What was the courts holding in the case

Assignment Help Other Subject
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.

Reference no: EM133671443

Questions Cloud

Draft an email to the lessor keith saturn and timothy mars : Draft an email to the lessor/owner Keith Saturn and Timothy Mars summing up the situation and how the garden will be brought back to an acceptable standard
What term reasonable mean regarding amount of force needed : Discuss the difference between a stop and an arrest in your post. What does the term reasonable mean regarding the amount of force needed during an arrest?
What region best place to have capital of latin america : According to Simón Bolívar, what region would make the best place to have the capital of Latin America. Explain why.
Purposive solidary material : Purposive solidary material An interest-group member receives a free T-shirt for joining.
What was the courts holding in the case : 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?
Think about fundraising event you attended : Think about a fundraising event you attended (If you have not attended such an event, think of it hypothetically).
Internal alignment and external competitiveness : Why bother with grades and ranges? Does their use assist or hinder the achievement of internal alignment and/or External Competitiveness?
What time period of recent years was the liqueur popular : What other spirits or liqueurs are created that are similar to the chosen one (NOT Anakin!). What time period of recent years was the liqueur popular.
How does california voluntary tattoo removal program benefit : How does the California Voluntary Tattoo Removal Program benefit victims of human trafficking?

Reviews

Write a Review

Other Subject Questions & Answers

  What are primary circular reactions

What are Primary Circular Reactions, according to Piaget? Be sure to describe this in sufficient detail. Also, what specific behaviors can be observed

  What are the most important characteristics for success

What are the most important characteristics for success of executives in a business? How does analytics fit into their success? Why are executives with a DBA.

  Determine the role of the campaign process

Analyzekey reasons why third parties have never been successful at the presidential level. Determine the role of the campaign process in maintaining the two-party system. Use examples to support your response.

  Analyze good health hospitals records

Categorize the different parameters used in the compilation of data into the information summative - health care administrator at Good Health Hospital, regarding potential litigation issues with infections from the nosocomial diseases.

  Discuss the impact of global transparency

Critique U.S. counterintelligence operations versus the justification to conduct covert action in other countries.

  How concerned should the hospital be if lawsuit is a success

What law protects the hospital's mandated vaccination procedures? How concerned should the hospital be if the lawsuit is a success?

  How you will evaluate your ebp project

Based on how you will evaluate your EBP project, which independent and dependent variables do you need to collect? Why? 200 words.

  Relative size refers to the volume of a structure

If a woman with a brain size of 1600cc has an amygdala that is 42cc, and a man with a brain size of 1750cc has an amygdala of 44cc

  Purposes of government in christian doctrine

Based upon Christian principles, what are the three purposes of government? Describe each of these, using Biblical citations. Where are these three purposes of government evident today?

  Understand the basic precepts of systems theory

Understand the basic precepts of Giddens's structuration theory and its applications made by Poole and McPhee to organizations

  Define arsonist and provide a minimal of motivating factors

Define Arsonist and provide a minimal of three motivating factors in arson. Identify three improvised explosive devices

  Relation to atmospheric pressure systems

Watch a few TV weather forecasts and explain fair weather and storms in relation to atmospheric pressure systems (highs and lows).

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd