Reference no: EM131305374

MODEL PENAL. CODE section 1.06 Time Limitations.

(1) A prosecution for murder may be commenced at any time.

(2) Except as otherwise provided in this Section, prosecutions for other of-fenses are subject to the following periods of limitation:

(a) a prosecution for a felony of the first degree must be commenced within six years after it is committed;

(b) a prosecution for any other felony must be commenced within three years after it is committed;

(c) a prosecution for a misdemeanor must be commenced within two years after it is committed;

(d) a prosecution for a petty misdemeanor or a violation must be commenced within six months after it is committed.

(3) If the period prescribed in Subsection (2) has expired, a prosecution may nevertheless be commenced for:

(a) any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has legal duty to represent an ag-grieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; and

(b) any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.

(4) An offense is committed either when every element occurs, or, if a legis-lative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is termi-nated. Time starts to run on the day after the offense is committed.

(5) A prosecution is commenced either when an indictment is found [or an information filed] or when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay.

(6) The period of limitation does not run:

Question #1

Please answer the assignment scenario utilizing your knowledge of the criminal law and the Model Penal Code, Section 1.06 (attached under title of Question #1)

Tony and Maria are friends and have known each other since they were six years old. They grew up next door to each other on Elm Street and they attended the same schools. Tony has always been madly in love with Maria but has hid that fact from her since Maria never seemed interested in him and often dated other boys in the neighborhood. Finally, Tony decided he had to make his move on the beautiful Maria, profess his love for her, and ask her to be his girlfriend. On June 1, 2010, Tony went over to Maria's house when he knew her parents weren't home. As was customary and not out of the ordinary, Maria invited Tony into her home and offered him a drink. Maria never felt threatened by Tony and they often chatted openly to each other about all sorts of things.

They were very comfortable with each other. After a couple of drinks, Tony got up the nerve and told Maria he has been in love with her for as long as he could remember and that he wanted to take their relationship to the next level. Maria was stunned and explained to Tony that although she cared deeply for him, she saw him more as a brother, than a lover, and that she wanted things to remain the same. Tony wasn't happy, so he pulled out a loaded firearm and forcibly raped Maria in her own. Maria knew Tony owned an illegal firearm. When Tony left, he threatened her and told her he would kill her if she told anyone about this incident. Maria, mistakenly felt extremely guilty and thought that she had brought this on herself because she was a friend with Tony for so long and she may have given him the wrong signal. She also felt no one would believe her because they were often spotted alone together at local establishments.

One day, Maria finally told her best friend, Christine about the incident and her guilt. Christine convinced Maria that it was not her fault told her that she should report the incident to the police. Maria listened to Christine and reported the incident with the local police on August 1, 2010. As soon as it was reported to the police, they immediately took an incident report, classified the crime as first-degree rape, and commenced an investigation. Unfortunately, they were not able to fully identify or locate Tony until July 31st, 2016. Tony was promptly arrested and booked based on Maria's allegations.

Utilizing your knowledge of the criminal law and the Model Penal Code, Section 1.06.

Question #2

Please read the case of Terry v Ohio, watch the three videos posted on BB, and comment on stop, question, and frisk. Here are some questions/thoughts for your comments (the case and videos attached under title of Question #2):

Is stop, question, and frisk constitutional? Outdated? Should it be revoked? Has it been revoked? Was the teenager's argument that he's being harassed valid, or blown out of proportion? Does the training video validate an officer's concern for the need of a Terry stop? Can/is stop, question, and frisk be implemented without violating someone's rights?

https://www.youtube.com/watch?v=-81_hSfhp3o&feature=youtu.be

https://www.youtube.com/watch?v=0sOK3nsBGOA&feature=youtu.be

https://www.youtube.com/watch?v=zMlt37sVJOs&feature=youtu.be

Attachment:- question_2_terry_v_ohio1.rar