Explain the six traditional elements of robbery

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Assignment:

Answer the following questions:

1. Identify and explain the four elements of an attempt to commit a crime.

2. One day, Cindy notices a drone with a camera attached peering into her bedroom as she undresses. She notifies the police who arrest Jim, the operator of the drone. Prosecutors want to charge Jim with voyeurism. Jim argues that (a) since he didn't step foot on Cindy's land and (b) he didn't know Cindy would be undressing in her bedroom, he can't be guilty of voyeurism.

Can Jim be charged with voyeurism? Why or why not? Explain your reasoning using legal elements.

3. Andrew and his fraternity brother Greg are drunk one night. Andrew thinks it would be funny to shoot Greg in the butt and does so. The bullet enters Greg and nicks a major artery and Greg almost dies. Prosecutors want to charge Andrew with attempted murder.

Is this the appropriate charge for Andrew? Why or why not? Should Andrew be charged with another charge? Explain your answer with legal reasoning.

4. Ethan and Noah are hunting one day in camouflage. On this hunting trip, Ethan plans to kill Noah and make it look like an accident. Ethan takes aim and shoots, only to realize that what he was aiming at was a large rock and not Noah. Prosecutors want to charge with Ethan with attempted homicide. Ethan's defense is that it is not a crime to shoot a rock.

What legal principle is shown here? How likely will it be that this would a successful defense for Ethan? Explain your answer with legal reasoning.

5. Define the felony murder rule. Identify and explain the limitations to the felony murder rule.

6. After a particularly heated argument with his wife Leslie, Patrick decides to kill her. He goes to a gun store, purchases a firearm and waits the two-week mandatory waiting period. After picking up the firearm, he drives to Leslie's house, shoots her and kills her.

Patrick is claiming the 'heat of passion' defense and argues that he should be charged with voluntary manslaughter. Is this defense appropriate for Patrick? Why or why not? Explain your argument with legal reasoning.

7. Megan is a store manager at a small retail store and has had trouble paying rent on her apartment. One night when she was closing the store, Megan opens the store safe with her key and removes $200 from petty cash to pay her rent. Did Megan commit larceny or embezzlement? Explain your reasoning using the legal elements of each.

8. Eric has received five driving under the influence (DUI) convictions. His license is suspended, and he has taken numerous courses and training on the dangers of drunk driving. Even so, he drives home drunk from the bar. Eric crashes into a young mother, killing her. Prosecutors want to charge Eric with second degree murder. You are Eric's defense attorney.

Is this an appropriate charge for Eric? Why or why not? What other charge would you recommend, and why? Explain your answer using legal reasoning.

9. Identify and explain the six traditional elements of robbery. Which elements are the 'actus reas' and which elements are the 'mens rea'?

10. Compare and contrast harassment, stalking and cyberstalking.

11. Compare and contrast assault and battery. Can these offenses happen separately? Define these terms and provide examples of each.

12. Katie is walking past a house for sale. She walks around to the back, sees an open window, and crawls inside. She looks around the house, opens the refrigerator, uses the bathroom, and then leaves through the same window (assume nothing else occurred). The realtor catches Katie coming out of the house and reports her to the police. The prosecutor wants to charge Katie with burglary.

Did Katie commit burglary? Why or why not? Explain your position with legal reasoning. Would Katie be guilty of another crime?

Reference no: EM133314582

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