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Which statement best reflects how advertising and credit shaped consumer behavior in the 1920s?

“If someone gets caught stealing apples from an apple orchard, they should be prosecuted for theft, even if the owner of the orchard doesn’t really care about the theft, because such a person (i.e., a thief) deserves to be punished, and if such persons are allowed to get away with stealing, other people will think that they can get away with stealing too.” Which of the following punishment approaches does this statement exemplify? Pick the best answer.

Cruz and Micah go to the same high school and do not like each other, though they do like the same girl. Cruz eventually challenges Micah to a “no weapons fight,” to which Micah agrees. The fight begins as a fist fight, but when Cruz starts to get the best of Micah, Micah pulls out a knife and stabs Cruz. If Micah is charged with “assault with a deadly weapon,” should he prevail on a self-defense claim under the traditional common law?

Teresa stole Jerry’s new cell phone with the incorrect belief that it had a value of $600, when it actually had a value of $800. The law of Teresa’s MPC jurisdiction defines misdemeanor theft to include “purposely or knowingly depriving another of property having a value less than $750,” whereas felony theft is defined to include “purposely or knowingly depriving another of property having a value of $750 or more.” Under the MPC, if Teresa can convince the jury (at her trial) that she sincerely believed that Jerry’s new phone had a value of $600, which crime should she be convicted of? (See MPC § 2.04.)

Consider the traditional common law crime of “heat of passion manslaughter” and its elements. Although an individual can be charged with this crime, it is also often raised as a defense to a charge of murder by a defendant hoping to be convicted of this lesser homicide offense. In such a case, how is “heat of passion manslaughter” like a justification defense? And how is it like an excuse defense?

Michael’s wife, Martha, was raped by a man who broke into their home one night while Michael was away on a business trip. After raping Martha, the man said, “Stay alert. I may come back for more.” The man was wearing a black ski mask. Michael is overwhelmed with anger (and other emotions) about what has happened. Three nights later, Michael hears a sound outside in their yard. He looks outside and sees someone in a black ski mask walking across their backyard. Michael immediately gets his gun, shoots at the person, and kills him. When Martha looks outside, however, she begins to weep. She recognizes the victim’s coat. It is their neighbor’s oldest son, and he is definitely not the man who raped her. The State charges Michael with murder. Michael’s defense is that the killing constituted manslaughter, rather than murder. Considering the fact that Michael shot the wrong person, can Michael succeed with a “heat of passion” manslaughter defense under a traditional common law approach? What about manslaughter under the Model Penal Code (MPC § 210.3)? Pick the best answer.

“If someone is caught and convicted of misdemeanor theft (e.g., for shoplifting an item valued at $50), it is important that such a person be given some type of punishment, even if the item stolen was small, so that he or she will learn a lesson and not continue to steal.” Which of the following approaches to punishment is this argument an example of?

Marcus negligently caused serious bodily injury to Cassandra while he was stealing her purse from her. “Robbery” is defined under the MPC (in relevant part) as follows: “A person is guilty of robbery if, in the course of committing a theft, he . . . inflicts serious bodily injury upon another.” Can Marcus be convicted of robbery under this definition in a state that has adopted the Model Penal Code approach to mens rea/culpability? (See MPC § 2.02.) Select the best answer.

Linda is driving drunk when her car hits Sally’s car. Linda is entirely at fault in the accident. Sally has a large wound on her abdomen from the accident and is taken to the hospital by ambulance. At the hospital Sally is given an antibiotic that she is extremely allergic to, even though the hospital’s records clearly note she has this drug allergy, and Sally also specifically noted it when she was admitted. Sally dies due to an allergic reaction to the antibiotic. Linda is charged with “vehicular homicide,” which includes “operating a motor vehicle while intoxicated, which causes the death of another.” If Linda is convicted of vehicular homicide, is her conviction likely to be upheld on appeal? Pick the best answer.

Allen has recently become friends with Cade and Jake. Allen isn’t comfortable with their involvement in criminal activities, but he thinks that they are cool and values being friends with them. When Cade and Jake tell Allen that they are going to do an armed robbery of a jewelry store and need his help, Allen reluctantly agrees. Allen’s job is to walk in and hand the storeowner a note stating, “If you don’t do anything stupid, we will let you live.” Then the other two will come in and complete the robbery. Just before Allen is supposed to enter the store, he changes his mind and tells Cade and Jake that he is “out” and won’t do it. Cade then holds a gun to Allen’s head and says, “You better read that note yourself.” Still shaking, Allen enters the jewelry store and hands the store owner the note. As Cade and Jake rush in, however, the burglar alarm goes off. All three run out, but they are soon apprehended. Does Allen have a valid defense of duress (to a charge of attempted armed robbery) under the Model Penal Code (MPC § 2.09)?