Criminal Law 2200

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

"Fundamental Fairness" before the law

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 $20,000 to kill her husband with $10,000 down and $10,000 on "delivery." He agrees and asks for the first payment. Mona hands it over and the "hit man" reveals himself as an undercover police officer. Mona is arrested. What will she be charged with?

Solicitation to commit Murder

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"

In order to have a criminal conspiracy, the minimum number of participants is:

2

Assume that a defendant wants to enter an "affirmative defense" to a particular crime under modern law. The defendant will have the burden of introducing introduce evidence at trial and on the record in order to prove his defense. What is the legally required level of proof that the defendant must meet in his presentation of evidence to "prove" his affirmative defense?

A preponderance of the evidence

Assume that a defendant wants to enter an "affirmative defense" to a particular crime under modern law. The defendant will have to put evidence on the record in order to prove his defense. What is the legally required level of proof that the defendant must meet in his presentation of evidence to "prove" his affirmative defense?

A preponderance of the evidence

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

Assume that a modern criminal prosecutor (in Ohio for example) wants to prosecute someone for a possible crime. The very first thing that must be present before a prosecution can take place is:

A statute that criminalizes the behavior in question and makes it a crime

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

In order to successfully establish an insanity defense, the defendant must show that he/she was, in fact, insane at which of the following times?

At the time the crime took place

Daniel Sickles was a colorful 19th Century figure who was a U.S. Congressman and a noted Union general during the American Civil War. He is also the first defendant in U.S. history to do which of the following?

Be acquitted of murder due to "temporary insanity"

At common law, why was it often legally necessary for a woman to show that she had suffered severe injuries resulting from the attack to successfully press a charge of Rape against a defendant?

Because it was "objective proof" that she had not "consented" to the attack.

A "Burglary" is COMPLETE whenever the intruder does which of the following? (Best Answer)

Breaks into the curtilage of a dwelling with the intent to commit a felony or other crime inside

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 all the elements of a crime are "present" at one time.

Corpus Delecti

Chuck is a Marine combat instructor and inter-service karate expert who is on leave in Cleveland, Ohio. He goes to a bar and has several non-alcoholic beverages. He is leaving the bar and is at the door when Adams calls out to him from inside. Adams, who doesn't like servicemen, is drunk. He yells at Chuck, "You SOB - Who do you think you are? You think you're better than me? I can take you with one hand tied behind me!" Adams picks up a broken beer bottle and advances on Chuck unsteadily from about forty feet away. The night is clear and there is nobody on the street. Chuck knows that he can take Adams apart and may have a viable self-defense claim. What advice would you give to Chuck concerning his "self-defense" at this point?

Chuck should leave the bar and walk away from Adams

Under modern statutes, if a person is found to be "Not Guilty by Reason of Insanity" following trial, the probable immediate result to the defendant will be,

Commitment for a specified time by the court to a psychiatric facility for evaluation

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

Dagwood comes home one night and finds his wife Blondie is not there. He receives a telephone call from Max Cady, a well-known criminal with a history of violence. Max tells Dagwood that Blondie is being held hostage in Cady's hideout. Cady will kill her unless Dagwood steals $500,000 from the office safe of his boss, Mr. Dithers, the next day. Dagwood agrees. The next day Dagwood steals the money and takes it to the address specified by Max. Blondie is released unharmed. Max takes the money and leaves town. At his trial for Grand Theft what defense can Dagwood assert?

Duress

Which of the following defenses cannot be used as a defense to a criminal homicide such as Murder?

Duress

One of the traditional tests of insanity states that "the actions of the accused were the "product of mental disease or defect." This is known more familiarly as the _____________.

Durham Rule

Bank robbery is usually a federal crime because,

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

The Ohio Revised Code (Chapter 2907) has a number of offenses dealing with what are commonly called "sex crimes." These require specific forms of sexual activity for a defendant to be charged with a certain crime. If a male offender is charged with a crime involving "sexual contact" then this means:

Fondling, rubbing or stroking the erogenous zones of the victim while her/his clothes are still on without any attempt at penile penetration.

Another term used to describe the phrase "Due Process" in our system of law is:

Fundamental Fairness at Law

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

Great Britain

Assume that Luke is a security supervisor in the Marysville State Prison for Women. He wants to have sex with Lara, a prisoner, but she refuses him. Finally Luke tells her that he can get her enrolled in an early release program and sent to a community halfway house so that she can be near her children. Lara then gives her consent to have sex with Luke. They have relations and Luke keeps his word and Lara sent to the halfway house. In Ohio, what is the most appropriate crime with which to charge Luke if any?

He can be charged with Sexual Battery (ORC 2907.03)

Today, deaths that take place as the direct result of committing a minor traffic offense (misdemeanors) are prosecuted in Ohio as Aggravated Vehicular Homicide or Vehicular Homicide. Before these statutes were developed, the person who caused deaths resulting from an illegal turn, speeding, running a red light or weaving across lanes would have been charged with______________.

Involuntary Manslaughter

Assume it is the year 1500 A.D. somewhere in England. Robert is a drunken and vicious man who regularly abuses his wife Bella. Assume Bella is four months pregnant. One day Gordon comes home drunk and beats Bella to death for no particular reason. Everyone in town knew that Bella was pregnant. What crime or crimes should Gordon be charged with? (Think carefully!)

Just one count of Murder (concerning Bella) only

The English King who is most responsible for establishing the basis of "modern" criminal law for Great Britain (in the 12th Century) and later America was:

King Henry II

Today we have many "theft" offenses on the books that deal with a large category of offenses. During the early formation of the common law the only form of "Theft" law was called:

Larceny

Both the medical profession and the legal profession regard "Insanity" as a ___________ term.

Legal

For the purposes of the law and as a criminal defense, "insanity" is a ________term.

Legal

A crime that is 'evil in itself" and which has been considered historically evil and completely intolerable by the common law and in most world cultures is:

Mala In Se

At common law the specific crime of _____________ referred to an attack whereby the assailant intentionally disfigured, maimed or slashed the victim with the intent of causing a permanent and probably visible injury, such as intentionally slicing off an ear.

Mayhem

It is the 15th Century. (The 1400's.) Peter and Heloise are lovers that come from different families. The two families hate each other and have been feuding for generations - However Peter and Heloise have found love. They have found so much love that Heloise becomes pregnant. Her family is outraged that "the honor" of their kinswoman would be compromised in this way. Three members of the family of Heloise - Martin, Adam and Benedict - seek out Peter and seize him. They take him a short distance and intentionally castrate him as punishment for defiling their sister. Peter receives immediate treatment and lives. He is however, wounded for life. Under the common law Martin, Adam and Benedict would be charged with:

Mayhem

The existence of a mental defect or disease can act to negate the _____ element of a crime.

Mens Rea

Assume that Bob and Beth Brompton (both 80) have been married for over fifty years and love each other deeply. Beth comes down with inoperable colon cancer and is also suffering from increasing bouts of dementia. She is in agonizing pain, confused and has wasted away to less than ninety pounds. Bob has had to watch this happen day after day. In a moment of lucidity Beth asks Bob to "release her" from her agony. Bob fills s syringe with a fatal overdose of pain medication and injects her. He also holds a pillow over her head until she stops breathing. She dies peacefully. He then notifies the police. Under Ohio Law what crime will the prosecutor have to charge Bob with?

Murder

If a suspect is found to be "Incompetent to Stand Trial" and never ever gains "competence" it means that he/she will probably,

Never go to trial ever and be committed to a mental health institution

As a PRACTICAL MATTTER 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.

Shelia has a five-year old son named Jared. She allows her boyfriend Jake to move in with them. Jake is a drunken bully who proceeds to physically abuse Jared. Shelia does nothing about the abuse directed at her son. One night Jake comes home especially drunk. He proceeds to beat Shelia nearly senseless breaking her nose and fracturing several ribs. He is then about to beat on Jared when the police arrive. Neighbors have called the police and they arrest Jake. At the hospital a pediatric specialist tells detectives that Jared has suffered long-term abuse and has many injuries consistent with being beaten by a man of Jakes size and strength. What, if anything, can Shelia be charged with under the ORC?

Permitting Child Abuse

The law of "Property Crimes" is almost totally concerned with which of the following types of "property?"

Personal Property , "Tangibles" and (increasingly" Intangible Property

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"

Under the law of Property Crimes, the term "Uttering" refers to which of the following?

