Problems for Class 7

Think about each of these problems in light of what we've studied so far and the readings for today.  Prepare a brief written response for each one. (Do not do actual research on these problems.)

Problem 1

RSMo. § 569.065: A person commits the crime of negligent burning or exploding when he, with criminal negligence, causes damage to property of another by fire or explosion.

John, playing carelessly with matches, causes a fire that burns up his magazine collection. Can he be convicted of negligent burning? Why or why not? Do you need additional information to answer this question? Why or why not? If so, what additional information do you need and why? Pay attention to the process by which you analyze this problem.


Problem 2

RSMo. § 575.080: A person commits the crime of making a false report if he knowingly: (1) gives false information to a law enforcement officer for the purpose of implicating another person in a crime, or (2) makes a false report to a law enforcement officer that a crime has occurred or is about to occur.

Janet, believing that Steven was responsible for vandalism at her friend’s house, calls the police and reports him. It turns out that Steven was not the person who committed the crime. Can Janet be convicted of making a false report? Why or why not? Do you need additional information to answer this question? Why or why not? If so, what additional information do you need and why? Pay attention to the process by which you analyze this problem.


Problem 3

Kansa G.L. § 85-262 states: Any person who knowingly drives a motor vehicle on any highway in this state at a time when such person’s privilege to do so is canceled, suspended or revoked shall be guilty of a misdemeanor.

Maria had received several moving violations over the past two years.  She was stopped by a police officer for failing to stop at a stop sign. The officer discovered that her license had been suspended several weeks before. A notice of suspension had been mailed to her home address, but Maria had recently moved. She claimed she never received a notice of license suspension and was unaware of the suspension. Can Maria be convicted of driving with a suspended license? Why or why not? Do you need additional information to answer this question? Why or why not? If so, what additional information do you need and why? Pay attention to the process by which you analyze this problem.


Problem 4

Mok. G.L. 565.080 provides: A person commits the crime of assault on a law enforcement officer in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to a law enforcement officer.

Mok. G.L. 565.082 provides: A person commits the crime of assault on a law enforcement officer in the second degree if he attempts to cause or knowingly causes physical injury to a law enforcement officer by means of a deadly weapon or dangerous instrument.

Marcus was pulled over by a local deputy sheriff for a traffic violation. He wanted to get away, so while the deputy was writing the ticket, Marcus started his car and drove in the direction of the deputy, striking him with the car. The deputy was knocked down and suffered a broken leg, cuts and bruises. Can Marcus be convicted of assault on a law enforcement officer in either the first or second degree? Why or why not? What, if any, additional information do you need to answer this question? Pay attention to the process by which you analyze this problem.

Problem 5

Kansa G.L. § 221.1 provides: A person is guilty of burglary if he enters a building or inhabitable structure with the purpose to commit a crime therein unless the premises are open to the public, the actor is licensed or privileged to enter, or the premises are abandoned, or the actor reasonably believes such to be the case.

David liked to smoke marijuana, which he knew was a crime. He often went to smoke at an old cabin near the lake, which he believed had been abandoned. He entered the cabin through a broken back door. He was found there smoking marijuana by a police officer and arrested. He was charged with both possession of marijuana and burglary. The premises were in fact owned by an absentee owner and had not been abandoned. Can David be convicted of burglary? Why or why not? What, if any, additional information do you need to answer this question? Pay attention to the process by which you analyze this problem.

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