Criminal Law and Points
LAW 209 FINAL EXAM
MAY 18, 2012. PROF. URIEL
INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22, 2012. THE EXAM IS OPEN BOOK, BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU
QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal to import Cuban, Nicaraguan, and Guatemalan cigars into the United States, Albert takes great pains to get his cigars. He calls Janice, another cigar lover, and asks for her help. They agree to work together. Janice and Albert buy a plane tickets to Canada, where they can legally purchase all cigars. They buy the cigars, hidden in their luggage, Albert and Janice smuggle six boxes of what they believes to be Cuban Cigars, six boxes of Nicaraguan cigars, and six boxes of Guatemalan Cigars into the United States. Despite what Albert thought, it is only illegal to import Cuban and Guatemalan cigars in to the United States. The importation of Nicaraguan Cigars is legal. Moreover, the cigars that Albert thought were Cuban where actually Nicaraguan. As it turns out, Janice is an undercover ATF agent who had no intention of allowing Albert to bring the cigars into the United States. Janice arrests Albert.
A. In one short paragraph, please state whether or not Albert may be charged with either or both of the crimes of Smuggling in Cuban Cigars or Smuggling in Nicaraguan Cigars. Do not consider attempt crimes in your answer. (8 points).
B. In one short paragraph, explain whether or not Albert may be charged with the crime Attempted Smuggling of Cuban Cigars under the Model Penal Codes’ substantial steps test. Be sure to explain the substantial steps test in your answer (8 points).
C. True of False: Albert may be charged with criminal solicitation. (2 points).
D.
MAY 18, 2012. PROF. URIEL
INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22, 2012. THE EXAM IS OPEN BOOK, BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU
QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal to import Cuban, Nicaraguan, and Guatemalan cigars into the United States, Albert takes great pains to get his cigars. He calls Janice, another cigar lover, and asks for her help. They agree to work together. Janice and Albert buy a plane tickets to Canada, where they can legally purchase all cigars. They buy the cigars, hidden in their luggage, Albert and Janice smuggle six boxes of what they believes to be Cuban Cigars, six boxes of Nicaraguan cigars, and six boxes of Guatemalan Cigars into the United States. Despite what Albert thought, it is only illegal to import Cuban and Guatemalan cigars in to the United States. The importation of Nicaraguan Cigars is legal. Moreover, the cigars that Albert thought were Cuban where actually Nicaraguan. As it turns out, Janice is an undercover ATF agent who had no intention of allowing Albert to bring the cigars into the United States. Janice arrests Albert.
A. In one short paragraph, please state whether or not Albert may be charged with either or both of the crimes of Smuggling in Cuban Cigars or Smuggling in Nicaraguan Cigars. Do not consider attempt crimes in your answer. (8 points).
B. In one short paragraph, explain whether or not Albert may be charged with the crime Attempted Smuggling of Cuban Cigars under the Model Penal Codes’ substantial steps test. Be sure to explain the substantial steps test in your answer (8 points).
C. True of False: Albert may be charged with criminal solicitation. (2 points).
D.