimes are connected and causal to more serious crime is known as the _________-__________ theory. (6 points). J. Which of the following is the weakest example of actual disorderly conduct? i. Greg stands on a street corner and screams obscenities at the top of his lungs.

ii. Charlene gathers a crowd and tells them that the time has come to riot. iii. Iris and Mendy have a fight in public. iv. Darryl and Steven loudly scream and yell at each other in public. THE END. Example of how your answers PUT YOUR NAME AT THE TOP!!! Question 1: A. True B. Stolen property C. Iv D. There are three reasons why the legislature changed the laws against….. Question 2: A. True B. Stolen property C. Iv D. There are three reasons why the legislature changed the laws against….. Extra Credit: