Basic Concepts

Directions: Review the preliminary crimes—solicitation, attempt, and conspiracy—discussed in the Student Edition on pages 104–106. Draw symbols that represent each of the three types of preliminary crime.

Solicitation Attempt Conspiracy

After drawing the symbols, examine the four situations below and decide for each situation what, if any, preliminary crime John and Titus are guilty of. Underline each crime that John and Titus have committed. Note that John and Titus may have committed more than one preliminary crime. The first one is done for you.

1. John asks Titus to steal a laptop from a party they are attending. Titus says no.

John: Solicitation Attempt Conspiracy No Crime

Titus: Solicitation Attempt Conspiracy No Crime

2. John asks Titus to steal a laptop from a party they are attending. Titus says yes. Titus goes to the office in the house, puts the laptop under his shirt, and starts to leave. The parent of the friend having the party catches Titus before he can leave the party.



3. John asks Titus to steal a laptop from a party they are attending and Titus says yes. Titus goes up to the office in the house and unplugs the computer. However, he changes his mind and leaves the house without the computer.



4. John asks Titus to steal a laptop from a party they are attending. Titus says yes, although he has no intention of stealing the laptop. Titus leaves the party without going to the room where the computer is. He tells no one.



20 UNIT 2 Criminal Law and Juvenile Justice

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CHAPTER 8 ACTIVITY Basic Concepts

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Directions: Read the facts below and then answer the questions that follow on a separate sheet of paper.

Very late on a Saturday night, Jose, Manuel, and Fermine, who were casual acquaintances, were partying at a club. Jose was 21, while Manual and Fermine were 20 years old. All three had been drinking. Around 1:00 A.M., they piled into Manuel’s car and headed for a party about 20 miles away. As they were driving, Jose admitted that he had had a short affair with Fermine’s sister. Manuel pulled the car over and a fight began.

By 3:00 A.M., Manuel and Fermine had broken Jose’s jaw, several of his ribs, and two bones in his neck. They kicked him about 50 times in the head and chest with steel-toed boots. During the fight, Jose and Fermine rolled into a drainage ditch. Manuel and Fermine left on foot, leaving their car behind. Manuel broke into a store and called 911 to summon aid for his badly bleeding hand. He made up a story to tell the police and got a ride home.

Fermine ran to his brother’s house, crying that he might have killed a man. His brother gave him clean clothes and drove him back to the ditch so he could collect things from the car and then leave the state. Fermine saw Jose in the ditch, sitting with his elbows on his knees. Fermine and his brother drove to a gas station, where Fermine tossed his bloody clothes in a trash bin, and Fermine headed out of state. He drove past the ditch, noticed that Manuel’s car was gone, and assumed that Jose had been found.

Manuel told his mother about the fight. Later that afternoon, Manuel drove back to the ditch with a friend. This friend later told police that the two of them saw Jose still alive and that he reached his hand toward them. They left without doing anything. That night Manuel’s mother went to the police at 7:30 P.M. It was 16 hours after the fight had begun. When the police arrived at the ditch, Jose was dead. During the time that Jose was in the ditch six people knew he was in the ditch and did nothing to help him.

Medical examiners said later that Jose could have been saved had any of the witnesses called for help.

1. Who are the principals in the crime of murder?

2. What is the guilty state of mind for murder?

3. What is the motive in this case for murder?

4. Are there any accessories before the fact? If so who?

5. Are there any accessories after the fact? If so, who?

6. Is there any crime of omission? If so, what?

7. What should happen to the six people who knew that Jose was in the ditch but did nothing?

8. Is there any civil suit that can be brought? If so, what?

9. Is this murder a federal or state crime? Why?

10. Is murder a felony or misdemeanor? How do you know?

UNIT 2 Criminal Law and Juvenile Justice 21

CHAPTER 8 ACTIVITY Application

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Directions: Match each crime listed on the left with the required intent on the right. Some items on the left may be used more than once, and some may not be used at all.

1. _____ first-degree murder

2. _____ felony murder

3. _____ second-degree murder

4. _____ voluntary manslaughter

5. _____ involuntary manslaughter

6. _____ negligent homicide

7. _____ kidnapping

8. _____ assault

9. _____ battery

10. _____ stalking

11. _____ sexual assault

12. _____ rape

13. _____ statutory rape

14. _____ acquaintance rape


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a. intentional act

b. no intent required

c. not premeditated intent to kill

d. criminal recklessness

e. criminal negligence

f. premeditated, deliberate, intent to kill

g. can include accidental killing

h. intent to kill as a result of extreme provocation

i. carelessness

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CHAPTER 9 ACTIVITY Analyzing

Directions: Read each case. You are the prosecutor whose job it is to decide what, if any, criminal homicide charge you will bring (criminal homicide charges are described below). Decide what to charge in each case, and then explain why you chose your answer. In each answer, show how each element of the crime you are charging can be proven from the facts presented.

