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Frank Johnson often hunts during deer

season. He usually hunts in the north-

west quadrant of the county where there

is ample public land on which hunting is

allowed on a restricted hasis, Adjoining

this public land is a section of property

owned by Jake Wyner. Johnson inadvert-

ently goes on Wyner’s land one day and

kills a big buck. Under what conditions

would Johnson be liable for trespass on

real property? Under what conditions

would he not be liable for trespass on real property?

Bill has been charged with the crime of

robbery. A jury of 12 jurors and 2 alter-

nates has been selected. One of the

alternates, Al, is Bill’s cousin, a fact that

neither the prosecutor nor the defense

attorney knew, Bill sees Al in the hallway

of the courthouse, slips Al S50, and says,

“This is for the time you will have to spend

on this miserable jury,

* but says no more

Can Bill be charged with embracery?

Read my answer for these question and write 3-4 sentence response for each

Bill has been charged with the crime of robbery. A jury of 12 jurors and 2 alter-nates has been selected. One of the alternates, Al, is Bill’s cousin, a fact that neither the prosecutor nor the defense attorney knew. Bill sees Al in the hallway of the courthouse, slips Al $50, and says, “This is for the time you will have to spend on this miserable jury,” but says no more. Can Bill be charged with embracery?

Embracery is the attempt to influence a juror corruptly to give his or her verdict in favour of one side or the other in a trial, by bribery, threats, or promises. Bill, who has been charged with robbery, realized his cousin Al is an alternate on the jury for his trial. When passing him in the hallway Bill gives Al $50 and says “This is for the time you will have to spend on this miserable jury”. Although he does not directly state that the money is in exchange for anything, the pure fact of giving a juror money during the time of a trial is considered jury tampering, what Bill wants him to do is implied. Even though it’s only $50, which is not a significant amount of money, as soon as Al accepted it it became a bribe, and therefore embracery. According to Lawson and Berry Law Firm, when a juror accepts anything of value offered to them with the understanding that it was given with the intent of influencing their action as a juror, it is considered embracery. Although he didn’t state exactly what to do or say, Bill said it was “For his time on the jury”. If Bill is convicted of Embracy, on top of whatever sentence he receives for the robbery, he will be guilty of an additional felony, ensuing a fine of no more than $1,000 and between one and five years in prison, or both.

Chapter 21, Question 1:

John, president of the Builder Land Developing Corporation, opened a subdivision in a suburban area of Big City. John and his public relations firm decide to kick off the sales of property in the subdivision with a very attractive offer. Everyone who buys a piece of property will have the recording number of the deed written on a piece of paper that is placed in a fishbowl. After all the property in the subdivision is sold, a drawing will be held and the person whose deed number is drawn will have his or her mortgage paid off, or if the buyer paid cash for the property, the purchase price will be refunded. John puts the plan into effect, sells the first lot, and places the first number in the fishbowl. Has John committed any crimes? 

Although this scenario could be looked at as gambling houses or even illegal lottery, John committed no crimes because no one lost anything during this prize drawing. John also made this a fair game situation by adding every person who buys a piece of property into the fish bowl and taking out a name to win the prize of having their mortgage paid off or their cash money refunded to them. Everyone involved would have to pay for the property they are purchasing regardless, this is just a fun incentive to encourage people to buy the property faster, and is being done out of the kindness of John’s heart. The contest was stated before anything was purchased and anyone decided to buy property, making this fair game and not illegal at all. 

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