Reference no: EM133671443

Question I

New York Consolidated Laws, Penal Law - PEN § 220.25 states: "The presence of a controlled substance in an automobile, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found; except that such presumption does not apply (i) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his trade, or (ii) to any person in the automobile if one of them, having obtained the controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (iii) when the controlled substance is concealed upon the person of one of the occupants." Explain this statute in your own words. What does this law mean?

Question II

Bill is leaving work when a co-worker asks him to drop off a package at the post office on his way home. The co-worker explains that he must work late and can't get to the post office before it closes. Bill stops at the post office and is met by police officers with drug-sniffing canines who discover the package his co-worker gave him contains cocaine. What type of possession is this? Explain your answer.

Question III

John is a construction worker. He is walking down the street when he notices two children playing in the street. John continues on his way. Shortly after he passes, one of the children is hit by a car and killed. Is John Guilty of a Criminal Omission? Why or Why Not?

Question IV

Review Williams v State in Chapter 3 of your text. Answer the following:

Assume you're the prosecutor. Argue that Williams actually and constructively possessed marijuana. Back up your arguments with facts in the case.

Assume you're the defense attorney. Argue that Williams didn't physically or constructively possess marijuana.

Question V

Review Commonwealth v. Pestinikas in Chapter 3 of your text. Answer the following:

List all the facts relevant to deciding whether the Pestinikases had a legal duty to Joseph Kly.

What was the courts holding in this case? Do you agree? why or why not?

Question VI

Review the You Decide Did She Possess Alcohol? in the Possession as a Criminal Act section in Chapter 3 of your text. Do you agree with the majority or the dissent? Support your answer with details from the case and from the "Possession as a Criminal Act" section in your text.