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CRIMES: PUBLIC WRONGS
GENERAL COMMENTS
The subject of crime provokes intense public interest and controversy. The media relentlessly exploit
both heinous felonies and examples of apparent injustice in the criminal justice system. The emotions of
victims are vividly commercialized on TV. The recent mass homicides at Virginia Technical by a
disturbed student and the abduction of four year old Madeleine McCann from her vacationing parents in
Portugal are excellent examples. Yet, the media ignores the countless criminal cases that are processed
routinely without fanfare or dissent, presumably because these stories aren’t newsworthy. The resulting
effect on public opinion should surprise no one. The intensity of public concern and fear is reflected in the
standard endorsement of a “vigorous anticrime policy” by most candidates for public office. Gun control,
protection of school students and the punishment of sexual predators are topics of widespread interest and
debate in society. Because of the widespread interest in and concern with crime, we have extensive
coverage of the subject. We also sense an obligation to simplify and clarify the distorted and confused
perceptions of crime possessed by most persons, including college students.
We attempt to expand the thinking of our students, from the beginning, by presenting broad issues.
The introductory topics are challenging, interesting and will produce clashing opinions among students.
Crime is a subject upon which virtually every student already has very settled opinions. Thus, an
opportunity to “open some closed doors” is presented. We attempt to accomplish this through the careful
selection of examples, and through concepts phrased in understandable terms that invite student
participation.
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Angeles); (6) the rationale for use of evolving scientific evidence, (e.g., DNA, and pattern behavior
analysis); (7) the issue of whether or not to seek the death penalty and by whom the decision should be
made; (8) the pros and cons of crime site visitation by jurors; (9) the ethics of attorney behavior in court,
and the impact of their nonverbal statements; (10) judge administered penalties to lawyers; (11) the use of
nonverbal testimony (e.g., display of parts of the defendant’s body to the jury during opening statements);
(12) and even the adversary system in general.
CHAPTER SUGGESTIONS
1. Because there are so many pros and cons on virtually every issue in criminal law, this chapter
obviously lends itself to lively student participation. We like to begin by presenting open-ended
questions to the class: “What do you believe is wrong with the criminal law system? What changes
would you suggest be made? Do you believe such changes have any chance of occurring? Which
are the most heinous crimes, and what penalties would you prescribe?” These kinds of opinion
questions seem to arouse considerable passion in our students, and ignite their curiosities
sufficiently to prepare for the forthcoming topics. In asking these questions, we try to get students
to justify their quick answers, and to express some sort of rationale.
2. We have had very satisfying results in assigning specific issues to students, who are then required
to present their arguments orally at the following class session. Some students are assigned to
3. We recommend assigning specific pro and con written reports or oral presentations on such difficult
issues as how to deal with protection of so-called “cocaine babies,” abortion (which continues to
4. There are ample opportunities for special assignments. We generally assign a two-page paper
towards the end of the chapter that amounts to a brief of a criminal appellate case researched and
Crimes: Public Wrongs 3
selected by the student in the library. We advise them to report on only the major issue or two and
4. Following up on the Law Around the World feature: Criminal law is an area where the law of
different countries really is different. Have some of your international students explore both
procedural and substantive law issues in their home country and lead a discussion contrasted these
approaches with United States law.
5. Issues dealing with suspects of terrorism should continue to arise during the life of this edition. As
cases and news articles become available, address some of these topics. One of the many examples
is the detention and treatment of suspects and the use of immigration laws to detain potential
6. Court television features coverage of the crime of the week, month or year. They also provide
information about recent high profile criminal behavior (http://www.courttv.com/).
FOR CRITICAL ANALYSIS
U.S. v. Knight
1. Knight argued the search was for investigatory purposes rather than for probationary purposes and
2. Based on the surveillance, the prior police stop a week earlier, the tossing of material in the river at
3:10 a.m., and the suspicious material in Simoneau’s pickup, it looks like there is ample cause to
3. The court stated there must be reasonable suspicion, but less than that required to get a warrant.
“Although the Fourth Amendment ordinarily requires the degree of probability embodied in the
term “probable cause,” a lesser degree satisfies the Constitution when the balance of governmental
and private interests makes such a standard reasonable. Those interests warrant a lesser than
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probable-cause standard here. When an officer has reasonable suspicion that a probationer subject
to a search condition is engaged in criminal activity, there is enough likelihood of criminal conduct
occurring that an intrusion on the probationer’s significantly diminished privacy interests is
reasonable.”
People v. Chevalier
1. This case presents an opportunity to highlight the role of the judge in instructing the jury on the law.
2. Manslaughter occurs during the heat of the moment while murder occurs after a degree of cooling
3. Yes, husbands who promptly kill unfaithful wives serve sentences for manslaughter, serving less
prison time than would be the case for murder convictions. Is this result consistent with the
conviction of wives for manslaughter instead of murder, even if they delay killing their husbands
for years following initial spousal abuse? Yes. The effects of continued spousal abuse can evolve to
a level of emotional distress that can justify a manslaughter conviction years after the abuse began.
