Claw Final

Front 1

Discuss, compare, and contrast kidnapping and false imprisonment.

Back 1

Both- deprivation of liberty/confinement

Kidnapping requires asportation, false imprisonment does not, can be more brief

Front 2

Discuss the crime of stalking and stalking laws. Besure to include how stalking first became a crime, the actus reus ofstalking and how stalking statutes vary.

Back 2

1990s actress Rebecca Schaeffer murdered by stalker, CA creates 1st anti-stalking statute

Now all states and fed have statutes

Actus- repeated, maintain visual/physical proximity, follow, pursue, spy, harass, sometimes threat

Mens rea varies like cray, subjective v. objective "fear" requirement- some one or other, some both, some intent

Front 3

Using the facts and the holdings from Commonwealth v.Berkowitz (PA 1994) and State in the Interest of M.T.S (NJ 1992) explainthe difference between extrinsic and intrinsic force in regards to rape actusreus

Back 3

Berkowitz- ext MTS- int

Ext- force beyond penetration

Int- penetration alone

Front 4

How has the law of rape and rape prosecutions changedover the years?

Back 4

Originally higher force requirement, no spousal rape, vaginal only

Harder to prove

Victim had to prove "credibility"- chastity, "promptly" reported, witnesses

Front 5

What are the different exceptions to the force andresistance rule? How are they different?

Back 5

If incapacitated per intoxication, mental deficiency, or insanity

Deception/fraud can substitute for force

Fraud in fact- victim doesn't think it's intercourse (Dr. Rapeypants)

Fraud in the inducement- falsely promising benefit (Dr. MiracleSperm)

If minor

Front 6

What is the essential difference between assault andbattery? Discuss the mens rea and actus reus of each

Back 6

Battery- unwanted, offensive touching

Assault- attempted/threatened battery

Mens- varies, usually intentional but sometimes reckless/negligent

Front 7

Statutory rape is to have carnal knowledge of a personunder the age of consent whether or not accomplished by force. Discuss howimmaturity replaces force in the case of statutory rape and what it means tosay that statutory rape is a strict liability crime in most states

Back 7

Offender does not need to use force, age makes it rape, consent not a defense. Strict liability per no intent to rape if consensual, still rape

Front 8

Compare and contrast the elements of common lawburglary with typical current burglary statutes. Be sure to provide examples

Back 8

Common- breaking/entering

Now- partial entry, attempted entry, remaining included

Front 9

Discuss, compare, and contrast contemporary burglaryand criminal trespass. Be sure to provide examples

Back 9

Burg- break/enter w/ intent to commit felony

Crim. tres- invade another's property

Front 10

Discuss some of the new ways that computers and theinternet have made it possible for criminals to commit old crimes. Provideexamples of how the law has changed to accommodate these new forms of oldcrimes

Back 10

Same 3 types of property crimes- taking (illegal download), invading (posting personal info-SSN, add), damaging (virus) other's property

Law changed ex- stalking. Not visual/physical proximity but still stalking!

Front 11

Discuss, compare, and contrast larceny, embezzlement,and false pretenses. Be sure and includethe actus reus of each

Back 11

Larceny- taking/carrying away another's property w/o consent w/ intent to permanently deprive

Embezzlement- unlawfully converting property you legally obtained to your own use

False pretenses- deceiving to obtain property

Front 12

Compare and contrast the elements of common law arsonwith the typical modern arson statutee actus

Back 12

Common- malicious/willful burning of another's house, had to burn something

Now- any building/vehicle/vessel, can be your own, not just burning but any damage caused by fire- smoke, soot, etc.

Front 13

Explain the federal mailfraud statute. Describe how the statute has added to civil actions

Back 13

Statute- using mail to defraud

Civil- what may have previously only been civil wrong now criminal too!

Front 14

Discuss the crime of receiving stolen property. Whatare the mens rea and actus reus of receiving stolen property?What is the purpose of the requirement that receivers have to intend to keepthe property permanently?

