Questions For Thought and Discussion
11. What is the rationale for courts to require that to obtain a conviction for possession of
burglary tools the state must prove the accused knowingly had possession of burglar’s tools,
knew the tools could be used for a criminal purpose, and intended to use them for such
purpose?
12. Assume you are working as a staff assistant to a legislator who desires to introduce a bill to
assist merchants who are experiencing losses from “bad checks.” What types of provisions and
penalties would you recommend?
Chapter 8 Offenses Against Public Morality
Questions For Thought and Discussion
3. Do you think proponents of same-sex marriage can use the Supreme Court’s decision in
Lawrence v. Texas as a basis for constitutional assaults on state laws that prohibit such unions?
6. How are laws proscribing obscenity susceptible to the over breadth and vagueness
challenges discussed in Chapter 3?
8. Do you think Congress can devise a law that will pass constitutional muster to protect
children from Internet pornography? What suggestions do you have in this area?
Problems For Discussion and Solution
1. Tanya Thong has been convicted of indecent exposure stemming from an incident in which
she appeared topless on a public beach. On appeal, Thong argues that the indecent exposure
statute amounts to unconstitutional sex discrimination because it prohibits women, but not
men, from baring their breasts in public. Does Thong have a valid argument?