JURI 540 Quiz 3 Homicide and Sexual Offenses
- Patrick has had a history of epileptic seizures over the last five years. Each seizure comes upon him without warning. One day, Patrick decided to attend an afternoon movie in town. As he was driving to the theater, he had a seizure. He lost control of the car and struck SpongeBob who was lawfully crossing the street. SpongeTodd died on his way to the hospital as a result of his injuries. Patrick is charged with involuntary manslaughter. He will likely be found:
- In a jurisdiction where the statutory definition of first-degree murder includes any deliberate or premeditated murder or one occurring during the commission of a robbery, two drifters exchange insults at a deserted freight yard and get into a fistfight. After an exchange of blows in which one is badly beaten, the loser pulls a knife from his pocket and kills the other. The survivor examines the victim, removes all identifying documents from his wallet, replaces the wallet, and leaves. Assuming that the homicide is murder, is the killer guilty of first- degree murder if he did not deliberate or premeditate?
- Kim Jong lived off of a very busy road near downtown Philadelphia. One night when he was very angry at hearing the constant noise of traffic outside the house, Jong took one of his 12 gauge shotguns, loaded it, and fired a bullet through his front door. Unknown to him, at the time he fired the shotgun, someone was driving by the house. The bullet went through the front door, through the window of the car, and killed the driver. Jong was convicted of murder and appeals his conviction. He contends that there was insufficient evidence to support a finding of murder. The court of appeals should rule that the evidence is:
- Assume that Lance and Jacques are racing 500 miles through the Moroccan desert on bicycles. The winner of this Tour de Sand, sponsored by the French Government, will bring home 1 million Euros. Each rider must carry his own water and fill up at every oasis he passes-and there aren’t many. Although Lance doesn’t know it, the French government has informed Jacques that it would be very happy if Lance never emerged from the desert. Lance and Jacques have been racing neck and neck, but Lance is finally feeling his age. Around 4:00p.m. he realizes that he has a torn muscle and will have to quit for the day. If he’s careful with his water, it will last him until he gets to the next oasis. Jacques also stops and informs Lance that by tomorrow evening he will be dead. Jacques tells Lance that he is going to ride on to the next oasis, fill his canteen, and then poison the oasis with arsenic.
- In which of the following situations is defendant most likely to be guilty of common law murder:
- The statute provides: “Rape is sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following conditions: (1) when the sex is obtained by using force or the threat of force; or (2) when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug, or other substance.” Charlie and Debbie went to a bar. Both drank heavily, and Debbie began to stumble and slur her words. Charlie asked Debbie if she wanted to go home with him, and Debbie nodded her head yes. At Charlie’s home, Charlie began to fondle Debbie. Debbie was too drunk to fight back, or even to make a sound decision about whether or not she wanted to have sex with Charlie. Charlie removed Debbie’s clothes and had sexual intercourse with her. Under the MPC, did Charlie commit rape?
- Goetz went to a party where he met up with Able, Charlie, and Charlie’s girlfriend Rosie. All four were drinking. Around midnight, Able and Charlie both fell asleep. Goetz thought to himself, “Rosie’s really drunk – this might be my best chance ever to have sex with her!” Goetz asked Rosie if she wanted to go outside and sit in his car, and Rosie said, “OK.” Inside the car, Goetz reached over and gently touched Rosie’s arm. Rosie was very drunk, and she couldn’t think straight. Goetz pulled Rosie close to him and began to kiss her. Rosie was so drunk that she couldn’t form the will to resist, nor could she bring herself to do or say anything. Goetz removed Rosie’s clothes and had sex with her. Rosie never said “No,” nor did she ever try to stop Goetz. Is Goetz guilty of rape by intoxication?
- Statutes in the jurisdiction define criminal assault as “an attempt to commit a criminal battery” and criminal battery as “causing an offensive touching.”
As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face with his hand. Margaret, fearful of being struck by Edward, pushed Edward away. If charged with criminal battery, Margaret should be found
- Which of the following situations would Sam Arias be LEAST likely to be found guilty of common law murder?
- Sandy Cheeks’ husband, Patrick, was hospitalized with a terminal disease. Patrick’s condition had deteriorated to the point where a life support machine was the main reason that Patrick was still alive. Patrick informed Sandy that he was in a great deal of pain and asked her to please unplug the life-support system. When Sandy thought no one was looking, she unplugged Patrick from the life-support system and Patrick dies shortly thereafter. Of which crime is Sandy Cheeks guilty?