Putting or attempting to put a forged document or financial instrument in the stream of commerce and seeking to obtain money or goods for it.

If a defendant causes death or serious bodily injury to another by "ignoring a serious risk that any reasonable person would know is dangerous" this we could say that the defendant was acting ______________.

Recklessly or "With a Depraved Heart"

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

If we say that a judicial opinion is stare decisis, then we actually mean which of the following?

That it is binding on all lower courts beneath the court rendering the opinion

Which of the following is not a form of "sexual conduct" under the Ohio Revised Code?

Rubbing the buttocks or breasts of another through their clothing for purpose of obtaining sexual arousal

Assume that Leonard is a 26-year old teacher in a local high school. He is gay and strongly attracted to his student, 17-year old Brian. Leonard invites Brian to his home and tells him that he is an exceptional student and other flattering remarks. After an hour of verbal coaxing Brian consents to anal intercourse and fellatio with Leonard. Is Leonard guilty of any crime in Ohio and, if so, what? (Best Answer Please)

Sexual Battery

Three years ago, Mayor Bob Filner of San Diego resigned from office (true story) after it was revealed that he was in the habit of grabbing the breasts and buttocks of his female employees and often rubbing up against them in order to gain a sexual "thrill." He never attempted intercourse or penetration but "grabbed" at the erogenous zones of these women and fondled them while they were fully clothed. He was charged under the California Code for several crimes involving this unwanted activity. If Mr. Filner had been charged with offenses in Ohio then the appropriate charge(s) would have been:

Sexual Imposition (ORC 2907.06)

Which of the following is an example of a crime that is normally called a "strict liability" offense?

Speeding and/or Running a Red Light

Stewie is a 1-year old criminal genius. One day, with considerable malice and premeditation, he pulls out a gun and cold-bloodedly murders his mother, father, brother, sister and the extremely annoying family dog. What will happen to Stewie under both common law and the law of Ohio?

Stewie will be charged with nothing though he may be ordered to receive psychiatric treatment

Jarvis is a running back with an NFL professional football team. During a game Jarvis is carrying the ball when he is hit hard in the open field by Ward, an opposing linebacker. The hit is "clean" and there is no penalty on the tackle. However Jarvis suffers a knee injury which knocks him out for the rest of the season. He believes that Ward intentionally wanted to injure him. Jarvis goes to the prosecutor and demands that Ward be charged with a crime. What should the prosecutor do? (Assume these facts occur in Ohio)

Tell Jarvis that he is out of luck because he implicitly consented to the "hit."

There is a conceptualization of the law that state that some rules and principals are so basic to human nature that they exist independently of any body of "official" law created by a society. These laws exist and can be discovered by human beings solely through the use of their own intelligence. This is referred to as:

The "natural law"

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 principal used by King Henry II of England 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

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

The "common law" is composed of statutes, traditions and customs that date back hundreds of years. Arguably, the most important element in the common law and the element that "fleshes it out" so that it expands to meet new situations and developments is/are:

The appellate opinions written by judges

Assume that Larry has been accused of the Aggravated Murder of Leon. Larry's defense lawyer attempts to interpose an "insanity" defense based on Larry's low-IQ (of about 70), Larry's history of physical abuse at the hands of his parents and the effects or an old head injury. The jury finds as a matter of law that Larry was "sane" when the crime took place although of diminished capacity. As a practical matter, how will Larry's mental condition affect his charges and sentencing?

The charges will probably be reduced to Murder and he will receive a somewhat reduced sentence.

United States v. Russell is an important U.S. Supreme Court decision that deals with which of the following issues?

The defense of "Entrapment"

Assume that Dr. Billings is walking down the street. At a nearby intersection a bad traffic action takes place. The drivers of the two cars involved, Bert and Ernie, are badly hurt. Dr. Billings is a skilled surgeon with extensive Emergency Room experience. He has his medical bag with him. Nevertheless he keeps walking because he "does not want to be involved." Bert and Ernie die due to the lack of immediate medical treatment. At common law, could Dr. Billings be charged with any sort of crime and, if so, which one?

The doctor could not be charged with anything

In a jury trial where the defendant interposes an insanity defense, the question of whether the defendant was actually "insane" at the time of the crime will ultimately be determined by:

The jury as the "fact finders" of a trial

Assume that the following takes place in Ohio - Stanley is married to Blanche. Stanley is a mean and vicious alcoholic who regularly beats and abuses Blanche. She put up with this for over ten years. Since Stanley is frequently passed out she could leave him at any time but she is afraid that "he will come after me and kill me." Once night Stanley savagely beats Blanche and passes out in their bed. Blanche douses the bed with gasoline and sets it on fire. She then drives off. Stanley is killed. At her trial for Murder, Blanche's lawyer introduces evidence of her extensive history as a "Battered Women. Is this a perfect defense and, if not, what would have to happen to make it "perfect."

The jury would have to believe that the repeated abuse had rendered Blanche "insane" when she burned Stanley to death or that Stanley was awake and she acted in "self-defense."

"Aggravated Assault" (ORC 2903.12) is the "assault equivalent" of which of the following Ohio homicide crimes involving "heat of passion"?

Voluntary Manslaughter

Both Legally and Technically, the "PLAINTIFF" in any CRIMINAL PROCEEDING is which of the following?

The public or the "people"

Approximately 95% of all crimes in the United States are prosecuted under the law of which of the following?

The states

Julie live next door to Cassandra in Toledo, Ohio. One day Cassandra invites Julie over for coffee-and-muffins and conversation. They are drinking coffee in the dining room when a phone call comes in for Cassandra. It involves her job and she has to go upstairs to get some papers. While alone in the dining room Julie goes to a closet where she knows Cassandra keeps her jewelry. Julies finds Cassandra's jewel case and pockets a ring worth $2,500. Julie goes back to the table and Cassandra later reappears. Julie finishes her coffee and leaves with the ring. On these facts Julie has committed the crime of:

Theft

Thurlow is suffering from severe mental illness. He honestly believes that his neighbor is one of the Crab Men of Venus and is the advance agent of an alien race intent on enslaving mankind. One day he goes to his neighbors' home and calmly and deliberately shoots him. Thurlow is arrested and, for our purposes, meets all of the tests of insanity and he is insane when he goes to court. What will probably happen when Thurlow is indicted for Murder and goes to his first court appearance? (Assume this happens under modern statutes in Ohio.)

Thurlow will be found incompetent to stand trial and committed to a mental health facility until (if at all) he gains competence.

The "highest" and most important "interest" that a person can have in personal property is when they have......

Title

The "Founding Fathers" who devised the U.S. Constitution included separation of powers and a "Bill of Rights" in order to accomplish which of the following?

To prevent the creation of an "overly powerful" central government

Most criminal actions are also _______ under civil law.

Torts

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

Traffic and Driving Offenses

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

Unjustified and Extreme "Recklessness

Assume that Gerald has viciously murdered two people while in the grip of severe mental illness and psychosis. He is found to be "incompetent to stand trial" and is committed to a psychiatric facility for the criminally insane. How long can Gerald be made to remain in this facility?

Until he regains "competence"(if ever) and can be tried on the criminal charges

Voluntary Manslaughter (in Ohio - ORC 2903.03) can be charged if the defendant caused the death of another......

While acting under "sudden passion or fit of rage"

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

White collar crimes"

If an individual "Attempts" a felony in Ohio 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 degree less" than the object offense

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.

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

"Malice Aforethought"

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

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"

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

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

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

A mens rea or culpable mental state

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

Aggravated Murder

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 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

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 Frank hates his boss, Mr. Davis. He believes that Davis has prevented him from getting several promotions and is keeping him around to "do all 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 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 confirm the 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 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

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 OHIO which 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

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

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

Deadly Force

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 them makes 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.

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

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

Fundamental Fairness before the Law

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 d.; Germany

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.

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. Leaving aside the question of "Breaking and Entering" what should Dugan be charged with involving "Arson" and for what reason?

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 "tort action"

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

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 safeguards to 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 limb about 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.

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

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

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"

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

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

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

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?

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

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

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.

