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Criminal Law Simons, Volumes I and II

In re Banks

As you read Banks, consider the following questions:

1. What was Banks charged with? What are the elements of that crime?

2. What did Banks do? (Do we know?)

3. Banks makes two challenges to the charge. What are they? How are they different?

4. What do you think the Georgia legislature intended when it created G.S. 14-202? Can you redraft the statute to more clearly proscribe only the intended conduct?

5. What is the Rule of Lenity?