Clark_11e-AM-Ch09.doc

Clark_11e-AM-Ch09.doc - C HAPTER 9 CRIMINAL LAW AND CYBER...

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69 C HAPTER 9 C RIMINAL L AW AND C YBER C RIME A NSWERS TO C RITICAL A NALYSIS Q UESTIONS IN THE F EATURE EMERGING TRENDS—FOR CRITICAL ANALYSIS QUESTION 1 (PAGE 197) Those who are against stand-your-ground laws argue that they encourage vigilantism and preemptive shootings. Do you agree? Explain. No, because such laws discourage crime, and a lessening of crime reduces vigilantism and preemp- tive shootings by otherwise law-abiding citizens. Yes, because such laws encourage per- sons to “take the law into their own hands” with impunity. EMERGING TRENDS—FOR CRITICAL ANALYSIS QUESTION 2 (PAGE 197) “A person’s home is his or her castle.” Does this traditional saying justify the use of deadly force against an intruder under all circumstances? Why or why not? No, human life is more valuable than property under any circumstance, even when that life belongs to an intruder. Yes, because an intrusion into one’s “castle” or other property can be as fearful and threatening as an act against one’s “person.” A NSWERS TO Q UESTIONS AT THE E NDS OF THE C ASES CASE 9.1—(PAGE 191) THE ETHICAL DIMENSION It may have been legal in this case, but was it ethical for the prosecution to repeatedly emphasize the size of the telemarketers’ commissions? Why or why not? Probably, at least within the context of this case. In the assessment of the court, the prosecution “did not solely or relentlessly focus on the high cost of fundraising to prove fraud. To be sure, the government asked many witnesses about the high fund- raising costs, but the vast bulk of questions concerned misrepresentations or FCL's fail- ure to apply donated funds to charitable purposes. Nor was the high commission rate it- self a basis of the government's fraud case. Rather, the commission was a legitimate ex- pense and part of the overall picture of how the money was allocated.”
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70 UNIT TWO: TORTS AND CRIMES THE LEGAL ENVIRONMENT DIMENSION In what circumstance would the prosecution be prevented from introducing evidence of high fund-raising costs? Why? The court pointed out in the Lyons case that “the government is constrained from charging that high fundraising costs per se are tantamount to fraud.” The court explained that the reason for this constraint is that under the First Amendment “the solicitation of charitable contributions is protected speech, and . .. using percentages to decide the legality of the fundraiser's fee is not narrowly tailored to the State's interest in preventing fraud.” CASE 9.2—(PAGE 200) 1A. Why did Fellers argue on appeal that his “jailhouse statements” should have been excluded from his trial? It appears that without those statements, the government may not have been able to obtain a conviction against Fellers for the of- fenses with which he was charged. 2A.
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Clark_11e-AM-Ch09.doc - C HAPTER 9 CRIMINAL LAW AND CYBER...

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