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

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-art and 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

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

Two

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

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

Phil's Auto Shop is located in west Toledo. Phil employs three mechanics and has a thriving business. The hours are from 7:30 A.M. to 8:00 P.M. on Monday through Saturday. One Sunday night at about 9:00 P.M., Bart breaks into the back door of the building when it is closed. He steals tools and equipment worth a little under $5,000. Phil discovers the crime the next day and Bart is soon caught trying to sell the goods to a "fence" who is really an undercover informant. What are the top crimes that Bart will be charged with by the prosecutor? (Assume that it is clear that the auto shop is not a "dwelling" of any kind.)

"Breaking and Entering" and Theft

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

Once upon a time (but not today) a person who defrauded or swindled another out of their property could claim "Caveat Emptor" as a defense. IN ENGLISH this means,

"Let the Buyer Beware"

Assume that Myron is a teller in a bank. He receives a drawer of cash from the Head Cashier at the beginning of the day to transact business for customers. During the day he regular slips a couple of hundred from the drawer into his pocket. He does this five times totaling $1,000. Under today's Ohio Revised Code, Myron would be prosecuted under which of the following named statutes.

"Theft"

The crimes of Sexual Battery and Gross Sexual Imposition generally involve "consensual" sexual contact or sexual conduct between the defendant and the victim. However, in both of these crimes the "consent" to the contact or conduct is obtained through which of the following? (Best Answer Please)

A "relationship" between defendant and victim that causes the victim to give a form of consent

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

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

A Federal Republic of States

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"

The OHIO definition of insanity for a criminal defended is best described as which of the following?

A modified M'Naughten Test

Frank is despondent over the fact that his wife, Wilma, has left him. He runs into Lenny, an old acquaintance, on the street. Lenny buys Frank a drink and listens to his troubles. After listening to Frank's narrative, Lenny tells him, "You stupid sap. Wilma is running off with me. She thinks I'm a real man and not a lame jerk like you. We've sure had a lot of laughs at your expense while we were having really great sex together. " In a spontaneous rage Frank picks up a beer bottle and smashes it over Lenny's head causing serious cuts and contusions (as well as a bad concussion) for which Lenny must be hospitalized. Under Ohio law (Section 2903) what crime should Frank be charged with?

Aggravated Assault

Myron comes home and finds his wife in bed with Arnold. Myron is furious and pulls Arnold from the bed. Myron holds Arnold by the throat and punches him several times in the face. The blows break Arnold's nose. Arnold pulls away and leaps immediately leaps out of the window and runs away. Myron does not give chase. On these facts, what is the most appropriate crime, if any, to charge Myron with under the ORC?

Aggravated Assault

Myron lives in an upscale neighborhood next to a woman named Julia. Julia is a successful model and quite gorgeous. Myron has asked her out many times and she has always refused, often calling him a "scary creep." One night Myron, seething with rage, goes to Julia's house and pries open the back door (to the kitchen) with a crowbar. He intends to go up to her bedroom and rape her. He has a large hunting knife in a scabbard on his belt to help "persuade" her. Julia is asleep in an upstairs bedroom. Myron is about to enter the living room from the kitchen when a home alarm goes off. Julia's giant pet Rottweiler "Peaches" appears and seizes Myron by the leg. Peaches holds him until the police arrive which they quickly do. In Ohio, what specific crime will Myron be charged with regarding his entry into Julia's home? (Best Answer Please!)

Aggravated Burglary .

Assume that Doug believes his friend, Ned, is having a steamy affair with his (Doug's) wife. After brooding about it for several weeks Doug goes to Ned's house at 2:00 A.M. He has a heavy crowbar with him. Doug pries open the back door with the crowbar and enters the home. Ned is upstairs asleep. Doug goes into the bedroom and shoots Ned to death with a .38 caliber pistol that he has brought with him. What crimes has Doug committed in Ohio at this point?

Aggravated Burglary and Aggravated Murder

Perkins hates his neighbor, Sheldon. Sheldon has a successful business and lots of money and likes to "rub it in" Perkins' face. One night Perkins "snaps" and decides to kill Sheldon. He waits until 2:00 A.M. when he is sure that Sheldon is in bed and goes over to Sheldon's house. Perkins uses a set of lock-picks to open the back door. He has a loaded .45 caliber handgun with him. He creeps up to Sheldon's room and sees Sheldon in bed. Perkins then fires four shots into Sheldon's head. After an investigation by the police they arrest Perkins. As it happens Perkins shot a corpse. Sheldon had had a heart attack and died about two hours before Perkins entered the house. What crimes will Perkins be charged with?

Aggravated Burglary and Attempted Murder

Assume that Frank breaks into the home of the Watkins family one night. He always carries a loaded .45 handgun and has it on his person this night. He uses special tools to force open a door and starts ransacking the downstairs for money and valuables. There are five members of the Watkins family upstairs but they are sound sleepers and never wake up. Frank leaves through the open door with goods worth about $1,500 dollars. The family does not discover the crime until morning. What crimes should Frank be charged with in Ohio?

Aggravated Burglary and Theft

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

The states and local authorities

Assume that Davis lives next door to Barton. Davis finds out that Barton is having an affair with his (Davis') wife and that both of them are stealing money from Davis' bank account. Davis waits until Barton is on a two-week vacation with a plan to kill him. Davis follows Barton to a Home Depot store where Barton plans on buying plumbing fixtures. In the parking lot Davis confronts Barton with a gun and kills him. In Ohio what is the most appropriate homicide crime to charge Davis with?

Aggravated Murder

Curtis plans the Kidnapping of 11-year old Daphne. Daphne is the daughter of a very wealthy bank executive and Curtis hops to hold her for a $1,000,000 ransom. Daphne attends a private school but walks the three blocks to and from the school. Curtis pulls up in his nifty white panel van and says - "I'm a friend of your parents. I was asked to pick you up and take you to the water park where we are all meeting for a party/" Curtis opens the sliding van door but Daphne is hesitant. Curtis then jumps out, grabs the girl, and shoves her into the van. Several witnesses see this and instantly call 9-1-1. A nearby police car sees the van with Curtis and Daphne in it and gives chase. Daphne is sobbing with fear as Curtis races at 100 mph through the streets ahead of the squad car. He rounds a corner just as 82-year old Mrs. Telfair (who is on foot) is legally crossing the street with the light. The van, driven by Curtis, runs her over and kills her. Curtis loses control and runs the van into a pile of sand at a nearby construction site. Both he and Daphne are unharmed. Leaving aside Kidnapping and other charges WHAT HOMICIDE CRIME SHOULD CURTIS BE CHARGED WITH CONCERNING MRS. TELFAIR IN THE STATE OF OHIO?

Aggravated Murder

Ferguson carefully plans the rape of Amanda. He lays in wait for her outside of her office and grabs her when she gets off work and threatens her with a gun. He pushes her into a car, takes her to a deserted warehouse and has forcible sexual intercourse with her. After the sex Amanda gets away from him and tries to flee from him fearing that he will rape her again. She falls through some rotten floorboards into a basement and is killed. What is the maximum homicide crime is Ferguson guilty of, if any, under the Ohio Revised Code?

Aggravated Murder

Sizemore owns a music and DVD store that is doing badly. He is deeply in debt but has a fat insurance policy on his business. He decides to burn the place down for the insurance. He spreads gasoline around the store and piles of dry paper. He then torches the joint and leaves. An inferno erupts. The fire department is called by neighbors and several pumpers respond. While fighting the blaze a fireman named Adams is caught under falling debris and is killed. Under the Ohio Revised Code, what homicide crime is Sizemore guilty of, if any?

Aggravated Murder (under a felony murder theory)

Assume the following takes place in Ohio. Milo is a pimp and a lousy human being. He has six girls in his stable of prostitutes. One of his biggest earners is Trixie. One day Trixie tells Milo that she has just come from the gynecologist and that she is six weeks pregnant. She plans however on having an abortion in a couple of weeks when she feels better. She won't be "earning" for Milo during this time. Milo says, "We're doing that abortion right now." He drags Trixie into his bathroom and forces her to swallow Valium, Vicodin, Percocet and other prescription pain-killers washed down by Absolut Vodka. The combination makes Trixie violently ill and has a miscarriage of the fetus as a direct result. Trixie later goes to the cops about what Milo did to her. Milo is arrested. Leaving out the Felonious Assault on Trixie, what HOMICIDE crime (concerning the unborn fetus) will Milo be charged with and why?

Aggravated Murder because this was a purposeful and intention act that amounted to "The Unlawful Termination of Another's Pregnancy."

