Community College of Philadelphia
Summer 1, 2005
Criminal Law, Test 1

Name:________________________________

Place all answers on this test. This is a take-home test and we will expect detailed, grammatically correct answers. Any answer which is not explained will not be given full credit. This test must be turned in at 9:30 am on Tuesday. Late tests will be penalized.

Bad Break-Up

Jack and Jill both lived in Philadelphia and were romantically involved. Jill left Jack for another guy and moved to Montana to be with him. In an angry moment, Jack went to a chat room on the World Wide Web and started leaving public postings pretending he was Jill. The comments he left were of a sexual nature and asked all men interested in meeting Jill for some fun to call her or to visit her home any time night or day. He also posted Jills new address and new unlisted telephone number in Montana.
As the result of Jacks actions, Jill received many crude telephone calls from strangers and a number of visits to her home from individuals following up on the note on the Web. You have been asked to look into this case and you have determined that there are no crimes exists that would fit these actions.

1. Explain the principle of law to Jill that will not permit a criminal case to be brought against Jack at this time. (20 points)










The Anti-Name Hijacking Law

Jills local senator in Montana reads about Jack and Jill and is furious. He contacts his friends both in the Montana Senate and in the House of Representatives and they decide to pass a law called The Anti-Name Hijacking Law. The law provides two separate offenses:

1. Any person who shall use the name of another in an effort to cause them inconvenience, annoyance or alarm shall be guilty of a 1st degree misdemeanor.

2. Any person who shall act like a jerk with an ex-girlfriend shall be guilty of a 1st degree felony.

After hearing that the passage of the law was about to take place, Jack removed all the offensive postings about Jill from the World Wide Web. Jack is the first person charged under the law.

2. Provide an explanation of at least three reasons why the prosecution of Jack can be challenged. Be sure to provide a detailed reason for your answers. (30 points)
























Just to Get Jacks Attention

The Montana legislature, in their anger over Jack’s actions also provided that under this statute, any individual convicted under this statute would be required to serve a thirty(30)year sentence with the possibility of parole.

3. Discuss a challenge to this sentencing portion of the statute. Be sure to explain this answer in detail. (20 points)







Skippys Revenge I

Skippy is Jills new boyfriend and he wants to get Jack for all the trouble he cause Jill. Skippy goes on the World Wide Web and pretending to be Jack, he posts a comment on a website called Rough, Very Rough. On the site, people ask to meet others who like to wrestle roughly like the World Wide Wrestling Federation. He posts Jacks picture, name and address in Philadelphia. Arriving home after work, Jack is met by twelve (12) men seeking to wrestle with Jack. Jack ends up with a broken nose, arm and leg.

4. Assume Skippys actions have been discovered. Discuss the level of intent that would apply to Skippys actions. Be sure to discuss all aspects of your analysis. (20 points)
















Skippy&s Revenge II.

After Jack recovers from his injuries he returns home to find the same 12 people waiting to wrestle with him again. Jack jumps into his car to escape the 12 wrestlers and while being chased he loses control of his car; it veers off the road and kills two pedestrians.


5. Discuss the issue of causation in charging Skippy with the death of the pedestrians. (20 points)