Criminal Law Exam 1 Study

Another term used in class for the phrase "Due Process" is:

"Fundamental Fairness" before the law

Assume that Ralph plans on carrying out the Aggravated Robbery of the Sumptuous Sushi Restaurant. Arms himself and puts on a mask. He walks into the restaurant with his handgun, but an alert waiter named Martin sees Ralph and tackles him. There is a scuffle and Ralph is subdued by Martin and other persons. He is charged with "Attempted Aggravated Robbery." A completed aggravated robbery is a First-Degree Felony. In Ohio, what level of "Felony" will Ralph be charged with?

A Felony 2

All of the underlying elements of a crime must be proven by the prosecutor:

By proof beyond a reasonable doubt

An Ohio statute states that if you are accused of selling ten ounces of cocaine to a buyer then this is a Felony 3. The statutes goes on to say that "If this act takes place within a thousand feet of a school or church then the penalty goes from a Felony 3 to a Felony 1." We refer to the language "Within a thousand feet of a school or church as"..............

"A Necessary Attendant Circumstance"

The rules on self-defense have several very specific requirements. It is possible that a defendant who claims self-defense in a particular case may not have them all. As a result he will not have a successful self-defense claim. However he may have... (Best answer!)

"Imperfect" self-defense which will mitigate or lessen the charge and sentence

The old common law term used to denote "purpose", "intent" or a "depraved heart" in a homicide crime was:

"Malice Aforethought"

Assume that the Burpleson Pharmaceutical Company develops a new headache cure called "Ache Away." After it is released to the market, Burpleson researchers bring a report to the President and CEO of the company showing that the drug is very dangerous to persons over sixty who suffer from high blood pressure. Taking it for headaches can lead to stroke, cardiac arrest and death among persons in that group. The President and the Board of directors order the report suppressed since "The drug is already on the market and we will lose a ton of money in a recall." As a result a number of people die or are injured by taking "Ache Away." The family of one of the victims sues Burpleson Pharmaceuticals for the "wrongful death" of their father. They ask for ten million dollars in damages. The case goes to trial and it is revealed that Burpelson knew about the risks of the drug all along. The jury finds Burpleson liable and awards the family ten million dollars. However the judge intervenes and says - "Because your behavior in covering up the risks of this dangerous drug was so wicked and deplorable and unforgiveable I order you to pay the family an additional FORTY MILLION DOLARS in damages to this family. I don't want any other drug company to act like you." This additional forty million dollars is referred to as........

"Punitive Damages"

An actor who sets a crime "into motion" can be responsible (or/liable) for _________ that occur as a result.

"Reasonably Foreseeable Harms"

Crimes such as mail fraud, forgery, embezzlement and insurance fraud are generally referred to as.....

"White collar crimes"

Technically speaking, what is the proper description of the "type" of government we have here in the United States?

A Federal Republic of States

Which of the following best describes the organization of the government of the United States under the U.S. Constitution?

A Federal Republic of States

Assume that the "Blazing Wheels" outlaw motorcycle club raises money through the sales of illegal drugs. For our purposes it is an "ongoing criminal conspiracy." The statute of limitations for prosecuting a sale of drugs is two years. It is now 2015. Spider, Animal and Clutch have all made drug sales on behalf of the club. Spider has made 15 sales going back to 2005. Animal has made 10 sales going back to 2005. Clutch has made 10 sales going back only six months. How many of these sales can be used as "counts" against each of the three members if they are charged with "Conspiracy to Traffic in Drugs?" (Note the "conspiracy" is still going on because the Blazing Wheels are still in operation.)

35

Assume that Ernst Blofeld is a criminal mastermind. He had many henchmen who carry out his criminal desires. Each of these henchmen report only to Blofeld for their instructions and assignments. Each henchman knows that others work for Blofeld but they do not know who they are or what they do for him. Clearly Blofeld is at the head of a criminal conspiracy. Technically, what kind of conspiracy is this?

A "wheel" conspiracy

Under modern criminal statutes , an individual who helps to plan a crime and expects to share in the proceeds but who is not present at the location/time of the crime is called:

A "Principal"

The legal "burden of proof" that a defendant must "carry" when he/she presents an AFFIRMATIVE DEFENSE to their crime is which of the following:

A Preponderance of the Evidence

"Criminal Attempt" to commit Murder is which of the following "types" of crime? (Best Answer Please)

A Specific Intent Crime

Operating an illegal gambling parlor is considered to be which of the following at common law. (Best answer please!)

A mala prohibita crime and a "victimless crime"

A "strict liability" offense is one that does not require:

A mens rea or culpable mental state

In Ohio and all of the United States, a criminal charge must be first be based on a violation of:

A specific statute passed by the Ohio legislature and signed into law by the executive

As a PRACTICAL MATTTER, the percentage of criminal cases that actually go to trial in the United States (from misdemeanors through major felonies) is:

About 5%

In Ohio, the crime of "Obstructing Justice" is applied to which of the following common-law "parties" to a criminal offense?

Accessory After the Fact

Which of the following does not qualify as a "strict liability" crime?

Aggravated Murder

Ernie carefully plans the intentional murder of Harlow. Ernie "stalks" Harlow over several weeks and learns of his routine and schedule. Ernie purchases a gun and ammunition. One day Ernie confronts Harlow near his home and fires the gun at him intending to kill Harlow. Ernie's shot misses and the bullet ricochets off of an iron railing and kills Mr. Gregory who is walking his dog nearby. What crime will Ernie be charged with concerning the death of Mr. Gregory?

Aggravated Murder under a "Transferred Intent" theory

Tad plans to rob a liquor store. He obtains a gun, walks inside and demands money from Earl, the owner. Earl hands over money from the cash register. Tad is very nervous (this is his first crime) and accidentally fires the gun at Earl, grazing him in the shoulder. A customer walks in and jumps Tad from behind wrestling him to the ground. Tad loses the gun in the fracas and is subdued by the customer and Earl. The police are called and they arrest Tad. A medical unit is also called and the EMT convinces Earl that he should go to the hospital for treatment of his shoulder wound. An ambulance is called and Earl gets inside. On the way to the hospital the ambulance is struck by a small private plane which has crashed to the ground. It transpires that the pilot had a heart attack and died causing the crash. Earl and the EMT are killed. What is Tad guilty of? (Read carefully!)