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

Melanie and Jake plan to rob a store to get money for drugs. Jake obtains a gun and ammunition. The plan is that Melanie will follow Jake into a convenience store and he will hold up the clerk. Melanie will put the "closed" sign up and keep watch from the door. Jake will then have the clerk open the safe and give him the money. All goes as planned but the clerk is nervous and "taking too much time." Jake, whose nerves are frazzled because of his need for drugs, intentionally shoots the clerk and kills him. Both Jake and Melanie flee. Under Ohio law, what homicide crime is Melanie guilty of in this case? (See ORC Chapters 2903 and 2923.)

Aggravated Murder under a Complicity theory (Felony Murder)

Blake goes into the Pick and Pay convenience store in order to rob it. He has a loaded 9 mm. automatic handgun in his pocket. He robs the cashier at gunpoint and flees on foot. As he is running down the street he runs into 86-year old Mrs. Preston who is emerging from another store. She is in very poor health and suffers from bad heart problems. Blake violently knocks her to the ground and runs off. Mrs. Preston hits her head on the sidewalk and goes into convulsions. This leads to a heart attack and she dies. What crimes is Blake most likely guilty of under the Ohio Revised Code?

Aggravated Robbery and Aggravated Murder

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

Assume that Dean is walking down the street when someone stops him and says "You look like a guy who appreciates a deal." The stranger, named Waldo offers to sell Dean a four-carat diamond ring for $300 in cash. Dean, who used to work for a jeweler, examines the ring and finds that it is genuine and probably worth around $25,000. Waldo explains that he needs to raise cash in order to get home to his sick grandmother before she dies. Dean gives Waldo $300 for the ring. Later he tries to sell the ring to a jeweler for $15,000. The jeweler finds it is on a police "hot sheet" and is stolen. Dean is arrested and charged with Receiving Stolen Property. He claims that the deal with Waldo was done in "good faith" and he is not guilty. What standard will the jury use to determine whether Dean, who was not told the ring was stolen, SHOULD have known that it was stolen goods.

An "Objective Third Party Standard" based on all the facts surrounding the deal

At common law an "Assault" was technically which of the following? (Best definition)

An attempted or threatened Battery

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"

We determine whether or not a man or a woman was justified in using deadly force to defend themselves based on which of the following legal standards?

An objective standard from the point of view of a "Reasonable Third Person"

Frank is angry with Zeke due to rumors that Zeke is spreading around town concerning Frank character. Frank confronts Zeke on the street while he (Frank) is carrying a hunting knife. Frank says "You SOB - Now you're going to get yours." He swings the knife at Zeke intending to cut him but Zeke jumps aside and runs away unharmed. At common law what crime, if any, would Zeke be guilty of?

Assault alone

Assume that the following facts occur at common law. Wally is a very attractive and slightly built 20 year old man who works in a large factory. One day a co-worker, Gary, sees him and is overwhelmed with homoerotic lust. Gary corners Wally in a secluded part of the factory, threatens Wally and then knocks him out with a bat. Gary then forcibly sodomizes him. Wally later goes to the police and Gary is charged with a crime. At common law (note - "common law") what is the worst that Gary can be charged with?

Assault-and-Battery alone

Frank is a thief and career criminal. He "cases" a large home in Ottawa Hills and learns that the family living there is going to Europe for two weeks beginning July 1st. He "stakes" the place out and actually watches them drive off to the airport. There is now nobody in the house. On July 2nd Frank goes to the back door of the house and starts using burglary tools to force the lock. Unfortunately for Frank, the house has just had a complete security makeover and the doors and windows have the latest in high-tech security hardware on them. Try as he might Frank cannot break the lock or enter the house. Finally in disgust he is about to leave when the police come up and arrest him. What is the appropriate charge for Frank under Ohio Law?

Attempted Burglary

Assume that Colin viciously attacks Jed with a lead pipe intending to kill him. Jed is badly injured and falls into a coma. One year and six weeks after the attack, Jed finally dies. (Assume that there is no statute of limitations problem.) At common law, what was the most the prosecutor could charge Colin with? (Under the "old" time of death rule.)

Attempted Murder

Assume that Dagwood hates his boss, Mr. Dithers and wants to kill him. Dagwood coolly, deliberately and with malice aforethought purchases a handgun and ammunition and waits for Mr. Dithers in the office parking garage. Dagwood leaps in front of Mr. Dithers, points the loaded gun and pulls the trigger. At point blank range he squeezes off five shots. All miss. Dagwood is then wrestled to the ground by passersby. Dagwood will be charged with which of the following crimes under the Ohio Revised Code?

Attempted Murder

Assume that Claude is the caretaker of his Uncle Leo and also the Executor of his will. Uncle Leo calls Claude in and has him draft a new will leaving Claude $500 and the rest of his twelve-million dollar fortune to the "Society for the Care and Feeding of Homeless Cats." The will is signed and witnessed and Claude files it with the Clerk's Office of Probate Court. A month later, Uncle Leo dies. When the will is read it is found that the "$500" left to Claude has been changed to "$5,000,000." It is later shown that Claude altered the will in his favor before depositing it with the Clerk. In the State of Ohio Claude will be charged with,

Forgery

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

Assume that 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 under Ohio statutes and the common law?

Attempted Murder

Technically speaking (note - "technically speaking"), at common law, a simple and unwanted touching of another person that did not actually cause physical harm was technically called:

Battery

Assume that Mona hates her husband and wants him dead. She hires Bert who is an honest-to-goodness "hit-man" and takes a $20,000 down payment on the hit. A short time later Bert guns down Mona's husband who dies. He is later caught and all the facts come out. What will both Mona and Bert be charged with if this takes place at common law?

Bert will be charged with Murder - Mona will be charged as an Accessory-before-the-Fact to Murder

The specific facts of the case of Regina v. Dudley and Stephens concerned which of the following rather unusual circumstances?

Cannibalism

Under modern statutes, if a person is found to be "Not Guilty by Reason of Insanity" following trial, the probable result (as a practical matter) to the defendant will be,

Commitment for a specified time by the court to a psychiatric facility for evaluation

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

Gary is a vice-president of the Cornbelt Savings and Trust Bank. One day he comes home to find both his wife Allison and their three-year old daughter Trixie missing. There is a sign in the kitchen that tells him to play a DVD that he finds in an envelope. He plays it and sees three hooded men standing over Allison and Trixie with guns. One of them says that they will kill Allison and Trixie unless Gary takes $2,000,000 from his bank and delivers it to them. They will also be killed if Gary notifies the authorities. Gary does what they ask. The next day he takes $2,000,000 from the vault and puts it in a suitcase. He leaves the suitcase at an abandoned building per his instructions. Later Allison and Trixie are released unharmed. Gary is prosecuted for Grand Theft and Embezzlement. What specific affirmative defense does he have, if any?

Duress

26-year old Eddie has invited Ted over to watch a football game. Eddie lives with and takes care of his 12-yearold sister Miranda and has since their parents were killed in an auto accident. Ted brings beer and whiskey and is drinking heavily. During the half Ted says he needs to use the bathroom while Eddie makes sandwiches. While in the kitchen Eddie hears a muffled scream from Miranda's bedroom. He rushes in and finds Ted on top of Miranda with his pants down. Miranda's clothes have obviously been torn off and Ted is in the act of raping her. Eddie pulls Ted off his sister and punches Ted violently. Ted reels, falls and hits his head on the corner of a desk. He dies. The police are called. Technically speaking, here in Ohio, what should Eddie potentially be charged with and does he have any defenses? (Think Carefully)

Eddie should be charged with Murder but has an excellent "Defense of Others" defense.

In Ohio, where a defendant wants to raise a defense of "insanity", at trial, he/she must FIRST:

Enter a plea of "Not Guilty by Reason of Insanity" (NGRI)

Assume that eleven-year old Bobby is a genius with a 200 IQ. He hates his twelve-year old cousin Tom who gets all of the attention in the family because he is developmentally disabled. One day, during a family picnic, Bobby lures Tom to a deep, water-filled quarry. Bobby knows Tom can't swim and intentionally and with malice pushes Tom into the water. Tom drowns. Bobby proudly admits what he did. What will be the first action that the criminal justice system will take against Bobby, if any?

