Controlled Substance Problem - Common Law
Consider the statute below which is in effect in a common law jurisdiction.
Whoever knowingly possesses a controlled substance within 1000' of a school shall be guilty of a Class B felony.
Apply this statute to the following hypotheticals:
(1) Someone (unbeknownst to D) puts something in D's pocket while he is w/in 1000' of a school. It turns out to contain a controlled substance.
(2) D takes a package from a friend to hold. He does not know what's inside. It is a controlled substance, and he has it while w/in 1000' of a school.
(3) D takes a package from a friend, knows it contains a particular substance, but does not realize this substance is a controlled substance. He has it while w/in 1000' of a school.
(4) D takes a package from a friend, knows it contains a substance that he knows is controlled, but doesn't know that where he is standing is w/in 1000' feet of a school.
(5) D takes a package from a friend, knows it contains a substance that he knows is controlled, knows that where he is standing is w/in 1000' feet of a day care center, but doesn't know that legally a day care center is a school.
(6) D takes a package from a friend, knows it contains a substance that he knows is controlled, knows that where he is standing is w/in 1000' feet of a school, but doesn’t know that it is illegal to possess a controlled substance within 1000' of a school.
What arguments can you make regarding the possibility of prosecuting D for this crime? Do you need additional information? If so, what information and why does it matter?
Write a brief written response addressing these hypotheticals and be prepared to present your analysis and arguments in class.
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