Prof. Law & Ethics
77393/06 Spring 2003
Class 19: April 2 ,2003

Reading and questions for class 20: April 7
New York Penal Law, Section 1.05

Regina v. Dudley and Stephens
1. What is a special verdict? (See Black's Law Dictionary).
2. What did the jury in Dudley decide?
3. What did the court decide?
4. Why was the decision divided between the jury and the judges?
5. Why do we punish criminals? (There are several possible answers.)
6. Which of the several possible justifications for punishing criminals are applicable in Dudley?

United States v. Bergman
7. Was Rabbi Bergman's punishment appropriate? Should it have been more or less?

Commonwealth v. Welansky
8. Was Welansky aware of the risk he created by the way he maintained the night club?
9. Is it relevant that Welansky himself spent most of his evenings in the night club?
10. How does conduct that is negligent or grossly negligentdiffer from conduct that is wanton and reckless?

Exam, April 14, material from White Smith up to and including RKB Enterprises.

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