Evidence will be taken to determine if Bobby is capable of forming the mens rea for the crime of Murder and then the decision to go forward or not will be made

Assume that young Darrell is eleven years old and considered a little "slow." He has been beaten when he was younger and possibly sexually abused. He does not like his babysitter and wants to harm her. He finds his father's handgun one night. He coolly and with prior design aims the gun at the babysitter and shoots her in the leg, seriously wounding her. The babysitter demands that the child be charged with Attempted Murder or at least Assault. What will be the next thing to happen in this case in Juvenile Court?

Evidence will be taken from the defense and the prosecution on Darrel's mental state and whether he was capable of developing the mens rea for a felony crime.

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

Greg is madly in love with Laura. However Laura prefers the incredibly handsome Fabio Gorgeous. Greg is madly jealous. One day, after careful planning, Greg waylays Fabio on his way home from his job as a handsome male model. Greg knocks Fabio out and uses a jagged broken beer bottle to "carve up" Fabio's face so "he won't be so good looking." The attack leaves large permanent scars on Fabio's fabulous face. The wounds are not fatal and Greg hand no intent to kill Fabio. He just wanted to "mark him up." Under Ohio law, what crime has Greg committed?

Felonious Assault

Mark and Zeke are bitter enemies. Mark decides to "get" Zeke and follows him into a restaurant carrying a knife. Mark confronts Zeke and severely cuts him around the face and arms. The injuries are severe but not life-threatening. Bystanders jump in and subdue Mark. Zeke is taken to the hospital to be treated. While in the hospital the doctor, without proper examination (which is malpractice) gives Zeke an antibiotic injection to control any possible infection. Zeke is allergic to the antibiotic, goes into a seizure and dies. Under Ohio law, what should Mark be charged with?

Felonious Assault alone

Assume that Helen is a woman who is sexually drawn to Carla. (Both are adults) Helen tries to seduce Carla but Carla rebuffs her. Then Helen (a larger woman) grabs Carla, punches her, knocks her down and pins her to the ground. Helen pulls down Carla's underwear. Helen then tries to stimulate Carla's clitoris and inserts two fingers into the vagina. At this point Carla fights her off and runs away. What crimes is Helen guilty of under the Ohio Revised Code?

Felonious Assault and Rape

Assume that Thad and Thelma have been living together for a couple of years. After a series of arguments Thelma meets another guy and moves out. Thad broods about the emotional injury he has suffered. One night Thad, after drinking heavily, sees Thelma walking down the street. He is driving his car. He jumps out, grabs Thelma, strikes her and pushes her into the trunk. He then drives off. Later, in a deserted spot, Thad threatens her with a knife and says that he intends to have sex with her. He has ripped Thelma's clothes off and begins anally sodomizing her with the handle of a screwdriver when the police arrive. Thad is arrested. In Ohio, what should Thad be charged with? (Most Complete Answer Please!)

Felonious Assault, Kidnapping and Rape

How many different statutory "definitions of insanity" exist in the fifty states and federal government for the purpose of enabling a defendant to craft an "Insanity Defense?"

Fifty-One

Kim Smith buys lunch at a restaurant and takes her checkbook out to look for money to pay the check.. She is quite absent minded and leaves the checkbook on the table after she has paid her bill and left.. It is found by Carrie. Carrie wants to buy a new pair of Prada shoes that cost $1,200. She goes to the Prada shop and writes a check for the amount from Kim's checkbook and signs it "Ms. Kim Smith." If these facts take place in Ohio what crime has Carrie committed?

Forgery

The Ohio Revised Code (Chapter 2907) has a number of offenses dealing with what are commonly called "sex crimes." Each statute refers to specific forms of sexual activity that must take place in order for a defendant to be charged with a specific crime. If a male offender is charged with a crime involving "sexual conduct" then this means:

Full sexual intercourse involving penetration of the victim's vagina by the male penis Forcible attempted sexual intercourse involving the vagina or the forcible insertion of outside objects into the vagina or anus of the victim ---Correct Both b and c above

Assume that Melvin is confined to his bed after an accident with two badly broken legs, three broken ribs and a broken arm. He has to breathe with the aid of an oxygen mask. He is frequently restless and he is tied into his bed with straps over his chest to keep him from dislodging the casts on his arm and legs. His friend Hugo comes over to visit him. Prior to the visit Melvin has discovered that Hugo is sleeping with his (Melvin's) wife. Hugo enters the room and Melvin starts screaming at him "I'm going to kill you m__________r! I am coming over there and I'm going to beat your head in until you have to unzip your pants to see out!" Hugo hurriedly retreats from the room. At common law and under present statutory law has Melvin committed any crime?

He has committed no crime since he lacks "present ability"

Marty is a member of the Kappa Theta Chug fraternity. The fraternity hosts a big party and Samantha attends. Marty has always had a "thing" for Samantha, who has never reciprocated. He watches her closely during the night. He watches Samantha voluntarily put down twelve shots of Jack Daniels and eight beers. Marty is stone-cold sober. Samantha stumbles into Marty and admits to him that "I'm totally shit faced." Marty helps her to an empty bedroom. He then says "Why don't we have sex?" Samantha says "Suuuurrrre - Why not?" (Her words are badly slurred and she is clearly intoxicated.) They have sexual intercourse. Under chapter 2907 of the ORC, has Marty committed a crime or not?

He has committed the crime of Sexual Battery

Assume that it is present day in Ohio. Vic and Velma live together. Vic is a drug-dealer who has a savage temper. Velma is afraid of Vic but won't leave him because "she loves him" and enjoys partying with him. One day Velma breaks down and tells Vic that she is ten weeks pregnant. Vic (who hates children) is outraged. He grabs Velma and puts her in a headlock. He then starts hitting her in the stomach. After about half of an hour of this abuse she miscarries the unborn fetus. She goes to the police. Vic is arrested for Murder concerning the unborn. Vic argues that ever since Roe v. Wade it has been legal to abort a fetus up to six months and therefore he can't be guilty of Murder. Is he right and why or why not?

He is Wrong - "Aborting" a fetus is only legal if done with the consent of the mother and under clinically safe medical conditions.

Assume that Peter decides that he wants to kill Joe because he (Peter) is jealous of Joe's upstanding character and success with women. Peter buys a gun and follows Joe to work. In the parking lot Peter shoots Joe. However Peter is a lousy shot and only wounds Joe in the side and shoulder. Peter is subdued by passersby. Joe is taken to the hospital where surgeons remove three bullets from his shoulder and ribcage. The injuries appear non-fatal and Joe seems to be making a good recovery. However Joe was in the armed services earlier in his life and stationed in jungle surroundings. There he contracted malaria and other tropical diseases which weakened his system. As a result he has a very weak constitution and a badly damaged immune system. After a couple of weeks Joe contracts an infection from the gunshots which his weakened system cannot fight off. He dies two months after the shooting from pneumonia and jaundice directly related to the effects of his wounds. Peter is charged with Aggravated Murder. He argues that Joe would not have died but for his weakened pre-existing condition for which he (Peter) was not responsible. Is he right and why or why not?

He is Wrong - Joes pre-existing condition might have contributed to Joe's death but Peter intended to kill him and "You take your victim as you find him."

Assume that Tad and Chad rob a jewelry store and flee with the proceeds. The police are on their trail. The two men go to the home of Wilbur, an old friend who has no prior knowledge of the crime. Wilbur agrees to hide them out, give them new clothes and loan them his car. In exchange he demands for 15% of the take. Under modern statutory law such as in Ohio what crime is Wilbur" guilty of, if any?

He is guilty of "Obstruction of Justice" or "Criminal Facilitation"

Ken attends a twenty-year high school reunion held at a large hotel. He meets Christine for whom he always "had the hots" back in high school. She still looks stunning. They have a few drinks together but neither becomes intoxicated. Ken suggests that they go up to his room and have sexual relations. Christine agrees and they leave the party. When they get to Ken's room Christine sits seductively on the bed while Ken brushes his teeth. When he comes back she says "Look - I've been thinking about this. I don't want to have sex with you and think I should leave. Ken is furious. He pushes her back on the bed and has forcible sexual intercourse with her. Christine, a small woman, is terrified and does not resist. Ken has penetrative intercourse with her. Under Ohio law is Ken guilty of a crime and why or why not?

