1. Read section 5.01 and Section 220.1 of the Model Penal Code and appropriate text and answer the following question. Joe is terminated from his position as an attorney on a Friday afternoon. The termination was a surprise and a major disappointment to Joe. He calls home to tell his wife and concludes his conversation with a comment to his wife that he should "torch" the place over the weekend. Joe's termination provided that he would have two weeks to finish up his work and clear out his possessions. One of Joe's colleagues overheard Joe's comment about torching the firm and passed it on to management. Over the weekend, Joe goes to the office on a Saturday night, using the key that was lawfully issued to him. The night watchman has been alerted to the issue and goes by to shine a light in Joe's car. In the back seat, there is a clearly visible gasoline can and a book which is titled " Prosecution and Defense of Arson cases ." The night watchman calls police who enter the Building and arrest Joe for attempted Arson. Joe was seated at his desk smoking a Cigar when police arrive.
Discuss all issues that you see with this scenario----from the facts provided and any assumptions you draw, is Joe guilty of attempted Arson? Why or why not? Discuss and fully analyze all issues.
2. Jane is a newly hired prosecutor in a big city. Part of her job is to review files submitted for appropriate decisions as to what if any charges to bring in a given case. The perjury law in Jane's state is identical to Model penal code section 241.1. Assess the viability of a perjury prosecution in each of the following instances. Discuss and fully analyze all issues.
A. A woman has requested that Perjury charges be filed against her ex-husband. She contends that her ex-husband lied in their Divorce trial. His alleged lies involved testimony he gave about conversations between the two of them which were not overheard by others or recorded.
B. Another prosecutor recently finished a trial which resulted in a conviction. One of the State witnesses lied about his name and address during his testimony and that lie has now come to light. There is no suggestion that he lied about anything else. The witness, whose real name is Bill Franklin, stated that his name was John Franklin. Bill Franklin has a prior felony record for assault and burglary. John Franklin has no apparent record. Had Franklin revealed his true name at trial, the jury would have been told about his record.
C. Another prosecutor has been involved in a trial resulting in a conviction. The defendant was a Mexican male. The arresting officer was allegedly prejudiced against Mexicans. He was asked during testimony whether he had ever uttered a racial slur associated with Mexicans. He denied it. Now there are five separate witnesses, including two police officers, who state that they had heard the officer make racist remarks.
3. Read Article 210( Homicide) and 222(Robbery) of the Model penal code together with appropriate sections of the text and answer the following. Al and Gus are broke and down on their luck. They decide to obtain funds from a local liquor store. Gus drives the car to the store and Al goes in. Al displays a realistic looking toy gun and points it at Cashier. He says to give him the money and no one will get hurt. The cashier complies and also trips the alarm. A police officer just happens to be within 4 blocks of the store. He speeds to the scene to see Al emerging from the store with the toy gun in plain view. The officer confronts Al and then shoots at him. The shots miss, but one of the bullets ricochets and hits the cashier who was watching the activity. Cashier dies as a result of the officers bullets. Gus and Al then surrender.
What charges against Gus and Al? Discuss and fully analyze all issues.
4. Read Articles 221 on burglary and 223 on theft together with appropriate text and answer the following. Mike is a homeless man who is also an alcoholic and a crack addict. He lives under a bridge in the City. He has fashioned a tarp to cover himself, which has the appearance, when situated properly, of a typical camp tent. Mike is passed out for the night. Dean, another homeless man, comes upon the tarp and looks inside. He sees Mike passed out and looks around more. Dean takes some crack and marijuana from inside the tarp and from Mike's person. The street value of the drugs taken exceeds 500 dollars. An undercover officer was watching the whole thing and arrests Dean.
What issues do you see with a prosecution for burglary? theft? Burglary and Theft together? Discuss and analyze fully.
5. Dr. K receives a call from a long time patient in the advanced stages of Lou Gehrig's disease. Patient is in such pain that she no longer desires to live. She asks Dr K. if he knows any way that she can kill herself with as little pain and hassle as possible. Dr. K tells her of several ways he knows of and he agrees to watch while she carries out her plan. She kills herself after following one of the scenarios presented by Dr. K. Dr. K views the entire incident. Read section 210.5 of the MPC together with appropriate text.
What, if any charges against Dr. K? Fully discuss and analyze all issues.
6. Marvin bought a new car about six months ago. The monthly payments on the vehicle are six hundred dollars. Marvin has just lost his job and is worried about continued monthly payments on the car. He decides to burn the car, which will result in the insurance company paying off the note. He drives the car onto a deserted road, then stops the car and opens the hood. He pours gasoline throughout the area under the hood, closes the hood, leaving about an inch for space and tosses a match on the accelerant. The car begins to burn and Marvin calls the fire department and 911 from his cell phone. Marvin tells police that the fire started spontaneously. The Insurance Company totals the car and pays the loan. Subsequent investigation points to Marvin, and his story comes unraveled.
