Expert answer:Criminology helpful responses
Expert answer:1) This is related to my answers titled question 1 in the attachments. Write a constructive feedback. State you agree with the person. Point out what they did good and state your opinion. Write in first person I would vote to affirm Scherz’s conviction. You would notice that in the sentence where it talks about how Washington deals with the display of a weapon, it says if it appears to be a weapon. That’s why the bank teller’s testimony is important because he toenail clippers looked like a part of a grenade. If Scherz actually had that weapon, then the bank teller would be right to assume that Scherz was armed. Since he displayed a real weapon, there’s no doubt that he would be convicted.If the bank teller realized Scherz had toenail clippers, I don’t think that Scherz would be held liable since the clippers didn’t convince her. She probably won’t even report him to the police if she assumes it was just a prank. If Scherz showed a toy grenade, I would hold him liable since it appears to be a real one.2) This is related to my answers titled question 2 in the attachments. Write a constructive feedback. State you agree with the person. Point out what they did good and state your opinion. Write in first person The facts in the case support that Gervasio committed grand larceny and fraudulent accosting because he accosts a person in a public place with intend to depraved the victim, the victim was deprived in excess of $1000, and Gervasio pretended that he automotive mechanic. When the victim took her vehicle to the leadership, there was no evidence that Gervasio repaired her car. Moreover, Geravsio charged the victim for work that he did not do it. Gervasio scammed the victim when he spilled his coffee underneath the victims’ car and he knew this is fraudulent scheme.The facts that support Abbott’s conviction that she saw Gervasio spilled the coffee underneath the victim vehicle, told the victim the same story that her car is leaking, and Gervasio and Abbott were waiting the victim to come out from the supermarket. In fact, defendant accompanied Gervasio to the victim’s home and to the bank to transfer the money. I agree with the length of Abbott’s prison sentence because she contributed with Gervasio to cheated the victim and knew about all the story and did not tell police.3) This is related to my answers titled question 3 in the attachments. Write a constructive feedback. State you agree with the person. Point out what they did good and state your opinion. Write in first person Kenneth Lay was the CEO and chairman of Enron and had a central role in the Enron scandal. Lay was indicted by a grand jury and was found guilty of 6 counts of securities fraud and wire fraud. Securities’ fraud is when you buy or sell stocks based on information that is not available to the public also known as insider trading. The federal Securities and Exchange Commission makes sure that companies provide accurate information about their financial standing. Prosecutors used the fact that Enron executives misrepresented their earnings to entice investors and pretend that they were a profitable company. Wire fraud is the same as mail fraud, but it crosses state or foreign boundaries. Wire fraud is when you devise a scheme to obtain money under false pretenses. The Enron executives were taking the money that the investors put into their company and transferring it to their own account for themselves. Lay was sentenced for up to 45 years in prison, but he died of a heart attack prior to sentencing. I feel like 45 years would have been the rest of his life, so it was basically a life sentence and I think that fits the crime. However, I feel like we don’t really take white-collar crime seriously and to combat over-crowding, he might have been let out early on parole for good behavior, which I do not agree with. 4) ***This is related to my answers titled question 4 in the attachments. Write a constructive feedback. State you agree with the person. Point out what they did good and state your opinion. Write in first person point of view.I would say white collar crimes pose a greater threat to society. White collar crimes cost companies billions of dollars each year. “While white collar crime is inherently non-violent, it is far from a victim-less crime. Not only do businesses suffer, but investors, employees and their families can all lose money and job security when white collar crime runs rampant in the business world.” (Rosen) “On the whole, white collar crimes cost the country’s economy somewhere between 300 and 600 billion dollars per year. This includes both business and ordinary citizens and is a major problem that authorities constantly try to deal with.” (Rosen) Whereas a regular /street crime doesn’t affect nearly as much people or do as much financial damage. Although street crimes are more concerned with safety rather than financial. One street crime affects a small number of individuals, and one white collar crime can affect hundreds. “White-collar crime is the root to most crimes committed in the United States.” (Kelly) For example, let’s say an employee was one of the ones who lost their job as an effect of a white collar crime, they might resort to burglary or robbery in order to provide for their family. So if white collar crime was little to nonexistent, then maybe street crime wouldn’t be as much either.
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Running head: CRIMINAL LAW QUESTIONS
Criminal Law Questions
Student Name
Institution
1
CRIMINAL LAW QUESTIONS
2
Question 1.
Would You Vote to Affirm Scherz’s Conviction?
The fact that robbery occurred, in this case, puts Scherz under conviction. He
threatened to use a weapon in case the teller failed to meet demands posed by him. In my
own opinion, I would not vote to affirm Scherz’s conviction in a first degree robbery. Instead,
I would plead with the state to convict Scherz under the second degree robbery. The fact that
the convict used mere threats, unaccompanied with a deadly weapon or any physical harm
qualifies it to be a second-degree robbery rather than a first-class robbery. If the state is to
proceed with the conviction under the first-degree theft, then it should provide evidence that
the alleged robber engaged in a physical act or produced a dangerous weapon, beyond his
verbal threats.
On Occasion That Scherz Had a Grenade in His Pocket.
The law is evident in such a situation. It states that a robbery charge is elevated to a
first class robbery in a case the suspect is armed with a deadly weapon and threatens to use it
against the victims at hand(Lindegaard,2015). In such a situation I would vote to reaffirm for
a conviction in the First-degree robbery. The fact that he had a grenade, which a lethal
weapon will elevate it into a first-degree burglary.