He is guilty of Rape

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

Mr. Smedley owns an electrical supply store that has been repeatedly broken in to. The police do not seem to be able to help. Finally, in exasperation, Smedley rigs up two shotguns that are trained on the front and back door. The guns will go off if anyone tries to "force" the door without a key. One night Dirk (a career burglar) breaks into the Smedley store through the back door. The shotgun goes off and he (Dirk) is killed. What will be the legal consequences to Smedley under common law and the ORC? (Best answer please)

He will be charged with the crime of Murder and have no defense based on these facts.

Assume that Wiley lives "on the street" in Columbus, Ohio and is suffering from a variety of severe mental illnesses. Medication has been of little help. He should be in a mental hospital but his family has abandoned him and there is no room at local facilities for people with his condition. He is definitely schizophrenic, "hears voices" and suffers from hallucinations. One day he is walking down the street when Leonard approaches him. Leonard simply wants directions to a nearby public park. As Leonard starts to ask Wiley a question Wiley becomes convinced that Leonard is going to kill him. Wiley pushes Leonard in front of an oncoming bus and Leonard is killed. The police arrest Wiley and he is charged with Murder. Based on what we know about the criminal justice system what will next happen to Wiley?

He will be found "Incompetent to stand Trial" and committed to a secure mental hospital

Assume that Gordon is suffering from a brain tumor that is causing him to have headaches and blackouts. One day, while fully conscious, Gordon feels an overwhelming need to kill his neighbor Elizabeth by strangling her with a rope. He knows that it is wrong and that he is capable of killing her in this manner. Nevertheless he goes to her house and knocks. Elizabeth answers the door and Gordon pushes his way in and kills her. He is later charged with Murder. By the time he is brought to court Gordon's condition has deteriorated very badly. He cannot recognize his defense lawyer and has no idea what a "murder trial is." Doctors say it is unlikely that Gordon will ever recover. What is the most likely thing that will happen to Gordon?

He will be found Incompetent to Stand Trial and committed to a mental institution.

Stewie is one-year old and a "criminal genius." He decides to dispose of his family by burning down the house. He drugs his family members (a mother, father, brother and sister) so that they are unconscious and then burns the structure down. All four are killed. What will be the legal consequences to Stewie at common law?

None - He is an "infant" and presumed incapable of criminal culpability

Assume that Zach is genuinely insane but not under treatment. He is a severe schizophrenic who believes that the Earth has been invaded by insect-like creatures that take over the minds of human beings and control them. Their goal is world domination and Zach believes he is the only one who can "see" these invaders.. One day he sees his neighbor, Gus, going into his home. Zach is convinced Gus has been taken over and attacks him with a piece of pipe that happens to be nearby. Zack kills Gus. Zach is charged with Murder. As a practical matter, what will happen next to Zach?

He will be found Incompetent to Stand Trial and referred to a secure mental health facility.

Assume that Gerald is a serious paranoid schizophrenic and genuinely "insane." However he refuses to take the medication that is prescribed for him. He comes to believe that his neighbor, Tom, is a CIA "hit man" sent to kill him. He decides to act first. One day as Tom is mowing his lawn Gerald viciously attacks him from behind with a crowbar. Another neighbor sees what is happening and wrestles Gerald to the ground. Tom suffers serious head injuries and a bad concussion. Assume that, at this point, Gerald meets the definition of "insanity." What is the next step that the legal system take in his case?

He will enter a plea of Not Guilty by Reason of Insanity and then he will be found "Incompetent to Stand Trial. He will be committed to an appropriate mental hospital until he "gains competence."

Henri is a hockey player with the Pittsburgh Penguins NHL hockey team. They are playing the Columbus (Ohio) Blue Jackets. During the game Henri is handling the puck when he is knocked into the boards by a Blue Jackets player named Jacques. Henri is not badly hurt but suffers a few bruises and a short nosebleed. He is a bit of a self-centered hothead and is furious at this. He demands that the Franklin County Prosecutor charge Jacques with an assault-related offense. As a practical matter what will the prosecutor most likely do based on these facts?

He won't charge Jacques with anything

Solicitation, Attempt and Conspiracy are all examples of:

Inchoate Crimes

The United States is best described as which of the following "governmental systems?"

It is a federal republic of states

Under Ohio law, an "Aggravated Assault" is generally one that occurs under which of the following conditions?

It is committed in "the heat of passion"

Murphy is an experienced dealer in narcotics. He decides to "branch out" into manufacture of "Ecstasy" and sell to a group of smaller dealers. Murphy sets up a lab and obtains the necessary equipment and most of the chemicals. Unfortunately he lacks "Chemical X." He asks around of others in the drug world and is contacted by Shane. Shane offers to provide a large amount of "Chemical X" is return for a cut of the profits of the enterprise. Murphy agrees. A quantity of "Chemical X" is delivered and Murphy processes five thousand tabs of Ecstasy. He contacts Shane to view the finished product. Shane finds it is all high quality. He then reveals that he is an undercover DEA agent and arrests Murphy for Manufacture of a Controlled Substance. What will be the likely result of Murphy's "entrapment" defense?

It will be no defense since the government can show "predisposition" on Murphy's part.

Murphy is an experienced dealer in narcotics. He decides to "branch out" into manufacture of "Ecstasy" and sell to a group of smaller dealers. Murphy sets up a lab and obtains the necessary equipment and most of the chemicals. Unfortunately he lacks "Chemical X." He asks around of others in the drug world and is contacted by Shane. Shane offers to provide a large amount of "Chemical X" is return for a cut of the profits of the enterprise. Murphy agrees. A quantity of "Chemical X" is delivered and Murphy processes five thousand tabs of Ecstasy. He contacts Shane to view the finished product. Shane finds it is all high quality. He then reveals that he is an undercover DEA agent and arrests Murphy for Manufacture of a Controlled Substance. What will be the likely result of Murphy's "entrapment" defense?

It will be no defense since the government can show "predisposition."

Assume that Joe shoots at Max, intending to kill him. Joe's shot misses Max. Instead the shot strikes and kills Leo, a person unknown to Joe. When he is charged with Murder, Joe contends that he cannot be held responsible for the crime since he (Joe) intended to kill Max and had no intent to harm Leo. Is Joe right and can he be charged with Murder?

Joe is wrong. Even though he did not intent to kill Leo, Joe can still be held responsible for Murder under the doctrine of "transferred intent."

Assume that fourteen-year old Jerome is accused of purposely killing another teenager with a knife in order to steal his drugs. Jerome is charged with the most serious of crimes, Aggravated Murder. Where will Jerome make his first court appearance if the case takes place in Toledo, Ohio?

Lucas County Juvenile Court

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")

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

Malice (or "malice aforethought")

Melvin is a former drug user. He has not used for a couple of years but admits to 'cravings." He regularly goes to a clinic for counseling and follow-up therapy. While waiting for his appointment one day he meets Blevins who says that, he too, is a recovering addict. They meet at the clinic three times a week for three months. At each meeting Blevins tells Melvin about how "I can't stand being straight" and "We would both feel better if we score some heroin." He describes to Melvin the joys of a drug rush and about how much they both miss it. After three months of this Melvin agrees that he too wants to take heroin again. They meet later on in a public park and Blevins sells Melvin some heroin. Melvin is about to shoot up when Blevins announces he is an undercover officer and arrests Melvin for Drug Possession. What will be the likely result of Melvin's trial? (See United States v. Sherman)

Melvin can assert a successful entrapment defense since the actions of Blevins could reasonably be said to "shock the conscience" and overcome his (Melvin's) will to resist. (See United States v. Sherman).

Assume that Wilbur has just been dumped by Maggie. Wilbur refuses to believe that the relationship is over. He "hovers" around Maggie's house gazing at it from the public sidewalk for days and weeks. Maggie works at a grocery store and Wilbur is there every day buying small items and using her checkout line. When Maggie has a date with another man or goes out with friends Wilbur follows them to the restaurant or the movies sitting near them. He never touches or talks to Maggie during these occasions. Wilbur is only around Maggie in public places where any citizen has the right to be. Maggie becomes extremely scared and honestly believes that Wilbur's behavior will escalate into something more serious. Under the Ohio Revised Code what crime is Wilbur guilty of?

Menacing by Stalking

Ben is despondent over the condition of his wife Gwen. Gwen is suffering from advanced cancer and doctors say that she only has a few months to live. She is in terrible pain and has expressed many times her wish to die. Finally Ben can take it no longer. He purposefully and intentionally gives her an overdose of her pain control medication in a syringe and she "slips away." At common law what would Ben be charged with?