Aggravated Robbery and Felonious Assault with a Deadly Weapon involving Earl

The "status" of a homicide victim as a child, an elderly person, a pregnant woman, or a mentally handicapped individual might lead to increased penalties over and above those for "regular" victims. Legally, we consider the factors listed above to be _________________ factors.

Aggravating Factors

The Founding Fathers who drafted the Constitution and Bill of Rights included "separation of powers" and "checks and balances" in the document in order to protect citizens from a particular "evil" that they feared. This was:

An "overly powerful central government" that might diminish or crush the rights of citizens.

Assume that Able and Baker have robbed a bank. During their getaway their car breaks down and they go to the home of Charlie. They tell Charlie about the crime and he agrees to help them. He provides new clothes for the pair and rents a car for them to get out of the state. Able and Baker give Charlie 10% of their "haul" in exchange for his help. At common law what is the status of Charlie?

An Accessory After the Fact

At common law, an individual who helped plan a crime (say, a Robbery) and sent others out to actually perform the act while he stayed at home was called:

An Accessory Before the Fact

Assume that Bert and Ernie rob a jewelry store and flee the scene. Outside of town their car breaks down and they walk to the home of Evans, a friend of Bert's. Evans agrees to help them escape for $1,000. He helps fix their car, gives them new clothes and advises them on the best escape routes from the district. What would Evans be referred to at common law concerning Bert and Ernie's crime?

An accessory-after-the-fact

We determine whether or not an individual was justified in using deadly force to defend himself/herself based on which of the following legal standards? (Majority position and the one in Ohio)

An objective standard based on the point of view of a "reasonable third person"

Assume that Stan plans the Murder of Dave with prior calculation and malice aforethought. Stan has for weeks planned to wait for Dave when he comes out of the health club after his regular work out and shoot him in the parking lot. On the appointed day Stan is lying in wait for Dave. As Dave is getting into his car Stan comes up behind him, points the gun at Dave's head and pulls the trigger. The gun jams. Dave drives off completely ignorant of the fact that someone has just tried to kill him. Stan curses and says to himself - "I'll come back tomorrow and try it again." At this point (assuming the police can prove all of these facts) what is Stan guilty of under Ohio law?

Attempted Murder

Justin is convinced that Lionel is seeing his (Justin's) girlfriend behind his back. He obtains a gun, lays in wait for Lionel and with planning and deliberation shoots him intending to kill him. Lionel is hit but does not die. Instead he goes into a coma and his family refuses to "pull the plug." Lionel will live indefinitely. Assuming that the family chooses to keep Lionel alive indefinitely on life support the "most serious crime" that the prosecutor can charge Justin with is:

Attempted Murder

Assume Joe hates his boss, Leon. They both work in a sixty- story office building. Joe lures Leon up to the roof of the building on some pretext. With murderous intent Joe then pushes Leon off of the roof of the building. Leon falls thirty stories. As he passes a window on the twentieth floor a man called Howard is cleaning a gun. The gun accidentally goes off and the bullet flies out of the window. It hits Leon in the head as he falls past. Leon is killed by the gunshot and then hits the pavement. Under these facts what crime has Joe committed? (Assume all facts can be proved.)

Attempted Murder

Assume that Hugo hates his boss, Mr. Dugan. Hugo coolly, deliberately and with malice aforethought purchases a handgun and ammunition and waits for Mr. Dugan in the office parking garage. Hugo leaps in front of Mr. Dugan, points the loaded gun and pulls the trigger. At point blank range he squeezes off three shots. All his shots miss. Hugo is then wrestled to the ground by passersby. Hugo will be charged with which of the following crimes under modern legal principals?

Attempted Murder

the crap work." Frank gets a gun and plans to kill Mr. Davis. Frank confronts Davis in the parking garage one day and yells "I'm going to kill you m__________r! He fires but the bullet only grazes the shoulder of Mr. Davis. Two people come by and wrestle Frank to the ground, the police are called and Frank is arrested. An ambulance is called for the wounded Davis .It arrives and Davis is being transported to the local hospital. On the way there the driver fails to hear the siren of an approaching fire truck and slams into it. Everyone in the ambulance, including Davis, is killed. What is the appropriate crime with which to charge Frank in Ohio concerning the now-dead Davis?

Attempted Murder

Assume that Davis lives next door to Barton. Davis finds out that Barton has been having an affair with his (Davis') wife. He is seething with rage. Davis buys a gun and waits until Barton comes out to sun bathe by his pool. Davis sees Barton sleeping in a lounge chair and leaps over the fence. Davis then puts four shots into Barton's head. Later Davis is arrested and it is discovered that Barton was ALREADY DEAD (from a massive coronary attack) when Davis shot him. What charge, if any, should Davis face and why?

Attempted Murder since everything but the "last step" was taken

Another term for "Due Process" which has been used several times in class is:

Fundamental Fairness before the Law

A defendant who asserts an "Affirmative Defense" must prove their defense to the jury by which of the following standards of proof?

By a Preponderance of the Evidence (rather like "Probable Cause")

The famous case of Regina v. Dudley and Stephens concerned some unusual facts. At the basis of the case was the claim that the defendants had engaged in which of the following acts?

Cannibalism

The ______________ of a crime is said to exist if probable exists to show that there has been a violation of all of the elements of a specific criminal statute

Corpus Delecti

At common law, the only "defense" to a crime of Attempt was:

Complete and voluntary "abandonment" before any substantial acts have been taken

Mona hates her husband. She wants him dead so that she can collect the insurance. She asks around and finds the name of a "professional hit man." They arrange a meeting and she offers the hit man $40,000 to kill her husband with $20,000 down and $20,000 on "delivery." He agrees and carries out the "hit." Mona's husband is killed and she pays the "hit man" the second payment. Later they are both arrested. In OHIOwhich of the following crime will Mona be charged with? (Note - OHIO!)

