You may copy language directly from the textbook although should cite page numbers and the names of cases. If you are unsure whether a defendant is guilty or not guilty based on the facts you should explain why there are several possible answers (eg. my answer could be X or Y).
You will be graded on your statement of the law and application of the law to the facts. .
Type your answer.
Read over and edit your answer to avoid needless errors
Double space your paper with sufficient margins for comments
Explain your answer. Do not merely write “this is recklessness.” Explain why based on the facts this is reckless based on the facts in the problem.
You may copy a statement of the law directly from the textbook.
Stick to the law and do not speculate on whether a defendant is “smart” or “dumb” or whether the question is “stupid.”
Organize your answer
Do not assume facts that are not presented in the problem If you do assume facts make this clear in your answer.
Use the proper legal language. For example, X’s act is involuntary rather than X’s act is against X’s will.
YOU ARE LIMITED TO A TOTAL OF TWENTY SENTENCES FOR EACH AND EVERY PART OF QUESTIONS ONE. TWO AND THREE (E.G. EACH SECTION A COMBINED TWENTY SENTENCES). YOUR ANSWERS MAY BE SHORTER THAN TWENTY SENTENCES.
1. The victim, T, twenty-two years old, and T’s friend, A, went to a bar where T is introduced by a friend to the defendant, who buys T a drink. The defendant invited T and A, together with B whom A had met at the bar, to dinner at a restaurant across the street. After dinner, the defendant having paid for T’s dinner, invited T, A and B to the defendant’s apartment. Because A’s new acquaintance had a motorcycle, the defendant gave them directions to the apartment so that they could ride there while the defendant and T walked.
After a twenty minute walk, the defendant and T arrived at the apartment at about 10 p.m. A and A’s acquaintance were not there and never arrived at the apartment. T and the defendant sat on the couch in the living room to watch television. After fifteen minutes the defendant put the defendant’s arm around T and told T that the defendant wanted a kiss. T kissed the defendant. T testified that “the defendant wouldn’t back off and wouldn’t let go of me. So I said, look, I am not kidding. I really don’t want to do anything. I don’t know you.” T testified that the defendant was “still right in my face wanting to kiss me, saying that you don’t think I paid for dinner for nothing, do you.”
T testified that T was scared: “At first I didn’t know what to do. I lightly hit him in the chest and the defendant didn’t even take it seriously. Then I tried pushing him away, but the defendant was way too heavy for me to move.” T described the defendant as “at least six foot two” and “probably two hundred and twenty pounds” (T is five foot five inches and 130 pounds). T testified that “the defendant told me that I should make it easy on myself and cooperate, which I finally decided was probably my best bet.” T later stated that T believed in T’s mind that the “defendant was determined to have sex” with T and T decided to “give in” to the defendant and told T that under the circumstances that this was “okay.” The defendant led T into the bedroom where the two had a “significant physical interaction.”
During their sexual interaction in the bedroom T told the defendant that T had to pickup T’s mother and that T wanted to leave and that the defendant should “stop.” The defendant disregarded T’s statement and continued the interaction for fifteen or twenty seconds. T later asked the defendant why the defendant did not listen to T and the defendant claimed that the defendant did not “hear T say anything. In any event, ‘no means yes’ as far as I am concerned.”
T called a ride share. T places T’s business card underneath the couch, so that T would be able to prove T had been in the apartment. T told the driver to take T to the police station because T had been raped. At the station T gave T’s account of the event to the police. The defendant was arrested. The police later find T’s business card under the couch in his living room.
A. Was the defendant guilty of rape under the intrinsic test? Under the extrinsic test? Answer this question by discussing both tests and explaining why one or both of these tests applies to this situation. Explain answers based on the facts in the question
B., Under the John Z case was the defendant guilty of rape?
C. Explain the requirements of the rape shield law and think about the exceptions to the rape shield law. Assuming T takes the stand at the defendant’s trial as a judge would you allow the defense attorney to ask T on cross-examination whether T on other occasions had gone to the apartment of an individual whom T had met in a bar and had engaged in a sexual interaction with the individual? Clearly explain your answer based on the rape shield law. Keep the concepts of probative (evidentiary) value and prejudice in mind.
2. X plans to divorce X’s spouse S. X is a security guard who carries a firearm as part of X’s work. X walks in the door of the house and sees S in a romantic embrace with Y in the bedroom. X does not care that S is involved with another person because X wants a divorce although is slightly irritated that S would entertain Y in the bedroom when their young children are at home. X sees this as an opportunity to ensure that X is not required to share custody of the children with S in a divorce settlement. X removes X’s firearm from X’s pocket, loads the firearm, and kills S with a single shot. Y is a newspaper reporter and Y’s newspaper has big headlines covering the killing. X is extremely angry and emotional over the newspaper coverage and characterization of X as a cold-blooded killer. F agrees to help X get revenge against Y and enters into a felony conspiracy with X to frighten Y. F obtains additional bullets for X and lectures X that if X uses a firearm that X should shoot over F’s head. . A week later X goes to Y’s house, knocks on the door, and shoots and kills Y. As X pulls the trigger X exclaims that “you will die for writing what you said about me.” X flees the crime scene, changes X’s clothes and discards X’s disguise. X hears on the radio that the police have arrived at the crime scene and in a panic after traveling several miles speeds through a red light and kills pedestrian, P. X is charged with felony homicide.
A) Consider the killing of S. Should the prosecutor charge X with first degree murder? Second degree murder? Voluntary manslaughter? Explain which is the most appropriate charge and why you did not select the alternative charges.
B) Can X be charged with the voluntary manslaughter of Y? Explain your answer by applying all of the requirements of voluntary manslaughter.
C) Can F be charged with the felony murder of Y under the two legal tests for felony murder? Explain the two tests in answering the question.
D) Can X be charged with first degree felony murder for the death of the pedestrian P. In answering this question address the significance of the fact that P was killed several miles from X’s murder of Y?
3. X stops Y on the street in the afternoon and pushes a distance of three feet into a dark and isolated alley where X tells Y to “lie down, not move and keep your mouth shut” and sexually molests Y. X after completing the crime points an unloaded firearm at Y and warns Y that if Y tells anyone about what “just occurred” that X will return at some future point in time and ensure that Y will suffer. Was X’s pointing the firearm at Y an assault? X tells Y not to move and as X is about to leave X decides to wound Y and fires a shot at Y’s leg that misses Y. Y had Y’s eyes closed at the time and only later realizes that X had shot at Y Was X guilty of a battery?
A) Is X guilty of kidnapping Y? Is X guilty of false imprisonment of Y ?
B) Is Y guilty of one or of both forms of an assault discussed in the textbook or is Y not guilty of either form of assault? Explain your answer..
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