Should Scherz Be Held Liable For the First-Degree Robbery If the Teller Realized That
Scherz Was Threatening Her with the Metal End of the Toenail Clippers?
A Toenail clipper is not a harmful weapon. Grenades, Guns and pistols are some of
the weapons that that can be classified under harmful weapons. Therefore, had the teller
realised that the robber was not armed with a grenade, it is not justifiable for the robber to be
held for first class robbery.
CRIMINAL LAW QUESTIONS
Situation That Scherz Displayed a Realistic Looking Toy Grenade?
It would be quite difficult for a teller, especially a lady to differentiate between a toy
grenade and a real grenade. It is a matter that could call in for explosive experts. On a
situation that the projectile is found to be a toy, it won’t be justifiable for the robber to be
charged under first robbery degree. It is because a toy grenade is not as harmful as thought.
It’s just a model of the real shell.
3
CRIMINAL LAW QUESTIONS
4
References
Lindegaard, Marie Rosenkrantz, Wim Bernasco, and Scott Jacques. “Consequences of
expected and observed victim resistance for offender violence during robbery
events.” Journal of Research in Crime and Delinquency 52.1 (2015): 32-61.
Running head: CRIMINAL LAW QUESTIONS
Criminal Law Questions
Student Name
Institution
1
CRIMINAL LAW QUESTIONS
2
Question 2
Facts in the Case That Gervasio Committed Grand Larceny and Fraudulent Accosting
Grand theft or pretenses is an offense that involves taking other people’s property, in
which the cost of the ownership taken is usually higher than the petite price. The fact that
Gervasio received $1400 for work he did not do is an act of pretense. The American law
states that for one to have committed this crime the value of the property stolen must be more
than $1000. The amount charged falsely by Gervasio is more than the required by the law,
therefore making it Grand larceny. On the other hand, fraudulent accosting is depicted by the
fact that Gervasio accosted the victim in a public place, with a primary intention of
defrauding her (Lippmann, 2009).
Abbot’s Sentence
I strongly agree with the sentence handed to Abbot of serving four years in jail. It is
what is required by the Grand larceny law, which states that the convict should be given two
to four years for committing the said offenses.
CRIMINAL LAW QUESTIONS
3
References
Lippman, Matthew. Contemporary criminal law: concepts, cases, and controversies. Sage,
2009.
References
Lindegaard, Marie Rosenkrantz, Wim Bernasco, and Scott Jacques. “Consequences of
expected and observed victim resistance for offender violence during robbery
events.” Journal of Research in Crime and Delinquency 52.1 (2015): 32-61.
Running head: CRIMINAL LAW QUESTIONS
Criminal Law Questions
Student Name
Institution
1
CRIMINAL LAW QUESTIONS
2
Question Three
Duke Cunningham
Formerly a Navy pilot and a commander, duke ventured into politics after retiring
from the posts mentioned. His political career was cut short by a resignation and later a jail
term for professional criminal activities he carried out while serving as a member of the
United States House of Representatives, in November 2005. He pleaded guilty of receiving
bribes amounting up to $2.4billion and tax evasion
Accepting bribery is a criminal offense in the United States of America, and is
punishable(Friedrichs,2009). It involves taking or soliciting items to influence specific
actions, contrary to the usual practices. The prosecutor, in this case, would have used the
element of receiving bribes, amounting to $2.4billion to prosecute Duke Cunningham. On the
other hand, tax evasion is a severe offense in the United States of America. It’s an illegal
attempt of the taxpayer to evade payment of taxes. In such a situation, the prosecutor uses the
evasion law to have one prosecuted. Following the crimes he committed, Duke was sentenced
to eight years and four months in prison and $1.8million for restitution. He was released in
2013.
CRIMINAL LAW QUESTIONS
3
References
Friedrichs, David O. Trusted criminals: White collar crime in contemporary society. Cengage
Learning, 2009.
References
Lindegaard, Marie Rosenkrantz, Wim Bernasco, and Scott Jacques. “Consequences of
expected and observed victim resistance for offender violence during robbery
events.” Journal of Research in Crime and Delinquency 52.1 (2015): 32-61.
Running head: CRIMINAL LAW QUESTIONS
Criminal Law Questions
Student Name
Institution
1
CRIMINAL LAW QUESTIONS
2
Question Four
Who Poses a Greater Threat to Society, White-Collar or Common Criminals?
Both white collar and common criminals cause a more significant threat to the society
(Friedrichs, 2009). Common criminals, on most occasions cause panic in the community and
anyone can become a victim of the everyday criminals (Coleman, 2005). Therefore, in my
opinion, it is the most dangerous type of crime. Many people have been psychologically
affected due to activities of common criminals, some killed and caused uncertainties in
robbery prone areas. Although white collar criminals are also as dangerous as the common
ones, their operations do not affect many people as compared to the later, although this
happens indirectly.
CRIMINAL LAW QUESTIONS
3
References
Coleman, James William. The criminal elite: Understanding white-collar crime. Macmillan,
2005.
Friedrichs, David O. Trusted criminals: White collar crime in contemporary society. Cengage
Learning, 2009.
References
Lindegaard, Marie Rosenkrantz, Wim Bernasco, and Scott Jacques. “Consequences of
expected and observed victim resistance for offender violence during robbery
events.” Journal of Research in Crime and Delinquency 52.1 (2015): 32-61.
…
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