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Answer Key
Chapter 5 Criminal Law and Cybercrimes
Opening Case Questions
2. Aggravating circumstances are those that are so serious that the death penalty is virtually
3. The mitigating circumstances in this case were Woodward’s (the defendant’s) beneficial
5. Both Hobbes and Madison see human nature as essentially weak and self-absorbed, and, as a
CLASSIC CASES---The Outer Limits of Federal Jurisdiction
2. After Wickard v. Filburn Congress does not have unlimited regulatory power under the Commerce
Clause. That power is extensive, to be sure, and, many would say, almost unlimited. However, the
A QUESTION OF ETHICS
The Progress of the Paramilitary Police Power
1. There is distinct difference between the police and the military. The military defends the entire
nation from attacks conducted by other nations, or by terror groups, or perhaps even pirates on the high
Special Directions to the Instructor for Question 3: It is very difficult to determine in advance the
wide variety of answers that students will provide when they are asked to imagine themselves the
mayor of a large city faced with accepting or rejecting funds for a paramilitary SWAT team for their
Questions for Review and Discussion
2. Under common law, crimes were dealt with in the order of their seriousness: treason, felonies,
and misdemeanors. Most states now divide offenses into felonies and misdemeanors. A felony is a
3. A crime cannot be committed unless some overt act has occurred. An individual cannot be
accused of a crime for merely “thinking” of the criminal act in question. Sometimes the failure to act,
an omission, or the outright refusal to act may be considered criminal. Generally, however, an omission
must be coupled with a legally imposed duty. Many states specifically exclude involuntary movement
4. The four mental states that can be found in the criminal code are purpose or intent, knowledge,
recklessness, and negligence. Purpose or intent means that a person acts with the goal of causing the
result that does, in fact, occur. Knowledge means that a person acted understanding that a particular
5. Motive in criminal law is the wrongdoer’s reason for committing the crime. One common
misconception about criminal law, which is promoted and perpetuated by countless novels, plays,
6. Crimes against the people, most often referred to as felonies, include homicide, assault, battery,
kidnapping, and hate speech. Homicide is any killing of one human by another. Criminal homicide is
7. There are two theories to the sentencing of convicted criminals: (1) those consequences that are
8. What are the various ways that the the federal government has dealt with cyber-crime? The
federal government has attempted to deal with the issue by passing a number of anti-e-crime statutes.
9. The oldest test of insanity is the M’Naughten Rule. Under this rule, defendants can be found
NGRI, if at the time the criminal act was committed they were suffering from a mental disease that was
so serious that they did not know the nature of the act or did not know that act was wrong. Another test
of insanity is the irresistible impulse test. This test holds that criminal defendants can be found NGRI,
if at the time of the offense, they were stricken with a mental disease which prevented them from
knowing right from wrong or compelled them to commit the crime. A more modern insanity test has
Cases for Analysis
1. The Supreme Court should agree with appeals court. The Gun-Free School Zone Act of 1990
4. Yes. The Supreme Court should hear the case. Because of the romantic relationship between the
5. Entrapment works as a defense only if the defendant was not predisposed to commit the crime in
7. No. The St. Paul ordinance outlawing “hate speech” is not constitutional. Such an ordinance
would be constitutional only if it were not content specific. While it would have been acceptable for the
8. Reese has committed robbery. This is because robbery is the act of taking personal property,
9. No. The trial court was incorrect. Since Cuttiford was in his own apartment he did not have the
duty to retreat any further before attempting to repel the attack from Banks. The appellate court pointed
10. No. Entrapment will not succeed as a defense if the defendant is induced to commit a crime by a
private party, even when that private party later becomes a government informer. In this case, during
END CHAPTER FIVE