Criminal Homicide

• First-degree murder: a person with a premeditated intent, deliberately and with malice takes the life of another.

• Second-degree murder: a person with an unpremeditated intent to kill takes the life of another.

• Voluntary manslaughter: a person causes the death of another after extreme provocation.

• Involuntary manslaughter: a person with criminal recklessness causes the death of another

Case 1

Sixteen-year-old Terry was in a bedroom at his family’s home with his younger brother when he pulled a handgun from underneath his mattress. Terry was allegedly pointing the gun at his brother when it fired. The bullet struck his brother, killing him.

Terry had gotten the .380-caliber semi-automatic handgun by trading a 9 mm Glock he had stolen from his father. The police say they believe the shooting was not intentional.

Crime charged:

Why?

Identify each element of the crime and what evidence supports your decision.


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Case 2

Mr. Chung was awakened by the sound of his girlfriend screaming that someone had just stolen the couple’s car from outside their home. Chung got his gun, jumped into another car, and chased after the thief.

Chung found the 15-year-old thief, Ethan, just a few blocks away driving the stolen car. Chung then drove alongside the stolen car in an attempt to make Ethan stop. The pursuit lasted several blocks, ending when Chung pulled his handgun out of a holster and fired three times at the car. Two shots hit the right rear fender. A third shot shattered the back window and hit Ethan in the head. Ethan died four days later.

Chung told investigators that during the pursuit, Ethan tried to swerve toward him in the stolen car, and that Chung fired because he feared for his life. Prosecutors said a witness saw no “erratic or alarming” driving.

Chung is a family man with no criminal record and a long history of helping others. Chung worked for 11 years as a caregiver at a school for disabled youth. He had also been a firefighter in the armed services. Ethan was a troubled youth who had a long history of stealing cars, drug use, and truancy.

Crime charged:

Why?

Identify each element of the crime and what evidence supports your decision.

CHAPTER 9 ACTIVITY Analyzing (continued)

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Directions: Write the term from the list below next to the appropriate definition.

arson cyberstalking larceny to bacco salesto minors

auto theft embezzlement music piracy un authorized useof a vehicle

burglary extortion re ceiving stolen utteringproperty

carjacking forgery robbery vandalism

concealment hacking shoplifting

cybercrime identity theft

1. Offering to another person as genuine a document known to be a fake

2. Sales of cigarettes and related products to persons under 18 years of age

3. Falsely making or altering a writing or document with intent to defraud

4. Use of a computer to commit traditional crimes, such as theft or stalking, and crimes unique to computers, such as spamming, launching worms and viruses, and attempts to illegally acquire another’s personal information

5. Unlawful taking of property from a person’s immediate possession by force or intimidation

6. Receiving property from another person who is not legally in control of the property

7. Taking of a vehicle temporarily without permission

8. Using threats to obtain the property of another

9. Willful destruction of, or damage to, the property of another

10. Illegally accessing other computer systems

11. Attempted shoplifting (recognized in some states)

12. Using force or intimidation to steal a car from a driver



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13. Unauthorized entry into any structure with the intent to commit a crime

14. Unlawful taking of property by someone to whom it was entrusted

15. Taking items from a store without paying or intending to pay for them

16. Unlawful taking and carrying away of the property of another with intent to steal it

17. Unauthorized taking of a vehicle without the intent to return it

18. Willful and malicious burning of another’s property

19. Fraud or theft committed by a person who uses the personal information of another person

20. Unlawful downloading, duplication, or distribution of music

CHAPTER 10 ACTIVITY Basic Concepts (continued)



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Directions: Review these property crimes defined in the Student Edition on pages 116–120. Then, below each label, draw a picture for that crime to demonstrate the differences among the crimes.

Robbery Vandalism

Larceny Identity Theft

Burglary Cyberstalking

CHAPTER 10 ACTIVITY Understanding


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Directions: Review the discussion of cybercrime on pages 122–125 of the Student Edition. Then fill in a short description of how cybercrime is involved in each of the items listed in questions 1–12. Next read through the facts on page 29 and determine which cybercrime or law is involved in each situation. The first one has been done for you.

1. Theft

2. Cyberstalking

3. Phishing

4. Spamming

5. Denial-of-service attacks

6. U.S. Digital Millennium Copyright Act of 1998

7. Children’s Internet Protection Act of 2000

8. Internet child pornography ban

9. Computer Fraud and Abuse Act of 1986

10. National Information Infrastructure Act of 1996

11. USA Patriot Act of 2001, as amended in 2006

12. Federal Copyright Laws

CHAPTER 10 ACTIVITY Understanding and Application



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CHAPTER 10 ACTIVITY Understanding and Application (continued)

A. _____ After receiving a failing grade in her science class, Rebecca illegally accessed the school’s computer system and changed her grade to a “B.”