Complicity in the Commission of Murder

A completed crime requires three basic elements; the act itself (actus reus), a culpable mental state (mens rea) and......

Concurrence of the first two

Four men, Adam, Bob, Charlie and David are all married. They find out that each of their wives in carrying on a romantic affair with Brad Pitt. All four of them get together and decide to kill Mr. Pitt for "ruining their lives" They each buy guns and find out Mr. Pitt's daily routine. They find that he goes early in the morning around the lake in a nearby public park. They carefully plan to ambush Mr. Pitt on the running trail by some bushes and gun him down. The morning for the crime occurs and the four men get into Adam's car at his house and pull out of the driveway. They are one mile from Mr. Pitt's running track. Suddenly David says - "You know we're wrong. We should just get divorces and get on with our lives." All four agree. They drive back into Adam's garage and are about to separate when they are arrested by the police. The Prosecutor wants to "make an example" of these men so that others will not plot the death of beloved film stars. What charge will give the prosecutor THE BEST CHANCE of gaining a conviction?

Conspiracy to Commit Murder

The concept of ______________ imposes varying degrees of criminal liability on a party for the mental state that they possessed at the time of the act.

Culpability

As a general rule which of the following is not available in the defense of "mere property?"

Deadly Force

If an affirmative defense is offered at trial, the party who has the responsibility for "going forward" and introducing evidence concerning the validity of the defense is the,

Defendant

Al, Bernie and Charlie plan the robbery of the Burpleson Finance Company offices. They obtain guns, masks and a plan of the office. On March 1st they go to the finance company and successfully rob it, getting away with $200,000. Later they are captured and charged with crimes involving the robbery. Which of the following is the most exact description of the crimes each will be charged with?

Each will be charged with Conspiracy to Commit Aggravated Robbery AND Aggravated Robbery

Assume that Able, Baker, Charlie and Dave agree to go into the "Drug Business." Able has a connection that will provide cocaine by the kilo that the four of them will then "cut" and sell on the street. Together each of themmakes five sales to "customers" before they are caught by the police. What will their charges be?

Each will be charged with five counts of Trafficking in Narcotics and five counts of Conspiracy to Traffic in Narcotics

Elmo s walking through a park on a sunny day. He hears cries of "Help, Help" and sees a woman being stabbed by a man with a group of people apparently cheering him on. Elmo rushes to the woman's aid and struggles with the attacker. Elmo knocks him down with a blow that breaks the "attackers" jaw and leaves him with substantial facial injuries. Elm then finds out that he has interrupted a group of actors who were rehearsing a play and the "knife" was a harmless prop. Elmo is charged with Felonious Assault in the case of the seriously injured actor. He claims that he has a legitimate "Defense of Others" defense and cannot be found guilty. The "alter ego" rule concerning the defense of others is in effect in this state. Is Elmo right and why or why not?

Elmo is Wrong - The woman did not herself have any "right of self-defense" under these facts and Elmo can therefore not exercise it for her.

Wiley is a real honest-to-gosh professional "hit man." One day he is contacted by Trixie O'Toole, the 24-year old second wife of a very wealthy old businessman. At their subsequent meeting she explains that she is "tired of waiting for the old fart to die" (Mr. O'Toole is eighty.) She wants her husband killed and will pay Wiley $100, 000 to do the job. Wiley agrees to the "contract". Two days later, while Trixie is away at a party establishing her alibi, Wiley breaks into the O'Toole house and pumps several bullets into Mr. O'Toole as he is lying in bed. Wiley then tries to make the scene look like a botched burglary. The police however apprehend Wiley. However it turns out that Mr. O'Toole was already dead when Wiley shot him. Mr. O'Toole succumbed to a massive coronary about three hours before Wiley broke in. Wiley is nevertheless charged with Aggravated Murder. What is Wiley's best defense at trial even though it will probably not work?

Factual Impossibility

Bank robbery is usually a federal crime because,

Federal statutes make it a federal crime to rob a federally-insured financial institution

The system of law and governance that existed in medieval times and was based on the notion that the entire kingdom was "owned" by the king and his circle of noblemen was called:

Feudalism

Assume that Larry has had to use force in self-defense to repel the attack of Herb. Herb has been badly injured as a result. The prosecutor charges Larry with Felonious Assault. Larry makes a Self-Defense argument. He says that he was required to use force in order to protect himself from death or great bodily harm. From what "point of view" will the jury assess whether or not Larry was justified in using force against Herb? (Use the Majority Rule and the one used in Ohio)

From the point of view of "an objectively reasonable third person"

Assume that Gary is getting out of his car at a grocery store when he hears something around a corner. He looks around and sees Logan, a large muscular man, strangling Mrs. Ogilvy, a frail 78-year old widow. Logan is trying to get Mrs. Ogilvy's purse from her but the woman is struggling. She is also passing out. Gary leaps in to help and punches Logan in the face very hard. Logan falls and hits his head on the curb and dies. What crime, if any, will GARY be charged with and why or why not?

Gary will be charged with nothing since Mrs. Ogilvy was facing deadly force, had a right to self-defense, could not act for herself, and Gary could therefore act for her.

The United States obtains it's concepts of criminal law and legal traditions directly from,

Great Britain

Hank owns a farm in a rural county. He has many valuable family items in the farmhouse but has been plagued by burglars. Of necessity he is often out in his fields and local thieves take the opportunity to force open his doors and steal valuable items. The police have been no help. Finally a frustrated Hank rigs up "trap guns" (shotguns) trained on the front door and back door. If anyone opens the door improperly the guns will go off. Jethro, a local thief, decides to burgle Hans home while Hank is away. Jethro goes to the back door and forces it with a screwdriver and hammer. As he enters the gun goes off killing him. Hank is charged with Manslaughter in the death of Jethro. Under modern will he be found "guilty" or "not guilty" and why or why not?

Hank will be Found Guilty - A "trap gun" is a deadly device that can kill. Nobody else is present.. There is no right to use deadly force in defense of "mere" property.