Murder

Assume that Brian is legally hiking through the woods. Suddenly he is attacked by three hungry wolves. Brian has a knife and, after a vicious struggle, he manages to kill the three vicious animals while sustaining serious injuries. He manages to crawl to a ranger station where he receives medical help. Later he is prosecuted under a federal statue for causing the death of an animal belonging that is part of a class of "endangered species" under the Environmental Protection Act. What is Brian's best defense at common law?

Necessity

Perkins is a gun collector with a large collection of weapons. He has converted his basement into a workshop for repairing and maintaining his firearms. He is cleaning a 9 mm. semi-automatic handgun and fails to notice a round in the chamber. The gun goes off and the bullet flies upward through the basement window and grazes the leg of 14-year old Kevin who is riding his skateboard next door. Kevin sustains a slight, albeit painful injury. If Perkins is to be charged with a crime under the Ohio Revised Code (if any) what would be the most appropriate charge?

Negligent Assault

Assume that Gordon is an experienced hunter with a long record of safe handling of firearms. One day, during deer season, Gordon sees a rustling in the bushes and perceives what he honestly believes is a deer. He fires. As it turns out it really is a deer but it is already dead and is being carried on the back of another hunter named Bert. Bert is struck by the bullet and dies. What homicide crime, if any, will Gordon most likely be charged with under the Ohio Revised Code?

Negligent Homicide

Jason hates Randolph, a business rival, and wants to kill him. Jason plans all sorts of ingenious methods of doing away with Randolph. Jason even purchases a handgun and learns how to use it. He forms a plan to ambush Randolph at a future date. One day Jason runs into Randolph on the street. Randolph tells Jason "I'm sorry we have not gotten on over the years. I just learned I have cancer and only three months to live and I bitterly regret having made an enemy of you." Jason is touched and shakes his hand and walks away with a completely changed attitude. Later Jason is cleaning his handgun when it accidentally goes off. The bullet flies out of the window and kills Randolph who is walking his dog nearby. What crime is Jason most likely guilty of?

Negligent Homicide

Myron is an experienced hunter stalking deer in an Ohio park. He is knows as a responsible gun-owner and always carries his weapon safely. He does not drink of take drugs. He is hunting with a companion named Kyle. Myron, for the first time in his life in such a situation, has the safety "off" on his gun. He trips over a root concealed in the leaves, drops his rifle and it goes off. The shot kills Kyle. If Myron is to be charged with a Homicide crime in Ohio which crime will it most likely be?

Negligent Homicide

Slobodan has lived all his life in Slobovia, a small Balkan country. He immigrates to the United States, lives in Ohio for a time, and applies for citizenship. After one year y he passes his citizenship exam and is sworn in as a U.S. citizen. Very happy with himself he goes to a bar and has a couple of drinks. He spots a beautiful young woman named Leslie wearing a low cut blouse and baggy shorts. He pulls down her blouse and sticks his hands in her shorts "feeling up" her genitalia. She naturally pulls away and punches him. The police arrive and Slobodan is charged with the crimes of Assault and Gross Sexual Imposition. Both are 4th Degree Felonies.. He argues that he is a new citizen and that this sort of thing is customary with the girls in Slobovia. Does he have a defense and, if so, what?

No - Once laws are passed and published all citizens "implicitly" know what they are.

Assume that Perry is married to Gertrude. One night Perry comes home drunk and in the mood for sex. Gertrude is not in the mood. Perry demands that they have intercourse and still Gertrude refuses. Perry rips off her clothes and has forcible intercourse with her against her will. What crimes has Perry committed, if any, at common law? (Before modern statutes)

No Crime at All

Assume that Amber is a professional prostitute with a long arrest record. She is neither pregnant nor is she suffering from a sexually transmitted disease. She is walking down the street when Tad grabs her, drags her into his car, and has forcible sexual relations with her at knifepoint. He then kicks her out and throws fifty dollars at her. She goes to the police and Tad is arrested for Rape. Tad claims that Amber consented to the sex. As trial approaches Tad's lawyer wants to introduce evidence that Amber is a prostitute and has had consensual sex with hundreds of men. Based on these facts, how much of Ambers sexual history will the lawyer be allowed to introduce in court to support Tad's claim? (Under the Ohio Revised Code)

None of her sexual history will be allowed into evidence based on these facts.

Assume that Dagwood comes home and finds that his wife, Blondie, is missing. He receives a call from Max Cady. Max tells Dagwood that he (Dagwood) must kill his boss, Mr. Dithers. Max sends Dagwood a handgun and ammunition for that purpose. He also sends a videotape where Blondie, tied to a chair and obviously terrified, pleads with him to do what Cady orders. Dagwood goes to the office the next day and intentionally shoots Mr. Dithers, killing him. Blondie is later released. At his trial for Murder which defense, if any, based on these facts, can Dagwood assert with hope of success?

None of the above

Assume that Max walks in to the police station and says that he has just committed a Murder. He says that he does not know the name of the victim but he saw a "fair haired" man walking down Elm Street and felt an "overwhelming" need to kill him. Max said he ran out and crushed his skull with a baseball bat. Now Max feels remorse and he has come to the police to confess. The police go to Elm Street and find nothing. They check hospitals and search adjoining buildings but cannot find a dead (or injured) "fair-haired man." There is nothing other than Max's confession to indicate that a crime has taken place and the confession cannot be corroborated in any way. What will happen to Max under common law principals? (Best answer please)

Nothing - There is no evidence to corroborate the confession

Assume that young Ambrose is a freshman at State U. He has been raised on a rural farm by deeply religious parents and never smoked, drank or used drugs in his life. His parents sheltered him and he does not know the effect of these things. He decides to join a fraternity, Delta Woo Woo and is accepted as a pledge. The other members regard him as a cornball and a nerd and resolve to loosen him up. At their first party Ambrose is drinking low-cal Dr. Pepper soda. A fraternity member spikes the beverage with a combination of GHB, pure grain alcohol and liquid methamphetamine. Ambrose does not know this and becomes intoxicated. He steals a car, rams it into several parked vehicles and then breaks into a house. He then passes out. When he wakes up he finds that he has been charged with a variety of crimes. On these facts what is Ambrose guilty of?

Nothing at all

We are all familiar with sports such as boxing, football, hockey and wrestling which involve a great deal of physical contact between different persons. Often severe injuries can result from this contact. As a legal matter, why is it that so few professional athletes are charged with assault-related crimes stemming from such contact?

Persons who participate in athletics give "implied consent" to extensive physical conduct.

In 2011 Dr. Jack Kevorkian died in prison after being convicted of murder. Kevorkian was a long-time advocate and "martyr to the cause" of which of the following?

Physician-assisted suicide

Assume that Greta Gorgeous has just had her sixth cosmetic surgery and is recuperating at a nursing facility for celebrity patients. Waldo is a male nurse at this facility. Greta is bright and chipper during the day and has few drugs prescribed for her. One night Waldo brings her a cup of hot chocolate which he has laced with a powerful sedative that has not been prescribed for her. Waldo wants her unconscious that night so that he can have penetrative sex with her. Greta drinks the hot chocolate and passes out. Waldo then proceeds to have full penetrative vaginal intercourse with her. She is unaware of this while it is happening. What crime, if any, will Waldo be charged with in Ohio?

Rape

Assume that amateur bodybuilder Wyatt lusts after his co-worker April. One day after work Wyatt grabs April in the parking garage and forcibly drags her into his van. He threatens her with a knife and tells her to be quiet. He tears off Aprils clothes intending to rape her. Unfortunately for Wyatt his years of steroid abuse have taken their toll and he cannot achieve an erection. He rubs April's genitals and puts a finger inside her vagina in an attempt to arouse himself but it is no use. His own shriveled genitalia achieve neither erection nor penetration. Angry and frustrated, he lets her go. Later he is charged with various crimes. Under ORC Section 2907, what is the most appropriate sex crime that Wyatt should be charged with?

