ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 9
CRIMINAL LAW AND CYBER CRIMES
9-1A. Criminal intent
(Chapter 9—Pages 176–177)
Two elements must exist simultaneously for a person to be convicted of a crime: (1) the performance of
9-2A. Criminal liability
(Chapter 9—Pages 179–181)
The court did not agree with Ludvigson. Under state law, second-degree theft results when a person
“[m]isappropriates property which the person has in trust, * * * by using or disposing of it in a manner
B-36 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 9
9-3A. Searches and seizures
(Chapter 9—Pages 187–188)
The trial court concluded in part that the warrantless inspection section of the ordinance violated
constitutional protections against unreasonable searches and seizures, and the state intermediate
9-4A. Criminal liability
(Chapter 9—Pages 176–177)
The state intermediate appellate court vacated the order of the lower court and remanded the case with
9-5A. Fifth Amendment
(Chapter 9—Pages 187–188)
The court held that “the act of testimonial [production] on behalf of a person who is no longer with the
corporation is self-incrimination in its classic sense of the word, and the Constitution does not permit it.”
9-6A. Computer fraud
(Chapter 9—Page 196)
The U.S. Court of Appeals for the District of Columbia Circuit affirmed the sentence. The court stated
that Bae’s “approach misconceives the probabilistic nature of the lottery ticket.” The court noted, “[T]he
9-7A. Theft of trade secrets
(Chapter 9—Pages 176–177)
A jury found the defendants guilty. They appealed to the U.S. Court of Appeals for the Sixth Circuit,
9-8A. Sixth Amendment
(Chapter 9—Pages 187–188)
B-38 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 9
claiming that the court in his third drunk driving case should not be able to count his prior conviction for
driving under the influence (to make the current charge a felony) because he did not “intelligently”
waive his right to counsel when he pled guilty to the first offense. The question asks what factors a court
9-9A. Larceny
(Chapter 9—Pages 178–179)
A Georgia state statute provides that “[a] person commits the offense of theft by taking [larceny] when
he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of
9-10A. Trial
(Chapter 9—Pages 187–188)
After a jury trial, Michels was convicted. He appealed to a Virginia state intermediate appellate court,
arguing that the certified documents were “testimonial in nature and, therefore, their admission in his