Leo and Frank jointly rob a jewelry store. They are fleeing from town when their car breaks down. They go to the nearby home of Zeke, a kindly and trusting man who was not involved in the robbery. Leo and Frank tell Zeke that they were leaving town in search of work and appeal to Zeke's charity for help. Zeke fixes them up with clothes, money and loans them a second-hand car that he owns. The couple drive away but are eventually caught two states away. Zeke never learns that they are both wanted for Robbery until later told by the police. What is Zeke guilty of under these facts?

He is guilty of nothing

Assume that Mickey runs a dry-cleaning business. It is losing money and he is going broke. He has a large insurance policy on the business and decides to burn it down for the insurance payout. One night he sets fire to the building with rags, dry paper and gasoline. The building goes up in flames. It also spreads to other occupied buildings that result in injury and property loss. What "harms" is Mickey responsible for concerning the spread of the fire and the resulting loss of live, injuries and loss of property?

He is responsible for any harms that are "reasonably foreseeable" as the result of his arson.

Assume that Dugan owns a neighborhood hardware store that has historically done well. However a big box "Home Depot" opens down the street and takes away all of Dugan's business. He is furious about being put out of business by this huge corporation and decides he will burn it down. He stockpiles gasoline, oily rages and propane tanks in his garage. One night he loads this material in his truck and drives to the closed Home Depot store. He has checked the place out and knows that a back door can be easily opened which will lead to the Lumber Department filled with highly inflammable wooden products. He picks the lock and begins moving open gasoline cans, rages and propane tanks (which he will open just before he leaves) into the lumber area. Midway through this task a police cruiser pulls up. The two officers see the open door, investigate and then they arrest Dugan. He never actually sets a fire.

He should be charged with "Attempted Arson" since he was "dangerously close" and had completed all by the last step of the crime.

Franklin is walking home past a wooded area. He hears screams of "Help, Help" and rushes to a small clearing. There he sees a man with a scarf around a woman's neck violently choking her. The man is saying "Die you unfaithful *****." Franklin intercedes and pulls the man off of the woman and wrestles him to the ground. Franklin punches the man very hard which breaks his jaw and knocks him unconscious. Franklin then goes to the woman who looks at him and says - "You Idiot. That was my co-star. We are rehearsing the last act of Othello which our drama club is putting on tomorrow night. We were just acting." Has Franklin committed any crime if so what and why? (The "alter ego" rule is in effect.)

He will be charged with Assault - The woman was in no danger and had no right of self-defense.

Murray (aged 35) meets Mavis in a bar. Mavis is tall, stunning, mature and adult looking. They have a few drinks and go to Brad's room where they have fully consensual sex. In the morning Mavis tells Brad that she is only fourteen. Her high-school I.D. confirms the ghastly fact. Assuming that Brad is charged with a crime what will his best defense (if any) at common law?

He will have none since he has committed a strict liability offense.

Assume that Roger is drunk, runs a red light and drives his car into a vehicle driven by Murray. Murray is injured and his car is totaled. Roger is found guilty of DUI and several other traffic offenses and receives a sixty-day sentence. Murray has suffered $5,000 in medical bills, $2,000 in lost wages from work and the value of his $8,000 car so has a total loss of $15,000 in losses not to mention his "pain and suffering." Murray is glad Roger is going to jail but wants to recoup his financial losses. Traditionally and until very recently what was the only way that Murray could do this?

He would have to sue Roger in civil court in a separate "tortaction"

Assume that Fred, a very unpleasant man, has a number of guns and likes to shoot them in his backyard at night. There are no ordinances or laws that prevent this behavior. On March 1st the city council passes an ordinance that makes the "Discharge of Firearms Within City Limits Illegal and Punishable by Three Days in Jail." Because he is extremely unpleasant Fred is arrested and charged with the crime of discharging firearms before the ordinance was passed. It is the intent of the prosecutor to "teach Fred a lesson." What will be Fred's best defense to these charges?

His prosecution is an unconstitutional application of a law in ex poste facto fashion

Assume that Rick lives in a state that has a "Stand Your Ground" Law (such as that found in Florida.) He is walking down a street when a drunk named Zeke comes staggering out of a bar. He bumps into Rick and falls down. Rick courteously helps him up. Zeke repays this kindness by taking a swing at him with his fist and yells "I'm gonna **** you up you shithead." Rick is a former Golden Gloves boxer and karate champion and is in excellent shape. The street is empty. Zeke takes another swing at him. What should Rick do in this "self-defense" situation on these facts?

Hold where he is and use non-deadly force to repel the attack

Assume that a city is concerned that incidents of "bad temper" are leading to assaults and even homicides. The city council passes an ordinance that says "It will be a crime punishable by up to five days in jail for anyone to appear in public "in a bad mood or in an angry state." This statute is challenged by civil rights advocates as unconstitutional. What is the most likely established constitutional theory that will be used to attack this statute?

It is "Void for Vagueness"

The Model Penal Code is best described by which of the following?

It is a collection of "suggested" or "model" laws compiled by the best legal minds in the country that are consulted and used by states contemplating new criminal legislation.

Jason wants to kill his boss, Mr. Smedley, who is a horrible tyrant. Jason buys a gun and takes shooting lessons to improve his aim. His plan in his mind is to corner his boss in the office parking garage and shoot him from behind a support pillar. Jason does nothing more than this and never shoots his boss although he thinks about it from time to time. Is Jason guilty of a crime and, if so, what is it and why?

Jason is guilty of nothing since he has not gone past "mere preparation"

Assume that Joe hates Steven. Joe plans to kill Steven and carefully follows him to note his habits and schedule. Joe buys a gun and plans to shoot Steven on a crowded subway platform getting away in the confusion. Joe arrives on the platform, sees Steven and prepares to shoot. Joe takes out his gun, takes aim and fires. The shot misses Steven and kills Max, a stranger unknown to Joe. At his trial for murder Joe contends that he can't be guilty of the premeditated murder of Max because all of his (Joe's) plans centered on killing Steven. What is the likely result? (Most Complete Answer Please.)

Joe will be found guilty of both the Attempted Murder against Steven and the Murder of Max on the basis of "transferred intent."