B. _____ Ibrahim signed onto a Web site that permitted users to share copyrighted music for free. He downloaded his favorite songs.

C. _____ The computers in the school library and classrooms do not have filters. Students know where to find pornography on the Web.

D. _____ Rebecca’s mother is the school secretary. She gave Rebecca the password to get access to the school’s computer system.

E. _____ Ibrahim bought a copy of the newest software for word processing and installed it on his laptop and the desktop computer at home.

F. _____ Rebecca’s boyfriend broke up with her and started going out with Jade. Rebecca sent several e-mails to Jade, telling her that she should be careful because something bad might happen to her.

G. _____ Together, Rebecca and Ibrahim created a new computer virus and launched it. The virus causes people who open the attachment to delete the contents of their hard drive.

H. _____ Rebecca created an e-mail to look like it is from the Internal Revenue Service. It invites people to go to a Web site and put in their personal information in order to geta tax refund.

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Directions: Write the definitions of the 13 defenses below on a separate sheet of paper. Then write the number of each defense in the correct category on the graphic organizer. Some lines will be blank.

1. alibi

2. defense of others

3. defense of property

4. duress

5. elements of the crime were not all present

6. entrapment

7. infancy

8. intoxication

9. insanity

10. lack of criminal intent

11. mistake in identity

12. necessity

13. self-defense

DEFENSES

No crime committed

Did not commit the crime

Committed the act, but it was excusable or

justifiable

Committed the act but was

not criminally responsible


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Directions: Review the defenses to criminal cases on pages 126–132 in the Student Edition. Then select the defense that seems most appropriate to each case below. Predict whether each defendant will be successful with the defense, and give reasons for your prediction. Write your answers on a separate sheet of paper.

Case 1

Mwamini, who is six years old, took her father’s loaded gun and killed her three-year-old brother.

1. What defense, if any, will Mwamini likely use?

2. Will she be successful? Give your reasons.

Case 2

Bill got drunk to work up the courage to shoot his ex-wife. He shoots her but does not kill her.

1. What defense, if any, does Bill have to a charge of assault with intent to kill?

2. Will he be successful? Give your reasons?

Case 3

At the time that Stanley killed his mother, he was having a psychotic episode and believed his mother was a lion trying to kill him.

1. What defense, if any, does Stanley have to a charge of murder?

2. Will he be successful? Give your reasons.

Case 4

After Harry’s arrest for robbery, his mental condition went from functioning to nonfunctioning. He no longer can help his lawyer defend him because he is no longer competent.

1. What defense, if any, does Harry have to the charge of robbery?


Case 5

Kamal used to be a drug addict, but he has been clean for six months. An under-cover police officer approaches him and pressures him to find drugs for the officer to buy. Kamal refuses several requests before finally giving in to the intense pressure. He gets some crack cocaine for the officer.

1. What defense, if any, does Kamal have to the charge of illegal drug sales?


CHAPTER 11 ACTIVITY Application


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CHAPTER 11 ACTIVITY Application (continued)

Case 6

One gang threatened Sergio that they would kill his mother if he did not join their gang. To join their gang, he was required to steal liquor from the liquor store. He steals the liquor and is caught.

1. What defense, if any, does Sergio have to the charge of theft?


Case 7

A wildfire burns across a 50-mile area. To escape the fire, Marcus and Jennifer cross Nathan’s land, even though it is posted with no trespassing signs.

1. What defense, if any, do Marcus and Jennifer have to the charge of criminal trespass?

2. Will they be successful? Give your reasons.

Case 8

Roz, who hates dogs, drove down the street at the posted speed limit. A neighbor’s dog ran out in front of her, and Roz could not stop. She killed the dog.

1. What defense, if any, does Roz have to the charge of animal cruelty?


Case 9

The police arrest Tanya, who fit the description of a car thief. Tanya’s mother states that Tanya was home all night with her.

1. What defense, if any, does Tanya have to the charge of theft?


Case 10

Gabe and Alan have had conflicts for years. One day Alan attacks Gabe for no reason. Gabe strikes back and stops Alan from attacking. Gabe continues to pound Alan several more times before he stops.

1. What defense, if any, does Gabe have to the charge of assault?


Case 11

Margaret gets off an airplane and grabs her laptop from the overhead bin. She discovers when she is on her connecting flight that she has grabbed someone else's computer.

1. What defense, if any, does Margaret have to the charge of theft?



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Basic Concepts

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