Complete assignment #1 by reading Chapters 3 and 4 and completing the problem-solving exercises provided
Students will complete assignment #1 by reading Chapters 3 and 4 and completing the problem-solving exercises provided after both chapters (6 questions in total).
Chapter 3 Questions:
Question #1:
“Bid Night” at the local fraternity is a big party where new pledges make their formal decision to join the brotherhood. In preparation, older brothers purchased $2,000 worth of alcohol. One drinking game for new pledges is to drink as much alcohol as possible in 2 minutes. Ron drank hard liquor and immediately became disoriented. Ron tried walking around, fell down, and passed out on the floor. Partygoers simply assumed Ron was drunk and “sleeping it off.” While Ron was seemingly unconscious, fraternity brothers searched the Web for “alcohol poisoning remedies.” By the time the brothers called 9-1-1, it was too late. Autopsy results indicated Ron’s blood alcohol level (BAC) was “life threatening.” The frat brothers who purchased the alcohol and those who had walked by Ron without helping him were all charged under the following statute:
Anyone who purposely, knowingly, recklessly, or negligently causes the death of another shall be guilty of a felony.
All brothers facing charges claim they are not the cause of Ron’s death and had no duty to help him. The brothers who walked by Ron when he was passed out claim they had no mens rea to harm Ron and are, therefore, not responsible for his death. Who will win at trial, the prosecution or the defense? (ROL: purposely, knowingly, recklessly, negligently; causation; duty to act).
Question #2:
A prisoner at the local jail, Kent Cool, was awaiting trial on the charge of conspiracy to commit tax fraud when he learned that one of his codefendants, who was also in jail, Miles Friend, was going to become a state’s witness and testify against Cool. Cool saw Friend at lunch and told him to “keep his mouth shut.” At Cool’s pretrial hearing, Cool put two fellow prisoners, Blank and Macaw, on his witness list even though the two men did not testify. On return to prison, Blank and Macaw beat up Miles Friend. The government then charged Cool with conspiracy to retaliate against a witness. Does the government have enough evidence to sustain a conviction? (ROL: conspiracy).
Question #3:
Betsy bought some jewelry thinking it was stolen, but it was not, it was just cheap. The jewelry was legally owned. Betsy was charged with receiving stolen property. She raised the defense of impossibility. Will she win her case? (ROL: scienter, impossibility).
Chapter 4 Questions:
Question #1:
Tim and Tom were roommates and best friends, but their relationship soured when Tim lost his job and stopped paying the bills. After 4 months of Tim’s freeloading, Tom ordered Tim to leave the apartment, but Tim refused. Tom approached Tim and said, “I’m going to kill you,” and then squeezed Tim’s arm really hard. Tim moved out. When Tom learned where Tim was living, Tom parked in front of Tim’s apartment and followed him to work every day for 6 months. Tim has reported Tom’s behavior to the police. What crimes, if any, has Tom committed, and what defenses may he raise? (ROL: assault, battery, stalking, terroristic threats).
Question #2:
Ken and Fred hated each other. They were next door neighbors who often exchanged unkind words. One day the two were cutting the hedges that spread along the boundary of their property. As Ken was at one end of the hedges, Fred began to taunt Ken. Fred said to Ken, “I hear your wife was at the local tavern looking to score some real action,” at which point Ken took his hedge trimmers, which looked like large scissors, and stuck them in Fred’s leg. As Fred screamed in pain and tried to crawl back to his house, Ken walked away. Fred later died. When police came to arrest Ken, he confessed that he only meant to hurt Fred, not to kill him. What crimes against Ken can be charged? (ROL: first-degree murder with a deadly weapon, second degree murder, heat of passion manslaughter).
Question #3:
Erin left her dormitory room to visit a male friend in another dorm. When she knocked on the door, there was no answer, but the door was unlocked, so Erin went inside. Her friend was not there, but his roommate, Marty, was sleeping in a nearby bed. Marty asked Erin to stay and she agreed. Marty asked for a back rub, but Erin declined and sat on the floor. Marty got out of bed and sat on the floor beside Erin. Marty lifted Erin’s shirt and massaged her chest. They both stood up and Marty locked the door. He then placed Erin on the bed, removed her undergarments, and penetrated her vagina with his penis. After withdrawing, Marty said, “I guess we got carried away,” to which Erin replied, “No, we didn’t get carried away, you got carried away.” Police have charged Marty with raping Erin under the traditional, common law definition of rape. Does Marty have a defense? (ROL: rape).
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Remember that all assignments are required to utilize the IRAC Method for legal analysis. Students are encouraged to use the assignment resources provided in the Assignments module (located between Weeks 1 and 2).
All assignments are required to have a reference page. Any assignment missing a reference page will not be graded and will earn an immediate zero. Students must cite their sources, even if they only use the textbook.
Assignments must be uploaded in a Microsoft Word document, PDF document, or linked through Google Docs. Canvas does not recognize Mac Pages documents.
Criminal Law and Procedure: A Courtroom Approach 1st Edition, Kindle Edition
Answer preview to complete assignment #1 by reading Chapters 3 and 4 and completing the problem-solving exercises provided
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