Jules sees two young toughs, Bert and Ernie, beating up frail 80-year old Mrs. Hammerman and trying to steal her purse. Bert and Ernie both have knives. Jules goes to her rescue and fights off the two attackers. During the struggle he knocks Ernie down. Ernie falls on his knife and dies. Can Jules be found guilty of any sort of crime involving Bert and Ernie and why or why not?

Jules has a perfect "defense of others" defense and cannot be liable for Ernie's death.

Prostitution, gambling, drug abuse and most traffic charges are example of what is known as ______________crimes.

Mala Prohibita

Crimes that have traditionally been considered criminal (or "evil") since they strike at the very roots of our ability to maintain society (murder, rape, robbery etc.) are called ______________ offenses.

Mala in Se Offenses

At common law, the "intentional and purposeful doing of a wrongful act without just cause or legal excuse" was also known as:

Malice (or "malice aforethought")

Assume that Milton lives in a home in Ohio with his wife and three small children. One night he hears a noise and takes a handgun from his bureau. He creeps downstairs and sees Rollo (who has broken in) stuffing silverware into a sack. Rollo has switched on a light and Milton clearly sees a sawed-off shotgun under Rollo's arm. Just then Milton's five year old daughter comes down the stairs and says "Daddy what's the matter?" Rollo looks up and sees Milton and his daughter. Milton fires and kills Rollo. What will be the likely legal result and why? (Assume the "Castle Doctrine"is in place.)

Milton can assert a "Defense of Others" to justify his deadly force and be found not guilty.

An offense that is punishable by up to one year in prison or jail and no more is called a:

Misdemeanor

Frazier has been married to Emily for nearly forty years. Emily becomes ill with an incurable disease and is suffering terrible pain. The doctors tell Frazier that she is terminally ill and there is nothing that medical science can due. For weeks Frazier watches Emily suffer. The only times when she is not in pain is when she is "doped up." Finally Frazier can stand it no longer. He intentionally makes a cocktail of various medications and injects her with an overdose. Emily dies. At common law, what crime, if any, would Frazier be charged with? (Note - "At common law")

Murder

For which of the following crimes can the "Necessity Defense" NEVER be used as a defense?

Murder or Criminal Homicide

Wiggins is out on his snowmobile deep in the Upper Peninsula woods. Over fifty miles from his base his snowmobile stops running. Wiggins tries to walk to the nearest settlement through a howling blizzard. He is also being stalked by a hungry wolf pack. Nearly dead with cold, Wiggins comes across a vacation cabin that is closed and locked. He breaks in and uses the firewood, canned food and other supplies he finds to wait out the storm. The owner of the cabin finds out about Wiggin's break-in. He demands that the prosecutor charge Wiggins with Trespass, Burglary and Theft. Wiggins will most likely defend himself based on:

Necessity - The harm to the cabins owner was outweighed by greater potential harm

Assume that Barry is a skilled hunter with an excellent record of firearms safety. He is out hunting deer one fall and sees a buck a short distance away. He takes careful aim. As he does he stumbles over a buried tree branch and the gun goes off. The shot misses the deer and goes into a neighboring clearing. It strikes and kills Bevins, another hunter. On these facts, if Barry is charged with a homicide crime, what would be the most appropriate charge?

Negligent Homicide

Frank is a skilled carpenter with an excellent safety record and a reputation as a sober and conscientious worker. One day he is working on a job involving the building of an office complex. He is on scaffolding about one hundred feet in the air. It is standard safety practice to secure your tool box on high scaffolding to avoid dropping anything on people below. Frank is about to do this when he is distracted by a question from a foreman and simply forgets. Sometime later he accidentally kicks the toolbox off the scaffold and it falls on the head of Jacobs, killing him. If Frank is charged with a crime at common law what would be the most likely charge?

Negligent Homicide

Jasper is walking home one night past the Homewrecker Bar. A man named Adams comes reeling out of the bar clutching a broken beer bottle (a deadly weapon.) Adams walks up to Jasper on the open street and drunkenly accuses him "of having an affair with my wife." He shakes the broken bottle in Jasper's face. Adams then says "You cowardly little twerp. I'm gonna carve your face up for sleeping with my wife." Several other patrons have emerged and are laughing at Jasper. None however are barring Jasper's way and the street is empty. Unbeknownst to them all, Jasper has a knife in his pocket and knows how to use it. He is also a black belt in karate. Adams goes to speak with several of his buddies about forty feet away and then turns and advances on Jasper with the broken bottle in hand. Jasper believes he has a right to "perfect" self-defense in this situation. Is he right and what should he do? (Assume that this takes place in Ohio.)

No - He should turn and walk or run away as fast as he can.

Assume that Rollo is a well-qualified and highly professional "tree surgeon" and is cutting off the diseased limbs of a very large old tree on a residential street in an Ohio town. He has "roped off a large area underneath the tree and is using all required professional care and recommended safeguardsto cut through the limbs and lower them to the ground. Unexpectedly a very high wind suddenly comes up just as Rollo is sawing through a limbabout seventy feet in the air. It causes the limb to suddenly snap off and come down outside of the roped off safety area. It falls on little nine-year old Marigold and kills her. What crime, if any, will Rollo be charged with in Ohio? (Best answer please!)

No crime at all - This was an accident

"Raging Rocco" and "The Beast" are two "Ultimate Cage Fighters." In this sport the fighters have to keep beating on each other until one is vanquished. They meet for the heavyweight championship. During the course of the fight, the Beast breaks three of Rocco's ribs, breaks his nose and damages his shoulder before Rocco finally goes down. Rocco is taken to the hospital with serious injuries but recovers. As it happens Rocco is something of a cry-baby and embarrassed by his bad loss. He wants to file criminal charges against the Beast. What is likely to happen?

Nothing - Rocco gave his implied consent to the beating he received from the Beast.

As a PRACTICAL MATTER of everyday life TODAY- What should a citizen do if he/she is arrested by a police officer for a "crime" that they know is not "on the books" or which does not exist?

Nothing - Submit to the illegal arrest, get released on a writ of habeas corpus and sue the city.

