Criminal Law, Exercises 3 and 4

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Exercise 3 (10 Points): Select one of the following answers for each question: YES, NO, PROBABLY, PROBABLY NOT. Explain each answer.

1. Would the killings in the following situations more likely be voluntary manslaughter than murder?

A. Vince calls Debbie several names that reflect on her ethical standards and mother’s sexual practices. Debbie becomes irate and kills Vince.

B. Dean and Jimmy are arguing over a place in the theater line. They agree to settle the matter by fighting it out. During the fight Jimmy is killed.

C. Vondra throws a rock at Denise and runs away. The next days, Denise sees Vondra and kills her.

D. Vondra throws a rock at Denise and runs away. Denise, frustrated at her inability to obtain revenge against Vondra, sees Xaviera, an innocent bystander, and kills her.

2. Should the following killings be charged as involuntary manslaughter?

A. Mark intentionally drops a large rock from a highway overpass. Distracted by the approaching rock, Wally loses control of his car on the highway and is killed in the ensuing crash.

B. Andy is cleaning his gun when the telephone rings. He leaves the gun on the table while he goes to the adjoining room to answer the phone. Meanwhile Johnnie, Andy’s four-year-old son, wanders into the room and takes the gun to play with it; it discharges, killing Johnnie instantly.

C. Mary is attempting to commit suicide. Rob intervenes to prevent this, and in the struggle the gun Mary was using discharges, killing Rob.

3. Can Bill be convicted of battery in the following situations?

A. Bill puts poison in Susan’s drink, and she drinks it.

B. Bill intentionally spits on Susan’s shoe.

C. Bill, driving a car in a highly negligent manner, strikes Pedestrian. Bill did not intend to injure anyone.

EXERCISE 4: Due by FEBRUARY 20, 2017 – NO Exceptions. Must be Typed, Double Spaced, and no more than 4 pages. INCLUDE A “YES” OR “NO” OR “DEPENDS” ANSWER AT THE BEGINNING OF YOUR RESPONSE TO EACH QUESTION. WHEN YOU SELECT DEPENDS AS AN ANSWER MAKE CERTAIN YOU DECLARE WHAT YOUR RESPONSE ‘DEPENDS UPON.”

Exercise 4 (10 Points):

Select one of the following answers for each question: YES, NO, DEPENDS. Begin each answer with one of the answer options at the beginning of your response.

1. Don points a gun at Vivian and pulls the trigger. Unknown to Don, the gun is defective and will not fire. Is Don guilty of assault?

2. Danielle attacks Violet and Violet’s face is severely disfigured. Danielle is charged with mayhem, but at the time of the trail, two years later, Violet’s face has returned to normal. Can Danielle be convicted?

3. Dance and Vance are at a party. Both have consumed great amounts of liquor. Vance passes out, and Vance engages in an act of intercourse with her while she is unconscious. Is Dance guilty of rape?

4. Dennis tells Vanna that unless she submits to intercourse with him, he will report her to the police as a prostitute. Vanna submits. Is Dennis guilty of rape?

5. Dunbar tells Veronica that if she will engage in intercourse with him, he will pay her $150. He does not intend to pay her, and after the act is complete he refuses to do so. Is Dunbar guilty of rape?

6. In Deft’s prosecution for rape of Vicky, Deft testifies that Vicky consented to the intercourse. Vicky testifies for the prosecution that she did not consent but rather physically resisted as much as she could. Deft asks the jury to be instructed that he should be acquitted if the jury determines that he reasonably believed Vicky consented, whether or not she actually did. Does the prosecution have a viable argument that this instruction should not be given?

7. While Slim is walking down a hall in a public building, Bill moves in front of him and refuses to permit him to proceed. Is bull guilty of false imprisonment?

8. Doug Delude, as part of an extortion scheme, tells Dupe that his wife is in the hospital calling for him. Dupe unwilling accompanies Delude to his car and drives away with him. Is Delude guilty of kidnapping?

9. D breaks into V’s house and finds her in the kitchen. He compels her to go into the adjoining room and rapes her there. Is D guilty of Kidnapping as well as rape?

10. Starkmad and Disgusting rob a bank. During the robbery, Disgusting becomes attracted to the teller and forces his attentions upon her, despite Starkmad’s urging to avoid this. Finally, Starkman strikes Disgustingwith the butt of his gun to discourage the attack on the teller; the gun discharges accidentally and kills Disgusting. Is Starkmad guilty of felony murder?

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