Criminal Law and Points

Topics: Murder, Criminal law, Assault Pages: 6 (1455 words) Published: September 23, 2013
LAW 209 FINAL EXAM
MAY 18, 2012. PROF. URIEL

INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22, 2012. THE EXAM IS OPEN BOOK, BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU

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...
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