Stan is a man who lives in an ocean side town on the east coast of Florida. One day he walks into the police station and asks to see the detectives. He tells them "I want to confess to the murder of a young woman named Fiona." He explains that Fiona was a homeless person that he met while walking on the beach. Fiona offered to have sex with Stan in exchange for money. Stan gave her the money and she then tried to run off. Enraged, Stan says he chased her, knocked her down and strangled her to death. Realizing what he had done he dragged the body out into the ocean and let it go. Later, on advice from counsel, Stan repudiates his confession. There is no physical or other evidence to tie Stan to this crime other than his confession. The body is never recovered and no young woman named Fiona is listed as missing. There is no proof that she ever existed. At common law, what could Stan be convicted of, if anything based on this out-of-court confession alone?

Nothing at all based on these facts.

Assume that Myron is at home one day. Myron owns an auto repair business. He is very close with his cousin Arnold although they haven't seen each other in a few months. There is a knock on Myron's door and it is Arnold. He looks pale and exhausted. Arnold staggers to a chair and tell Myron that "I have just robbed a finance office (Aggravated Robbery) and I shot one of the employees. She is dead. (Aggravated Murder) The cops know it was me and I have to get out of here." Myron calms down Arnold and gives him something to eat and drink. Myron provides a change of clothes for Arnold and burns the set Arnold was wearing. He tells Arnold, "I have this old Honda Civic I fixed up and was going to sell. It runs great. Take it and get out of town." Arnold takes the keys and drives away toward Pittsburgh where he has friends. Myron wipes down the house to try and conceal fingerprints. Later the police arrive. Myron tells them that Arnold was there but he left on foot. Myron says he doesn't know anything about a robbery but said that Arnold was gong to Des Moines, Iowa where he has friends. LATER MYRON IS ARRESTED BY THE POLICE. Based on these facts what crime will he be charged with in Ohio?

Obstruction of Justice

In Ohio, the punishment for the crime of Attempted Murder is:

One "felony level" less than Murder

A law that prohibits "Any exhibition of human nudity that is accessible to the public" is passed to preserve a sense of "public morality" and protect children. It is aimed at "flashers" who expose themselves in public for sexual gratification. However a museum exhibition called, "The Art of the Nude" featuring paintings by Monet, Matisse, Raphael and other great artists is closed down under this law since it features "human nudity." This law will be found unconstitutional on the basis of:

Overbreadth

Philpott is goes for a drink at the "Roughneck Saloon." At the next table is Smithers who is angry, intoxicated, loud and obnoxious. Philpott politely asks Smithers to quiet down. Smithers responds with a series of unprintable expressions. Philpott decides to leave and exits through side door into an alley. Smithers follows him and begins screaming at him. Philpott finds that he is in a narrow blind alley. The only way out is past Smithers. Smithers draws a large knife and says, "Nobody tells me to shut up. I'm gonna cut your heart out." Smithers then lunges at Philpott swinging his knife. Philpott grabs a broken beer bottle from a trashcan. At this point what can Philpott do concerning his self-defense?

Philpott can use up to and including deadly force in repelling Smithers attack

As a point of anthropology and history, the first formal "criminal codes' developed by ancient societies were probably written and administered by:

Priests and the keepers of the society's religious faith where crime was also a "sin"

Which of the following is a SPECIFIC INTENT CRIME?

Rape, Aggravated Murder, and Arson

Assume that it is Halloween. Howard and Frank get a little drunk and decide it would be fun to make a dummy from old clothes and drop it (at night) from a highway overpass. They make the dummy and put a Halloween mask on it. They take it to an overpass on I-75 and throw it over the railing. Greta is traveling at 65-mph on the expressway. Suddenly a lifelike figure crashes into her front window. She veers to the left and hits a car driven by Pete. The collision knocks Pete's vehicle into a bridge support and he is killed. At common law what would be the most appropriate charges for Howard and Frank concerning Pete's death?

Reckless Homicide

Murray works for the "Trimmer Tree Service Company." He is called to a residential address to remove a large dead tree in the front yard. The job involves cutting the limbs and other sections of the tree off (starting with the top) and lowering them by block and tackle into a truck. It is a time consuming job. Murray has a date that night with his girlfriend and decides to cut corners. Murray has also been drinking and is intoxicated. Rather than carefully lowering tree sections to the truck on rope he simply cuts them off with a chainsaw and drops them to the ground. He does not rope of the area around the tree or post warning signs. Little 8-year old Prunella is walking home from school. She stops by the work site to watch. Murray, unaware of her presence, cuts off a giant limb and carelessly lets it drop. It falls on Prunella killing her. What is the appropriate charge for Murray in this case at common law?

Reckless Homicide

When a citizen "is aware of and consciously disregards a substantial and unjustifiable risk" (that results in harms to other) he is said to act with what level of culpability?

Recklessness

Milton has had his home burglarized six times in a three-month period. He wants to go on vacation but is worried about leaving his property unprotected. He rigs up a series of "trap guns" pointing at the front and back doors and downstairs windows. Anyone illegally entering will pull a trigger and unleash a shotgun blast. While Milton is gone, Rollo does, in fact, burglarize his house. Breaking through the back door Rollo is shot in the shoulder by a shotgun. Neighbors hear the blast and alert the police. Rollo is taken into custody. What will be the full legal consequences of these events to both men? (Best answer please)

Rollo will be charged with Burglary and Milton will be charged with either Assault or Attempted Murder.

Roscoe is drinking club soda at a bar in Ohio. Farquhar (who is drunk) comes up to him and starts to call him names. Roscoe (who is sober) ignores him, pays his check, and leaves. Farquhar follows him outside and yells "I'm gonna cut your f_______g heart out." He then draws a knife and advances unsteadily on Roscoe. Roscoe is standing on the sidewalk about thirty feet from Farquhar. The night is clear and the street is open and vacant for blocks. Nevertheless Roscoe waits for Farquhar's attack. Roscoe is confident of "being able to take this drunk" because he (Roscoe) is a former hand-to-hand combat instructor in Army Special Forces. They grapple and in the struggle for the knife it is turned against Farquhar and he is killed. Roscoe is tried for homicide. What will be the likely result of Roscoe's defense argument at trial? (Think carefully)

Roscoe will be found guilty of a homicide crime since he did not retreat.