Back 14

Actus- receiving, even if not physically- ie I buy for other, thief hands to other, I received

Mens- varies- known, should've know, reckless/negligent

Permanent- if cop gets stolen iPod, uses as bait, not receiving per no intent to keep

Front 15

What types of criminal and civil laws have been usedto try to deal with gang problems?

Back 15

Crim- crime to be in a gang, encourage minor to join, organized crime statutes, punish parents, ban from certain places
Civil- declare gang members "public nuisances", get public nuisance injunction to ban

Front 16

Discuss the broken windows theory and provideexamples. What has the research shown about the validity of the theory?

Back 16

Petty crime/disorderly conduct leads to rise in serious crime

i.e. kid breaks one window, other kids break other windows, criminal sees and assumes is not protected building so burglary

Validity- no causal link, possibly spurious factor (poverty, neighborhood instability, etc.)

Front 17

Discuss the controversy surrounding the lawsregulating the behavior of homeless and other street people. What is the argumentin support of these laws and what is the argument against these laws?

Back 17

Against- Illegal to be unemployed/broke in public? "Confuse need for welfare/work with crime"

Targets weak/poor for benefit of well-off

For- "rights of offensive minority trump quality of life of whole community" "borderline robbery/fraud of panhandling"

Front 18

What are victimless crimes, and why are theycontroversial? Be sure to provide examples

Back 18

Willing participants

Substance abuse, internet censorship, prostitution, sodomy, seat belts/helmets, etc.

Public good vs. individual rights/privacy

Law used to enforce morals? Whose morals?

Front 19

Discuss the issues surrounding panhandlinglegislation. Be sure to discuss the tension between order and liberty increating laws regarding behavior such as panhandling

Back 19

Liberty- freedom of speech, punishing poor for wealthy's comfort

Order- Harassment, "borderline robbery/fraud of panhandling", "quality of life" of community

Banned certain types/locations, not okay to ban all panhandling

Front 20

Discuss the origins and developmentof disorderly conduct and how it expanded to include “quality of life” offensesaimed at “bad manners” in public

Back 20

Common law "break the peace"

Public fighting, noise/bad language, false public alarm, create hazardous/offensive conditions

Group- assembly, rout, riot

Expanded per broken windows theory?

Front 21

Describe the civil methods some cities have used toaddress gangs. What does the evidence say about such methods?

Back 21

Civil gang injunction- lawsuit brought by city for restraining order to bar gang activities

Does cause slight short-term decrease

Front 22

What is the only crime defined in the U.S.Constitution? What is the definition of that crime, and what else does theConstitution say about it?

Back 22

Treason! Levy war against US, provide aid/comfort to enemies. Need 2 witnesses to see act or confession in court. Doesn't define punishment

Treason statute-punishable by death or at least 5 yrs prison & $10k fine

Front 23

Discuss, define, compare, and contrast sabotage andespionage

Back 23

Sabotage- damage/destroy property to interfere w/ war

Espionage- spying for enemy (2 crimes- during peace and during war)

Front 24

What is the USA PATRIOT Act? What crimes does itinclude?

Back 24

2001 Anti-Terrorism

Weapons of mass destruction, international terrorism, harbor/conceal terrorists, support terrorists/organizations, $ support for terrorism, training from terrorist organization

Front 25

Define the term “sedition” and provide examples. Whatare the two main forms of seditious communications?

Back 25

Advocating violent overthrow of government

3 types- libel (writing), speech, conspiracy

Front 26

Explain what it means to provide material supportto terrorists according to the USA PATRIOT Act

Back 26

Purposely/knowingly providing any tangible or intangible property, service, $, lodging, training, advice/assistance, false docs/IDs, equipment, transportation to a terrorist

Front 27

The “providing material support or resources” sectionof the USA PATRIOT Act is open to constitutional challenges. Discuss theoutcome of the U.S. Supreme Court decision in Holder v. HumanitarianProject

Back 27

Does not violate freedom of speech/association, merely aid/support

Not free from future constitutionality challenges