– Because of the stiffer felony penalties imposed for possession with the intent to sell versus mere possession, many states forbid prosecutors from assuming that there is intent to sell based on the defendant’s mere possession of a controlled substance.

 

If a suspected drug dealer is arrested with nine baggies of marijuana in his possession, a marijuana pipe, a bag of marijuana seeds, but only $20 in cash on his person, what are the chances that he could be charged with possession with the intent to sell?

 

Explain and defend your answer.

 

#3 – Review the bill below passed in California. The bill contains a  “revenge porn” crime.The bill also adds other public morality crimes.

 

a.  Identify and list with citation to the bill the crimes added to California law by the bill.

 

b. Do you think the new crimes (especially the “revenge porn” law) are required in today’s society and can you see any constitutional problems with them?

 

/content/enforced/158243-001415-01-2162-OL1-6381/CASenateBill255.pdf

 

 

 

#2 – Because of the stiffer felony penalties imposed for possession with the intent to sell versus mere possession, many states forbid prosecutors from assuming that there is intent to sell based on the defendant’s mere possession of a controlled substance.

 

If a suspected drug dealer is arrested with nine baggies of marijuana in his possession, a marijuana pipe, a bag of marijuana seeds, but only $20 in cash on his person, what are the chances that he could be charged with possession with the intent to sell?

 

Explain and defend your answer.

 

#3 – Review the bill below passed in California. The bill contains a  “revenge porn” crime.The bill also adds other public morality crimes.

 

a.  Identify and list with citation to the bill the crimes added to California law by the bill.

 

b. Do you think the new crimes (especially the “revenge porn” law) are required in today’s society and can you see any constitutional problems with them?

 

/content/enforced/158243-001415-01-2162-OL1-6381/CASenateBill255.pdf

 

Self  Defense

 

You are a police detective investigating a homicide case in which the defendant shot and killed a man who had broken into her apartment and threatened to rape her. He was eight inches taller and 60 pounds heavier than she was, and she stated that she feared for her life.

 

a)  In such a case, is lethal force justified for self-defense? Why or why not?

 

b) What other factors would you consider in a case such as this?

 

Be sure to use legal authority and rules in your answers.

 

Insanity Defense

 

A local business owner has been arrested for the nonfatal shooting of a competitor, who he said taunted him and destroyed his business reputation. The defendant is from a culture in which people who commit social wrongs make public apologies; in some cases, they commit suicide to show remorse. The defendant stated that his competitor slandered him to vendors and to customers. In addition, he refused to apologize when confronted, and only laughed at the defendant. The defendant said that he was “out of his mind” with rage when he pulled the trigger.

 

a) Can the defendant use any affirmative defenses? Why or why not?

 

b) Should the defendant be charged with any crime? Why or why not? What crime?

 

Be sure to use legal authority and rules in your answers.

 

PERJURY

 

A prosecutor charged Hosea with committing perjury when he denied giving Steve $1,000 on February 2, 2001. In fact, Hosea gave Steve $1,000 on February 3, 2001.

 

Answer the following questions:

 

a. Has Hosea committed perjury? Should Hosea’s statement be considered truthful or false?

 

b. Does it make a difference what day the money was given?

 

c. Should Hosea be required to voluntarily give the correct date?

 

 

 

1) Some have argued that sex offenders seem to be punished more

severely than they should be. For example, upon release from prison,

they may be put on a sex offender list that can be seen by anybody in

the community.  Those convicted of murder, burglary, or assault are not

put on a list. When these latter perpetrators complete their

sentences, their punishment ends. By putting sexual predators on sex

offender lists, aren’t we actually extending their sentences? Couldn’t

it be argued that they are being punished more severely?

2) Are there other crimes for which we should post a list that anybody

in the community could log on to?  For example, it has been contended

that those who have been convicted of drunk driving should be on a

list.  The argument is that since drunk drivers have a high rate of

re-offending, the public should be forewarned by placing drunk drivers

on such lists.

3) What are the drawbacks of placing ex-convicts on lists?  How might

this actually prevent an ex-convict from becoming a contributing member

of society in a legitimate occupation?