The "Castle Doctrine" is a legal principal that might be raised in situations that involve the following:

Self-Defense

Mrs. Quimby is an eighty-year old woman and retired schoolteacher. She likes to go to the local public park and feed the ducks. She is sitting at her usual bench feeding the birds when Brewster approaches her and grabs her purse. He runs away. Mrs. Quimby stands up and unstraps the .38 caliber snub nose revolver that she keeps on her ankle. She puts four shots in Brewster's back which kill him. She reclaims her purse. The police arrive and she tells her story. What will be the legal consequences for Mrs. Quimby?

She will be charged with Murder, Manslaughter or some other form of criminal homicide

Assume that 22-year old Alicia is married to the wealthy 75-year old Bernard. Alicia married Bernard for his money and can't wait for the old coot to kick the bucket. One day she finds a copy of "Mercenary Monthly" which advertises services that "Will remove your problems for you quick and easy." It is an advertisement for "hit-men." She calls one of the numbers and speaks with Leon. They meet and Alicia says that she will pay Leon $80,000 (half down and half on completion) if he will kill Bernard and "make it look like an accident." Leon agrees and they meet again where Alicia gives him the first payment. Leon reveals that he is an undercover federal agent posing as a "hit-man." What specific crime, if any, will Alicia be charged with if this takes place at common law?

Solicitation to Commit Murder

Assume that Bella hates her husband and hires a "hit- man" to kill him. She gives the "hitter" ten thousand dollars. The hit man lies in wait for Bella's husband on a public street and jumps in front of him. The hit man fires five bullets at the husband at point-blank range and all miss. Passersby wrestle the hit-man to the ground and he is arrested. What crime, if any, can Bella be charged with in all this at common law? (Best answer please!)

Solicitation to Commit Murder

Stan is a 32-year old stockbroker. While on vacation he is sunning himself on the beach. He hears a shout and sees Vickie frantically thrashing out in deep water obviously in trouble. Stan is a former collegiate swimming champion with a working knowledge of life-saving techniques. He stands on the beach and casually watches while Vickie drowns a short distance away. When asked why he didn't try to save her he says "I didn't want my sun block to wash off." Traditionally, at common law, is Stan guilty of a crime and, if so, which?

Stan is guilty of nothing. He was under no "duty to act".

Under our system of criminal and civil law, the role of the "Appellate Process" is critical. When a "higher" court makes a ruling on a particular issue then that ruling is binding (must be followed) by all lower courts directly beneath it. This principle of law is called_______________

Stare Decisis.

Corporations that unintentionally pollute streams and watercourses are generally found guilty of environmental offenses no matter how careful they have been because these offenses are,

Strict Liability Crimes

This class - "Criminal Law" - is concerned with which of the following?

Substantive Law

That part of traditional Western law that creates and defines fundamental rights and duties and which is the basis of this class is called.....

Substantive law

Assume that Bart attacks Max and wounds him severely. Max faces large hospital bills as a result as well as losing pay at his job and other expenses. At common law what could Max do to recover his personal expenses resulting from Bart's infliction of injuries.?

Sue Bart in civil court for the "tort" of Assault and seek monetary damages

Stare Decisis refers to which of the following legal principals?

That the decisions of an appellate judge are binding on all courts below

The oldest and possibly the very first "criminal code" that archeologists have found in writing goes back to the ancient Middle East and is called:

The Code of Ur-Nammu.

The religious or spiritual principal used by Henry II to spread out and to enforce the concept of a criminal law administered by a central government authority across the length and breadth of Great Britain was called,

The King's Peace

This of the following best describes the legal status of the "Model Penal Code?"

The MPC is a series of "model statutes" that describe the "most advanced thinking" from leading lawyers, scholars and practitioners in the ALI concerning emerging issues in the criminal law.

There is a theory that some laws are so fundamental to human beings that they will exist whenever people come together and use reason to determine their relations with each other. Such laws underlie virtually every legal code in the world and are part of the "human condition." This is known as the theory of:

The Natural Law

The most important factor (over the centuries) in the development of the common law of Great Britain and the U.S.) has been which of the following

The collected decisions and opinions of appellate courts

The first thing that prosecutors must establish before they can begin the prosecution of a crime is,

The corpus delecti and evidence that a violation of a criminal statute has occurred

The jurisdiction with responsibility for prosecuting about five percent of all criminal cases is/are:

The federal government

Quite technically and legally, the "plaintiff" in any criminal proceeding is which of the following?

The public or the "People" (or "The State")

The prosecution and disposition of nearly all criminal offenses is overwhelmingly (about 95%) the responsibility of which of the following levels of governmental jurisdiction?

The states

The JHS Company makes industrial solvents and other chemicals at a large factory near a federally-protected marshland. The JHS Company has invested heavily in new equipment to prevent chemical spills and pollution. Everything in the factory is modern and state-of-the-artand all JHS executives are fully committed to environmental safety. One day a state-of-the-art intake valve fails and several thousand gallons of industrial waste are released from the plant into the marshland. The Environmental Protection Agency cites the executive at JHS for damages to the marshland and asses the company a $10,000,000 fine. The JHS Company and its manager protest that this is unfair because they did not intend for the pollution to happen and have taken every step possible to prevent spills. Are they right and why or why not?

They are Wrong - This is a strict liability crime and no mens rea is required for guilt

The players in a college or professional football games regularly commit acts on each other that, in other contexts, the law would consider to be violent assault-and-battery. However hardly any players are ever charged with a crime involving violence on the field because _________.

They have given implied consent to the activity by the very nature of playing the sport

Assume that Les and Mary have been happily married for over fifty years in Cleveland, Ohio. Both are in their early eighties. Mary has come down with inoperable cancer of the stomach and is also suffering from dementia. Doctors can do little for her. She is in agonizing pain and in and out of lucidity. Her condition is tearing Les up emotionally and Mary has told him that she "wants to die." One day Les mixes up a lethal dose of tranquilizers, sedatives and alcohol. He has her drink it and she passes out. He then smothers her with a pillow. Finally he calls the police. The police arrive and Les is charged with a crime. Technically speaking both today and at common law, what will that crime be? (Best answer please.)