What, if any charges against Marvin under Section 220.1 of the Model Penal code? Discuss and analyze completely.
7. Read the Model penal code Articles 223, and 241-242 and answer the following. Harrison is an inmate at a State Department of Corrections facility. He works part time in the prison laundry room. One day while in the laundry room he sees a guards uniform. Harrison takes custody of the uniform and changes into it. Harrison leaves the laundry room and walks the prison grounds. He enters the parking area where State vehicles are located. Harrison gets into a State vehicle and drives out of the prison property to freedom. Harrison was serving time for murder. He was wrongfully convicted. After his escape DNA evidence surfaces which conclusively establishes his innocence. Harrison comes forward after news reports of his wrongful conviction surface.
Consider all the issues and discuss what charges Harrison could face based on this scenario, what defenses he might have, and finally, if you were the prosecutor, what charges would you choose to file against him and what sentence should he receive? Discuss and analyze fully.
8. Read about the entrapment defense in Chapter 6 and read Model penal code section 2.13 on page 664. Answer the following: Retail store is concerned about crime on its parking lot---both as to Customers cars and its own equipment and merchandise. The manager of the store approaches the beat officer of City PD who relays managers concern to a detective. Detective suggests the following operation to combat this problem---------Police will sit at a far corner of the parking lot with audio and videotaping equipment. Police will furnish unmarked station wagons and hatchbacks to serve as "bait" Inside these vehicles store manager agrees to place expensive appliances such as TV's and stereos,etc which will be placed in such a way as to be plainly visible from the outside. All the vehicles will be left unlocked and some even with open rear doors or hatches. Over a three week period, police and store officials catch 12 thieves in the parking lot----12 people who went up to these vehicles and took something that didn't belong to them. All 12 are charged with felony stealing.
Assess the viability of the entrapment defense for these defendants assuming that the law is written similar to the model penal code above. Discuss and analyze fully.
The following paragraph pertains to Questions 9 and 10 below.
State X has a Homicide law identical to Sections 210.0-210.5 of the Model Penal Code ( pp 679-681 of 2nd edition text )and an Insanity defense identical to Section 4.01-4.04 ( pp 673 of 2nd edition ) of the Model Penal Code. It has also adopted the uniform determination of death act and it has recently abolished the year and a day rule. Answer the following two questions and discuss all pertinent issues.
9. Suspect is infatuated with a beautiful actress who is an anti-abortion activist. Suspect has been stalking this actress for two years ---attending all rallies that she does---writing her letters---hovering in the area near her home. After hearing actress make a speech denouncing abortion clinics, suspect has an idea that he thinks will impress actress. Suspect plans to stake out the clinic and kill a woman entering the clinic. He thinks this will impress actress enough that she will fall in love with him. Suspect stakes out the clinic with a shotgun. He sets his sights on a 27 year old pregnant woman entering the clinic. She is 7 months pregnant and ineligible for abortion under normal procedures, but she didn't know that when entering. Suspect shoots the woman and flees the scene. Woman is taken to the Hospital where it is discovered that she was pregnant. The fetus is dead, although there is medical evidence suggesting that it could have survived independently from the womb if the mother wouldn't have been shot. Woman is in a coma from the incident and is on life support. She remains on life support for 18 months, when suddenly a relative surfaces with a living will signed by woman. It indicates that woman would not want to use artificial means to preserve her life. Life support measures are terminated and woman dies within two days. Suspect is disappointed to learn that actress is not impressed with his antics. Actress has turned all of Suspect's letters over to law enforcement, and eventually the investigation leads to suspect.
How many counts of Homicide can/should be filed against suspect? What legal problems or issues do you see with these charges? Assess the suspect's likelihood of success if he argues the Insanity defense under State law. What if any flaws and problems do you see with the defense in this case? Discuss and analyze fully.
10. Father is talking with his 12 year old daughter, who confides in him ( on a Monday Evening ) that her School basketball coach has been molesting her. Father is acquainted with Coach on a social basis. Father and Coach have a hunting trip planned for the weekend. During the hunting trip Father confronts Coach about Daughter's allegations. Coach denies the charge, but father shoots and kills coach anyway. Father returns home and says nothing about the incident. After Coach is missing for two more days police interview father who denies knowledge of coach's whereabouts but does mention the hunting trip. Coach's body is found the next day. Daughter hears the furor over Coach's disappearance and death and puts two and two together. She confesses to authorities that she invented the molestation charges against Coach because she really wanted more attention from her father. Father later confesses to police that he shot coach. The hunting trip occurred five days after father's conversation with daughter mentioned in the first sentence. Assess the Homicide case against father.
What charge would you file--Murder or manslaughter? Why? Discuss and fully analyze all issues.