Reference no: EM13883114

Part A-

1. Intending to kill Missy, Danny takes a shot at her while she is standing in a street. Although Danny is a champion shooter, he surprisingly missed his target. However seconds later a truck hits Missy and kills her. Precede each answer with a YES or NO

A. Is Danny guilty of Murder? Yes or No - Explain Why or Why Not

B. Assume instead that the truck strikes missy first. While she is laying near death in the middle of the street, Danny lives up to his champion reputation and shoots Missy, killing her instantly. It is clear that Missy would have died shortly from the truck injury alone. Is Danny guilty of murder? Yes or No - Explain Why or Why Not

2. While Ursula is standing on the side of a busy highway, Dennis approaches her from behind and stabs her; Ursula pulls away from him, falling onto the highway. Shortly thereafter, a passing car strikes unlucky and she dies from the combined effects of the knife wound and the injuries inflicted by the car. Is Dennis guilty of any form of criminal homicide? Yes or No - Explain Why or Why Not

3. Richard approaches Mark and says, "I'll give you $500 if you'll beat up Fred." Mark is an undercover police officer and arrests Richard. Has Richard committed a criminal offense? Yes or No - Explain Why or Why Not

4. Arnie knows where a large amount of counterfeit money can be purchased and decides to ask Benny to help him pass the bills if he obtains them. Upon disclosure of the scheme to Benny, Benny responds, "What bread for you. You'll make a fortune." On the basis of these facts alone, are Arnie and Benny guilty of criminal conspiracy? Yes or No - Explain Why or Why Not

5. Connie is charged with conspiring with Ron and Sylvia to kill Verna. Ron and Sylvia are acquitted. Can Connie be convicted? Yes or No - Explain Why or Why Not

6. Janice, a married woman, is having an affair with her secretary, Sam. The two agree to spend the night together at the Hilton Hotel. Can they be convicted of criminal conspiracy? Yes or No - Explain Why or Why Not

7. Can Ralph be convicted of murder in the following situations?

A. Ralph intentionally stabs Vicky in the leg. The wound proves fatal and Vicky dies. Yes or No - Explain Why or Why Not

B. Ralph throws a bottle in Vicky's direction, intending to frighten her. The bottle shatters against the wall; a piece of glass strikes Vicky, and she bleeds to death. Yes or No - Explain Why or Why Not

C. Ralph, showing off to friends, pilots his new speedboat through a crowd of swimmers. Going at full speed, he intends only to scatter the swimmers, but one of them is hit by the boat and dies. Yes or No - Explain Why or Why Not

Part B-

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 d not intend to injure anyone.

Part C-

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?