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CJ213 Criminal Law and Practice
FINAL TAKE-HOME EXAM
Spring 2022
Due date: 11:59 pm, May 11, 2022 (200 points)
INSTRUCTIONS
PART I: Short answers – 50 points total – approximately 1 page
1. Explain the difference between a person recklessly committing an act and a
person negligently committing an act. Then identify TWO New Jersey
offenses we covered in the course, and identify the mens rea elements of
those offenses. (Use statutory provision numbers, such as NJS section 2C:11-
4(a)(1).)
2. Is causation met in a case against a driver if the passenger jumps from the car
to escape a sexual advance and is injured? Explain what causation is, what
the dilemma would be for a court, and what your conclusion would be.
3. Do you agree or disagree with having a felony murder category of homicide?
Provide two justifications for your conclusion.
4. What are the main differences between theft (NJS 2C:20-3) and burglary (NJS
2C:18-2)?
5. What are the pros and cons to allowing an intoxication defense in cases of
voluntary intoxication? For example in New Jersey, a defendant charged with
murder or rape could argue under NJS 2C:2-8 that he/she did not have the
required mental state (mens rea) because he/she was extremely drunk, and
the charge may be reduced to an offense involving recklessness. (The
argument might not be successful, but you are being asked to weigh in on
whether voluntary intoxication should be allowed as a defense at all.)
PART II: Short essays – 50 points total – approximately 1-2 pages
6. Imagine that the New Jersey State Legislature is considering reform to New
Jersey’s self-defense law. A group of lawmakers has proposed a bill that
would eliminate the duty to retreat in deadly force cases and change the
language from protecting against an “imminent attack” to protecting
against an “anticipated attack.” (See class materials from Week 12-14 for
the language of the current law.) You are an attorney for the NJS Police
Benevolent Association and your organization opposes the changes. Write
an answer arguing against reforms to the law.7. Choose a topic from the “topical cases” folder on Blackboard. Explain issues
that arise in the case and make an argument as to how the issues should
be addressed by society or government. What specific changes to law and
policy are needed? Are constitutional rights affected in the case/cases you
chose? Are those rights interpreted in an ethically sound way? For this
question, use your own personal opinion on the chosen topic.
PART III: Problem questions – 100 points – 2-4 pages
Answer the problem questions on the following pages, applying New Jersey
law. These questions are equally weighted.
You will get credit for:
• Identifying legal issue(s) presented in the question that may be the subject of
debate. (For example, “The key issue here is whether the defendant acted
recklessly or instead whether he acted purposely.”);
• Identifying the rules of criminal law that apply (specific statutory language);
• Correctly applying the law to the facts;
• Clearly presenting your answers and citing relevant statutes and cases.
Instructions on referencing NJ statutes are available on the Blackboard page.
Good application of the law requires an in-depth explanation of what the law
actually is. It also requires you to dig into your notes, handouts, slides and the
textbook. Don’t just say “The defendant is guilty of X crime.” Explain the elements of
that crime and why those elements are met. Cover any relevant defenses too.
8. Damien worked for a woman, Claire, who ran an escort agency involving
prostitution. He would drive women to clients and act as a minder. Claire
then became involved with another man, Sullivan, who was a violent drug
dealer. Sullivan took over much of Damien’s work and friction developed
between the two men. Damien was aware that Sullivan was a dangerous man,
and Sullivan had boasted about three murders he had recently committed.
One night Sullivan and another man known only as “Lunatic Yardie”
ambushed Damien outside his home. Sullivan instructed Damien that he
must enter a house owned by one of Claire’s clients when the client was away
and take a box of keys in the client’s bedroom. He told him that Lunatic
Yardie would accompany him. Sullivan threatened that if he did not do so he
and his family would be harmed. Damien complied with Sullivan’s
instructions. Discuss any criminal liability of DAMIEN under NJ law
(offenses/defenses).
9. Jae is an 18-year-old student who is charged with the sexual assault of Sal,
age 14. Jae and Sal met at the beach and hung out multiple times over the
course of several weeks. Jae tried to convince Sal to have sexual intercourse
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