These long-evolving effects are unlike the severe emotional upset at the moment of discovery of
adultery. In these cases, emotions that have waned for a period of time before the killing occurs
justify a lesser charge — manslaughter.
ANSWERS TO QUESTIONS AND PROBLEMS
1. a. Kaczynski probably was very wise to plea bargain. Inmates on state death rows may wait for a
dozen years or more for the death penalty to be implemented. A much shorter time awaits those
sentenced under federal laws. Furthermore, most would agree that the lifestyle in prison,
although wholly undesirable, is preferable to death. The ostensible reason for the plea bargain
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2. Most of the items relate to security, as well as good grooming to promote good personal hygiene.
There is said to be a national tide of states taking away many privileges and comforts of prisoners.
[William Claiborne, Washington Post, 4 January 1998]
3. Both George and Milton pleaded guilty to manslaughter and were sentenced to two years in prison.
If the attempt to rob the bicyclist was a misdemeanor, then under the “misdemeanor-manslaughter
rule” all aiders and abetters are guilty of manslaughter. If, however, the attempt to rob the bicyclist
was a felony, then under the “felony-murder rule” all participants would be guilty of murder.
Apparently George and Milton negotiated a very good plea bargain because robbery almost
universally is considered a felony. However, these assailants had no weapon and could not have
anticipated that any killing would occur. [San Francisco Chronicle, 22 January 1993]
4. Blanket DNA testing is unknown in the United States, but has been used successfully in Europe. In
the largest sample of DNA taken, some 16,000 men in the vicinity of the small town of
Struecklingen, Germany, where a rape occurred, submitted saliva samples. A match was found and
5. The questions are taken from a poll, called the Juror Outlook Survey, conducted for the National
Law Journal and for Decision Quest, a consulting company. The survey was a poll by telephone of
1,016 adults eligible for jury duty, and had a margin of error of plus or minus three percentage
points. [Washington, Associated Press, 24 October 1998]
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The implications of these results ought to stimulate discussion, including suggestions about
modifications to the jury system.
6. This question raises a popular classroom issue—selective enforcement. Our students typically
complain of some variety of selective enforcement of the law. Teenagers are harassed by police.
Traffic tickets are unfairly distributed. Even parking tickets on campus are somehow unfairly
awarded. Here we raise the stakes to the level of the U.S. Attorney General. In the case of Rodney
King, no doubt because of a highly publicized “home” video, even President Clinton announced
that something would be done. Why national news? No doubt because Rodney King (although a
criminal fleeing arrest) is an African American and the police officers are Caucasian. As a result,
following the acquittal of the officers involved in that illegal beating (based on California statutes),
7. Contraband is never returned to a defendant, even if he or she is not prosecuted or found not guilty.
The issue of suppression of a dead body as evidence is quite different from the suppression of
marijuana as evidence. The difference, obviously, is in the gravity of the offense for which the
accused is entitled, under law, to go free. Your students will, no doubt, all agree that the judge
would not suppress evidence of the apparent murder. That invites the secondary question of what
standards apply to suppression of evidence. Student discussion of this issue should be productive.
There is a considerable body of opinion (no pun intended, or maybe just a little pun) that the
English rule should be followed, that evidence is not suppressed and the guilty person is not set free.
Rather, administrative penalties exist for violating the search and seizure laws.
8. Pro:
When society largely ignores crimes against property, such as keying, joyriding, or stealing cars;
breaking windows; painting graffiti; vandalism; bicycle theft; shoplifting; etc., which are committed
9. Megan’s Law creates more questions (problems) than answers (solutions). We cannot provide all of
the possible answers to the questions posed, but here are a few. Maps of residences will affect
property values. Innocent neighbors should not specially suffer from society’s ills. Maps of
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residences may cause some children (especially teenagers) to “scope out” the offender’s home, or
even cause malicious mischief. Most sexual offenses do not occur in the homes of sexual predators-
rather they occur in automobiles, parks or public places. Maps will drive former offenders from
suburbs to central cities where anonymity is easier. Thus, the risk is shifted from the rich suburbs to
10. Steve Mean did not intend to kill anybody. However, he engaged in reckless conduct that a
reasonable person would realize could, and likely would, kill or injure somebody. Thus, Steve is
guilty of involuntary (or second degree) manslaughter. The point of this question is to dramatize to
our students how simply “dumb” conduct can result in a serious crime.
11. Chief Justice ROBERTS delivering the opinion of the court: “In these circumstances, the officers
had an objectively reasonable basis for believing both that the injured adult might need help and
that the violence in the kitchen was just beginning. Nothing in the Fourth Amendment required