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Practice Crim Law Questions With 100% DETAILED CORRECT ANSWERS
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Practice Crim Law Questions With 100% DETAILED CORRECT ANSWERS
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Practice Crim Law Questions With 100% DETAILED CORRECT ANSWERS
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Legislature passed a new law making it a crime "to No, conviction would violate Dawn's constitutional rights.
be addicted to the use of illegal narcotics." Walking
on the public street, Dawn was seen by a police
officer moving unsteadily. The officer approached
Dawn and asked her, "Are you O.K.?" Dawn replied,
"None of your business." The officer observed fresh
needle marks on Dawn's arm while she said, "I really
need my stuff, don't arrest me." Dawn was arrested
and charged with violating the new law. Can she be
successfully prosecuted?
Yes. While Dawn could not be convicted of a crime directly related to her disease or status, as
Could Dawn be successfully prosecuted for the
indicated above, the rule is quite different regarding affirmative acts committed, even acts
crime of being under the influence of narcotics
committed in furtherance of one's status. A conviction might be allowed because the punishment
while in public?
would not be merely for an addict's status.
Practice Crim Law Questions
,8/9/24, 5:25 PM
Does the result above change if Dawn offered Yes. Because Dawn is an addict and homeless, punishing her for this crime when she has nowhere
convincing evidence both that she was addicted to else to go would violate the Constitution.
narcotics and that she was a homeless person who
was on the street because she had no other
alternative?
Alexander was evicted from his apartment in Los No. Just as in the above questions, the Eighth Amendment prohibits criminal punishments for
Angeles. As a result, he has been temporarily individuals who are acting involuntarily — such as due to addiction or homelessness
seeking shelter in an empty storefront's entryway on
the sidewalk while he waits to find housing or for
shelter to become available. The City of Los Angeles
has received complaints about people sitting and
laying on the city sidewalks. Can the city respond to
these complaints by passing a law that would arrest
people who are found sleeping and sitting on Los
Angeles city sidewalks?
Suppose Alexander has relocated from the The officers can arrest Alexander for violating the ordinance.
storefront to a local park. There is a city ordinance
preventing overnight camping inside the park.
Police officers approach Alexander to enforce the
ordinance. Once they discover Alexander is
houseless, the officers inform him that there is a
nearby shelter with availability. Alexander does not
want to go to the shelter. What can the officers do?
Bashira was speeding down the road. An officer Yes. The Constitution requires that a statute be reasonably clear and certain, so that the average
arrested her for "unsafe driving," based on the person could understand its meaning. Otherwise, a court may declare the law void for vagueness
observation of her speeding and her erratic lane and invalid under the Due Process Clause.
changing. Bashira's lawyer asserts that the statute
should be declared void for vagueness, insofar as
the state legislature never defined what actions
were intended to be prohibited in the law. Should
the judge find the statute unconstitutional?
Yes. "Reckless driving" has been invoked, applied, and interpreted repeatedly to include conduct
Would the result change if the statute referred to
such as Bashira's. Likewise, an argument that the average person would not know that Bashira's
"reckless driving" instead of "unsafe driving"?
behavior was reckless would be unsuccessful. The challenge to the statute will likely fail.
,8/9/24, 5:25 PM
Zion was driving home after a long day of work. As No. There is no general duty for a person to assist others.
he was exiting the highway, he saw a car that had Questions » Topic 2: Elements of the Offense
not slowed down enough for the off ramp. The car
had run into the highway sound wall and the
accident looked fairly serious. Certain that someone
had already reported the accident, and anxious to
get home, Zion did not stop and offer assistance.
Unfortunately, no one reported the accident until
several hours after Zion passed by and the driver
died from internal bleeding before reaching the
hospital. If the police learn that Zion drove by the
accident, but did not intervene or call 911, can he be
held criminally liable?
Would the result change if Zion were a highway Yes, Zion would now likely be found guilty of a serious homicide offense. Zion agreed, as part of his
patrol officer who passed the accident and chose employment situation, to assist accident victims either by providing aid or advising others to do so. A
not to stop or phone in a report because his shift contractual relationship, if breached, can also give rise to a criminal standard of care. By not fulfilling
was about to end and he wanted to get home? his obligation, he has caused great harm and will be found criminally.
Troy was involved in a car accident in which the Yes, most states require immediate assistance and or reporting after being in an accident.
driver of the other car was seriously injured. Fearful Questions » Topic 2: Elements of the Offense
that he would be unfairly blamed for the collision,
Troy drove away without rendering aid or reporting
the accident. Can Troy be successfully prosecuted
for his conduct after the accident?
Matthew and his ex-wife had been divorced for two Yes, because of his special relationship with his children, Matthew's failure to act makes him
years. They had joint custody of their young children responsible for their abuse.
and the children often spent weekends away with Questions » Topic 2: Elements of the Offense
their mother. On several occasions, after they
returned to his home, Matthew noticed burn marks
on his daughter's arm. When he asked his daughter
about this, she said that sometimes she was a bad
girl and her mother had to punish her. Matthew
knew that his wife had been violent with the children
in the past. However, he was scared of starting
another custody battle with his ex-wife because she
had threatened to "dig up some dirt" on him.
Matthew did not bring up the issue with his ex or
with anyone else. Can Matthew be held criminally
liable for the harm to the child?
, 8/9/24, 5:25 PM
Would the result in the above problem change if Maybe. While generally there will not be such reporting obligations, some states have — by statute —
Matthew was not the girl's father, but instead was imposed such a duty on those who work closely with children, such as teachers.
her teacher?
Mariana harbored a deep hatred of her sister No, for Marianna had not taken any steps in furtherance of her plan. The law punishes culpable intent
Katherine. After years of growing resentment, together with actions, but the criminal law does not punish mere thoughts.
Marianna was consumed with jealousy of her more
successful, intelligent, and attractive sister. She
began to craft an elaborateplan to kill her sister.
However, before she took any steps to commit the
murder, her plot was discovered. Can Marianna be
held criminally liable for her scheme?
Betty drove two of her friends home from work. On No, because the law only punishes people for voluntary acts and Betty did not act voluntarily when
the drive, she lost control of the car and slammed she slammed into the tree.
into a big tree. The two friends were both killed.
Apparently, while driving, Betty lost consciousness
and ran off the road. A later medical examination
indicates that Betty had an undiagnosed brain
disorder in the portion of her brain that regulates
consciousness, and this disorder very likely caused
her to become unconscious while driving. Can Betty
be held criminally responsible for the deaths of her
friends?
Yes, Betty could now be held responsible. The chargeable criminal act here would not be
Would the result in the above problem change if unconsciously going off the road. Rather, it would be getting into the car with her friends and
Betty knew of her medical problem but decided to knowing of the substantial risk that her medical condition could result in serious dangers to all of
drive anyway because it was such a short ride? them. Under those circumstances, her knowledge, coupled with her behavior, would make for clear
culpability and criminal liability.
Would the result in problem 14 change if, at trial, the The instruction is error. It is the prosecution's obligation to prove — beyond a reasonable doubt — all
judge instructed the jury that in order to avoid elements of the charged crime. Consciousness is part of the requirement for a voluntary act, thus the
conviction Betty needed to show — by a burden cannot be shifted to the defendant to disprove the element. (The prosecutor would need to
preponderance of the evidence — that she was not prove this)
conscious at the time the car was involved in the
accident?
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