This is a Murder committed with Intent

If a person breaks a criminal law then this is a "crime." If one private person injures another private person and the victim sues the wrongdoer in civil court for "damages" then this is called a:

Tort

By far the most common type of "strict liability" crimes and one that happens every day is/are

Traffic and Driving Offenses

The minimum number of persons needed to form a criminal conspiracy is,

Two

Traditionally, if someone was accused of a "Depraved Heart Murder", then this would have been a killing accompanied by:

Unjustified and Extreme "Recklessness"

Charlie owns "Charlie's Good Time Bar." He likes to treat his customers very well and they have made his business very profitable. Charlie's chief bartender is Ben. One night Ben comes to Charlie and says "I've got a customer who is really drunk already and wants me to continue to serve him." State law prohibits a bar from "over serving" customers and bar owners and employees can be held liable for any harms that occur if they continue to serve someone who is already obviously intoxicated. Charlie sees that the customer is Leo, one of his regulars. Charlie tells Ben, "Leo is one of our best customers. I order you to keep serving him all that he wants." Ben does so and Leo really becomes hammered. Leo eventually leaves (extremely drunk) and drives his car through a red light striking another vehicle. Two people are killed. Leo has a BA rating of 3.66 when he is arrested. Later Charlieis indicted for Manslaughter as a result of Leo's drunk driving and the resulting deaths. Charlie claims he had nothing to do with this since he did not personally serve Leo and was certainly not driving the car that caused the deaths. ON WHAT THEORY WILL CHARLIE BE INDICTED AND BE FOUND GUILTY for Manslaughter concerning these two deaths.

Vicarious Liability

Morton is the owner-operator of the "Happy Times" Bar. He likes to show his customers a "good time" and is known for pouring a "heavy shot." One night Delbert comes in and has five quick shots of Jack Daniels in succession. He is visibly and obviously drunk but Morton continues to serve him. After fifteen more drinks Delbert staggers out of the bar completely wasted. He gets into his car and drives off. He falls asleep and drives through a red light and hits a car driven by Karen. She is killed. Delbert is charged with Aggravated Vehicular Homicide. Morton is also charged as a co-defendant despite never being in the car. Under what theory can Morton be linked to this crime?

Vicarious Liability

If an individual "attempts" a felony crime but does not succeed in carrying it through, he/she will usually be charged in which of the following ways:

With a charge that is "one felony degree" least than the object crime.

Roscoe is a member of the Street Dragons street gang. He is six-feet-four and weights over 250 pounds. Roscoe is a "psycho" who likes to swagger and walk and talk like a gang banger. He has a "favorite seat" at the local diner where he likes to sit and intimidate other people. One day he goes to the diner and finds Mrs. Flossman, a 72-year old lady, sitting at his "normal" booth. He tells her "Hey Old Lady. That seat is mine. Go to some other table if you know what is good for you." Mrs. Flossman continues to eat her lunch. Roscoe then pulls up his shirt and pulls a handgun from the waistband of his trousers. He points it at the elderly woman and says "Nobody ****s with me. I'm going to kill you old lady." She is at the last booth and there is nowhere to run. As it turns out Mrs. Flossman is a 15-year Marine Corps veteran, retired state police trooper, karate black belt and expert instructor in hand-to-hand combat. She has remained in excellent shape and teaches karate and self-defense at local senior centers. She knocks Roscoe's gun from his hand and punches him in the throat. He staggers back and then comes after Mrs. Flossman, puts his hands around her neck and tries to strangle her. She knees him in the testicles and kicks him in the face. Roscoe staggers backward and hits his head on the counter. He dies. Does Mrs. Flossman have a defense to any homicide charge that might be brought against her? (Best Answer Please)

Yes - Mrs. Flossman has "perfect" Self-Defense in this case.

Assume that Mrs. Perkins is walking through a public park in Toledo, Ohio. .She is a small, arthritic and frail widow in her early eighties who supports herself with a cane. Suddenly she is confronted by Palmer, a muscular giant of a man who is over 6'5" tall who weighs over 300 pounds. He is intoxicated and demands her purse. He says that "I'm going to break every bone in your old body if you don't do what I say." He is visibly carrying a knife in a sheath and also has large, muscular hands. However Mrs. Perkins' is "packing" a .38 caliber automatic handgun and has a licensed "concealed carry" permit. Palmer lunges at her and grabs her neck, obviously trying to break it. Mrs. Perkins pulls out her handgun and shoots Palmer through the chest. He dies. Mrs. Palmer is arrested for Murder. Assuming that the handgun is a "legal" weapon, does Mrs. Perkins have a self-defense claim in Ohio and why or why not? (Best answer please!)

Yes - Mrs. Perkins reasonably believed that she was in "imminent danger" of death, reasonably believed that she was in danger of great bodily harm and entitled to use deadly force.

Assume that Philpott is drinking at a bar. A man named Smithers is drunk and decides to attack Philpott. Smithers pulls out a knife and rushes at Philpott. Philpott, a Marine veteran, knocks the knife from his grasp and trips Smithers with a leg sweep. Smithers goes down hard and bangs his head on the concrete. He lays there moaning and unconscious. The way out of the bar is now clear. However, Philpott's blood is up at this point however and he kicks Smithers viciously in the head and body several times (with a steel-toed work boot) before walking away. Will there be any legal consequences to Philpott for this action and why or why not? (Best answer please.)

Yes - Philpott will be charged with Assault at this point since his own right to self-defense has already ended.

Assume that Warren is a wide receiver with the Detroit Lions football team who are playing the Miami Dolphins. The quarterback calls a pass play to Warren. The ball is thrown and Warren catches it and begins to run. After a fifteen-yard gain Warren is suddenly he is tackled by the free safety, Morton. The hit is unexpected and hard but clean. Warren leaps this feet and runs to a police officer demanding that he arrest Morton for Assault. If by some freak chance he is prosecuted, will Morton have an affirmative defense and if so - what?

Yes - The Defense of "Implied" Consent