Chapter One

Study Guide

As you read this assigned chapter, answer the following questions:

A. What is the Missouri Criminal Code definition of a crime?

1. Under the code, crimes are classified as felonies or misdemeanors. What is the definitional difference between a felony and a misdemeanor?

2. What is an infraction?

B. Sentencing

1. On July 1, Bohlen is convicted by a jury of Second Degree Robbery. Three (3) months later the trial court holds a sentencing hearing and the evidence is presented that Bohlen has had four (4) prior felony convictions. Each prior conviction was committed at different times. The trial court sentences Bohlen to a thirty (30) year prison term. Normally the maximum sentence for this is fifteen (15) years. Is this a valid sentence?

Why or why not?

C. Limitation on Conviction for Multiple Offenses

1. General rule is that one can be prosecuted and convicted of all offenses he has committed, even though they arise from the same transaction. Please explain why the convictions in the following cases were overturned by the Appellant Court.

(a) Question #1 - Ray visits his brother Gary's apartment and asks Gary to have a drink with him. Gary refuses and Ray gets angry and leaves. Four (4) hours later, unknowing that anyone was in the apartment, Ray sets fire to Gary's apartment and Gary's roommate dies. The police properly charge Ray with 2nd Degree Felony Murder (Class A felony) and 1st Degree Arson (Class B felony). The jury convicts Ray of both. Why? To answer this question you need to know that for the murder conviction the State had to prove that Ray caused the death of another while committing a felony. For the Class B felony of 1st Degree Arson, the State had to prove Ray knowingly damaged a building while causing a fire and recklessly put a person in the building in danger of death or serious physical injury.

(b) Question #2 - Could Ray be convicted of both 1st and 2nd Degree Arson? 2nd Degree Arson requires the same proof as 1st Degree Arson except a person does not have to be at or near the building.

(d) Question #4 - Al runs a stop sign. Can Al be convicted of both running the stop sign and reckless driving? Al becomes so distraught over the two (2) traffic tickets he receives that he stops at a pharmacy, pulls out a gun and robs it. Can he be convicted of both Robbery and Pharmacy Robbery?

(e) Question #5 - Sue and her child are asleep. Suddenly she is awakened by two armed men. They tie he up and threaten to harm her child. They ransack the house, gathering what they can. They ask her where her husband is and she says he is returning shortly. They ask her where her car keys are. She tells them where the keys are and they drive off in her car. Can the Defendants be convicted of both the robbery and for taking things in the house and stealing for taking her car?

D. Criminal Activity Forfeiture Act

Officer's Actions:

1. Incident to a lawful arrest, search or inspection, officer believes property was used in the course of or realized through criminal activity.

a. Criminal Activity - Commission, attempted commission, conspiracy to commit or intimidation of another to commit a crime chargeable under Missouri Laws listed on page 10 of your book.

2. Officer has probable cause 2a. Officer believes to believe property is property is

subject to forfeiture and subject to

will be lost or destroyed forfeiture, but

if not seized. it is not reasonable

to believe property will be lost or destroyed if not immediately seized.

3. Officer may seize 3a. Officer contacts

prosecutor for writ of seizure.

4. Must report to 4a. Court issues writ 4b. if no

Prosecutor within without notice to danger of

three (3) days. possessor if loss or

court believes destruction,

property may be full civil

lost or destroyed. hearing with

notice.

5. Prosecutor files 5a. Property seized,

civil forfeiture full civil

action. hearing.