Blog

The common law level of mens rea known as malice incorporated what the Model Penal Code refers to as recklessness.

Because Lisa was late for an appointment across town, she was speeding, weaving in-and-out of traffic, and tailgating.  While driving, Lisa ran a red light.  There were a number of people crossing the street at the time and Lisa hit one of them.  The person she hit was seriously injured and was rushed to the hospital.  Because the victim did not die, Lisa was arrested and charged with reckless driving and attempted murder.  The most complete statement of the proper outcome of her prosecution is:

Dave suggested to Fred that they rob a bank. Fred agreed and said that he would go along with Dave when he tries to rob the bank. Unbeknownst to Dave, Fred did not actually want to rob the bank. Rather, he was a member of a terrorist group who wanted to explode a hand grenade in a public place as an act of terror. When Dave asked him to participate in the bank robbery, Fred saw an opportunity to fulfill his goal while having Dave along as an unwitting armed backup. The next day, Dave and Fred approached the bank carrying handguns. Fred also had a hand grenade in his jacket pocket that Dave did not know about. Just as they walked in the bank’s front door with their guns drawn, to Dave’s astonishment, Fred removed the grenade from his pocket, pulled the pin, and threw the grenade into the bank. Both Dave and Fred immediately ran out of the bank. The explosion from the grenade damaged the bank, but did not hurt anyone. Which of the following is the most correct statement about Dave’s criminal liability for conspiracy to commit bank robbery?

Mickey Spillane intends to kill Mike Hammer. He pulls out his gun (which he believes to be a .357 Magnum), aims it at Hammer, and says, “Prepare to die!” A paper banner reading “bang” pops out and Mickey treats the whole incident as a practical joke, even though he wonders what actually happened to his gun. In a common law jurisdiction, is Mickey guilty of attempted murder?

To what extent has managed care been successful in containing health care costs?

Why do you think the Clinton health reform failed but the Obama health reform succeeded?

A common law jurisdiction defines the crime of extortion as follows: “A public official is guilty of extortion for corruptly receiving an unauthorized fee under color of office.”  Which one of the following statements is not true?

Dave suggested to Fred that they rob a bank. Fred agreed and said that he would go along with Dave when he tries to rob the bank. Unbeknownst to Dave, Fred did not actually want to rob the bank. Rather, he was a member of a terrorist group who wanted to explode a hand grenade in a public place as an act of terror. When Dave asked him to participate in the bank robbery, Fred saw an opportunity to fulfill his goal while having Dave along as an unwitting armed backup. The next day, Dave and Fred approached the bank carrying handguns. Fred also had a hand grenade in his jacket pocket that Dave did not know about. Just as they walked in the bank’s front door with their guns drawn, to Dave’s astonishment, Fred removed the grenade from his pocket, pulled the pin, and threw the grenade into the bank. Both Dave and Fred immediately ran out of the bank. The explosion from the grenade damaged the bank, but did not hurt anyone. Which of the following is the most correct statement about Dave’s criminal liability for attempted bank robbery in a common law jurisdiction?

FACT PATTERN (next 5 questions)A asks B for his help in robbing the FDIC-insured U.R. Safe National Bank.  B agrees to help A rob the bank, and procures guns for each of them, giving A the better of the two guns since A is to be the one who scares the bank customers and employees into compliance with their orders.  Despite the fact that they mutually agreed to arm themselves, they promised each other that should things go wrong, they would surrender rather than kill anyone.  As planned, upon entering the bank, A keeps all the customers and bank employees at bay while B goes into the bank vault with the bank manager to get the loot.  While in the vault, however, B rapes the bank manager.  An off duty security guard comes in from the security entrance to the bank, and hears the bank manager screaming.  He goes into the vault, and witnesses B committing the rape.  B shoots and kills the guard.  A runs in, sees what B has done, turns his gun on B, and says, “Damn it.  Let the woman go.  Drop your gun.”  A then instructed one of the bank employees to call the police.  A kept B at gunpoint while all waited for the police to arrive. A may be properly convicted of solicitation to commit bank robbery. 

Louis was pulled over by Officer Smith for failing to signal when changing lanes.  Because this is such a minor offense, Louis assumed he was pulled over because he had a bumper sticker on his car that read “KAP:– Kill All Police.” KAP was a radical organization dedicated to the eradication of police forces everywhere.  When an additional police squad car pulled up, Louis was convinced it was a setup.  Although unarmed, he swung his fist at Officer Smith, striking the officer in the jaw.  Another officer, Officer Jones, saw this, and immediately drew his pistol and shot Louis in the stomach.  Louis then seized Officer Smith’s gun and shot at Officer Jones.  Louis missed, however, and killed an innocent bystander. Louis committed either a battery or aggravated battery against Officer Smith, depending on the grading of the offense in the jurisdiction.