SPECIAL ASSIGNMENT 2
Select one of the questions listed below and one of the following cases to brief.
Tennessee vs. Garner 471 U.S. 1
People vs. Goetz 497 N.E.2d, 68 N.Y. 29 96
State v Kim 779 P.2d 512, 1989
State vs. Stewart 763 P.2d 572
United States vs. Russell 411 U.S. 423
State v Nesbitt 550 S.E.2d 864 2001
Commonwealth v Gilliam, 417 A.2d 1203
Pinkerton vs. United States 328 U.S 640
State v Kordas, 528 M.W.2d 483
State v Hatfield,639 N.W.2d 372
State v Valentine 935 P.2d 1294
People v Dover 790 P.23 834
State v Shelly 929 P.2d 489
State vs. Smith 628 P.2d 654 (1992)
Morissette v. United States 342 U.S. 246
A case on one of the Inchoate Offenses between the 2000 and 2005
Select one of the following questions and answer briefly but concisely.
1. Distinguish between factual and legal
impossibility.
2. Describe and explain why strict liability for traffic offenses was
created.
3. List and summarize the objections to vicarious liability for corporate
crimes.
4. The Model Penal Code had three goals in mind in forming the test for attempt.
What were they? What were the two elements of the code's attempt actus reus
which paralleled these goals.
5. Can a woman with a history of violence use the battered woman's syndrome as a
defense.
6. T visited his long-time friend, N Mate, a prisoner in a state
institution. Mate had previously told T how much he wanted to escape from the
prison. Son on this occasion, T brought Mate two small saws. Mate hid the saws
in a place where he thought the prison guards would not find them, but the
guards promptly discovered and confiscated the saws. The warden turned this
evidence over to prison's legal counsel with a request that charges be prepared
against Mate for attempting to escape from prison. Assuming Mate intended to
escape from prison, did his conduct constitute a criminal act? Should he be
charged with attempted escape? Why? Why not?
.