Rape (ORC 2907.02)

Rodney is a bright but bratty five-year-old who hates his babysitter. Rodney also knows where his father keeps his .38 caliber handgun. On a particular night when the parents are out Rodney goes the bureau where the handgun is kept and takes it out. It is loaded. Rodney goes into the living room. He coolly and with prior design aims the gun at the babysitter and fires. The babysitter is hit in the shoulder. Following surgery the babysitter demands of the prosecutor that Rodney be charged with Attempted Murder. What is the likely result of this demand and why?

Rodney will not be charged with anything since he lacked the mens rea for the crime.

Cleo is an attractive 25-year old teacher at Riverdale High School, located in the state of Ohio. One of her students is 17-year old Archie. Cleo is very drawn to Archie and wants to have sex with him. Archie is failing her class and badly needs the credit to graduate. She tells Archie she will give him an "A" for the class if he agrees to have sex with her. (Assume that Archie can legally give consent for sex.) Archie agrees and the two have full intercourse. Archie gets his "A". Under the Ohio Revised Code, has Cleo committed a crime and, if so, what?

She has committed the crime of Sexual Battery

Burton and his girlfriend, Liz both plan on robbing an "All Night" convenience store at gunpoint. They both enter the store. Burton has a gun and Liz 'stands lookout" outside the door. The clerk "does not act fast enough" to suit Burton and Burton kills him. Burton is charged with Aggravated Murder in the death of the clerk. Can Liz also be charged with a homicide under our modern statutory scheme and, if so, what? (Think carefully!)

She will also be charged with Aggravated Murder since she is a "principal" regarding that crime.

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 Gary passionately "wants" his neighbor Shelia. However she thinks he's a loser and a creep and refuses to have anything to do with him. He is enraged by her rejection and finally decides to take action. While Shelia is walking home from the market, Gary pulls up next to her in his car, jumps out and threatens her with a loaded handgun. He then hits her with the butt of the gun. He forces her into the car and drives her to a remote country road. There he forcibly has sexual intercourse with her at gunpoint. Later he release s her in front of a bus station. What crime or crimes is Gary guilty of in Ohio? (Most complete answer please.

The crimes of Rape, Felonious Assault and Kidnapping

Stan is a 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".

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

Substantive Law

Elmo plans the Robbery of a gas station. He obtains a gun and enters the establishment with the sole intent of obtaining money. While the clerk is handing over the money a customer walks in. Elmo, nervous and shaky, shoots the clerk in the head and kills him. Elmo flees with a quantity of cash. In Ohio what is the maximum penalty that Elmo can receive for the crime?

The Death Penalty

The oldest (1843) and most common test to determine insanity is which of the following?

The M'Naughten Rule

The oldest rule of Insanity which is sometimes called the "Right/Wrong" test is which of the following?

The M'Naughten Rule

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

In the state of Ohio, new criminal statutes are developed and written by which of the following:

The Ohio Legislature

Thad and Thelma are boyfriend and girlfriend and have a tempestuous relationship. They go to a party at Jake's house. Thelma spends a lot of time talking to Jake. Thad is jealous and believes that Thelma is trying to "hit" on Jake. Finally Thad can take it no longer. He tells Thelma "We're leaving." She says, "No. I'm having a good time and staying." Thad grabs her by the arm and forcibly drags her out to his car. He shoves her in against her will and drives her home where he leaves her. She is screaming protests all the way. Neither of them is intoxicated. In Ohio, what crime has Thad committed, if any?

The crime of Abduction

Shorty Fresh is the leader of the "Vicious Silly Jerks" street gang. One day he goes into Mom's Dry Cleaning Store and tells Mom "Hey Old Lady. Give me all the money in the cash register and you won't get hurt." Shorty is holding a loaded and handgun and has it aimed at Mom. As Mom puts the cash in a bag Myron walks in to pick up his dry cleaning. Startled by this, Shorty is startled and swings around and shoots Myron in the shoulder. The wound is fatal and Myron dies. Shorty then rushes off without the money. In Ohio, what crime would Shorty be charged with concerning the shooting of Myron?

The crime of Aggravated Murder

If insanity is to be used as a defense the defendant must be shown to have been insane at the time of,

The criminal act

The "Castle Doctrine" is a rule of law that applies in which of the following contexts?

The rules of Self-Defense

Under the Uniform Definition of Death Act a person is dead when:

They can no longer move

The following takes place in Ohio. Brutus is a brutal man. He is a big blowhard who likes to bully and assault people. He lives with his girlfriend Shelia who struggles to please him. One day Shelia announces that she is pregnant. Brutus explodes and says "I don't want to have no _______kids." Sheila is adamant that she wants to have the baby and, what's more, plans to leave Brutus. Brutus screams, "Nobody Walks Out on Me" and grabs at Shelia. She eludes him and runs out of their apartment with Brutus in pursuit. She hides in the bushes across the street. Brutus looks around and can't find her. He then goes to his car where he takes out a baseball bat. Shelia tries to sneak away through the local houses and alleys. After about fifteen minutes Brutus catches her and starts beating her with the bat. He beats her to death and the fetus she is carrying also dies. The police arrive and arrest Brutus. What HOMICIDE crimes should Brutus be charged with based on these facts?

Two counts of Aggravated Murder

Freddie is 18 years old and legally an adult. He is in love with Sarah who is 15. They plan on getting married when Freddie finishes college. One day they have full sexual relations. Sarah's parents find out and demand that Freddie be charged with a sex-based crime. All of these facts take place in Ohio. If the prosecutor prefers charges what is the most likely crime that Freddie can be charged with under the Ohio Revised Code?

Unlawful Sexual Conduct with a Minor

A "Theft" is converted to a "Robbery" by the presence of which of the following?

Use of Force or Threat of Force

Clark has been going out with Christine. He is madly in love with her and intends to ask her to marry him. They have never had sex because Clark does not believe in pre-marital relations. Christine goes on vacation and comes back two months later. Clark meets her and notices that she has "put on weight." Christine says it's because she is seven weeks pregnant by a man named Mark and the two of them will be getting married. She also says "I'm glad I met a real man before marrying a loser like you." Suddenly enraged, Clark angrily punches Christine, breaking her jaw and knocking her out. As a direct result she has a miscarriage and the fetus dies. Under Ohio law what is the most appropriate charge for Clark concerning the fetus? (Think Carefully)

Voluntary Manslaughter

Please assume that the following facts are true and take place in Ohio. Waldo is a small-time "loan-shark" who loans money to people at high interest rates and threatens them with bodily harm if they don "pay up" at the right time. He has loaned $1,000 to Capshaw who has not only NOT paid Waldo back but has been "ducking him" for weeks. Waldo learns that Capshaw is going to be playing pool at a local bar tonight. Waldo goes to the bar and lies in wait for Capshw. His intent is to "rough Capshaw up" and maybe break his nose. He has no other intent. Capshaw arrives and Waldo emerges from the shadows and grabs him. Waldo then proceeds to punch Capshaw to "mark him up" and send a message to others that they should take him (Waldo) seriously. Unfortunately Capshaw has a pre-existing skull fracture from a previous motorcycle accident. Waldo slaps Capshaw on the side of his head and the old fracture opens. Blood rushes into Capshaws brain causing an immediate aneurism. Capshaw falls to the ground and dies. Waldo is arrested. Under these facts, what is the proper charge for Waldo?

Voluntary Manslaughter

Assume that Parker has learned that he is positive for HIV and that it is rapidly becoming full-blown AIDs. He is a very handsome and charming bi-sexual man and also a selfish narcissist and a creep. He is unhappy about coming down with the disease but decides that it shouldn't stop his love-life. He has unprotected sex with ten different partners over the next month. He never tells these partners that he is HIV-positive. During these encounters, is Parker committing any sort of crime under the Ohio Revised Code?

Yes - He is committing the crime of Felonious Assault whenever he has sex

Paul has been living with Samantha for two years in Paul's apartment. Recently Samantha has found out that he is a cheating hound-dog who has been having sex with other women and making fun of her behind her back. She tells Paul that he's a jerk and that she is moving out. She then takes a load of her luggage to her mothers. Paul begins to drink and becomes furious that "anyone would try and walk out on him." Samantha returns for the remainder of her belongings including things in the bathroom medicine cabinet. When she goes into the bathroom Paul locks her in. She is furious and pounds on the door. The drunken Paul refuses to let her out and alternately pleads for her to stay and threatens her while she is locked in the bathroom. He never touches or hits her. Eventually, after two hours, neighbors call the police and they arrive to release Samantha. Has Paul committed any crime under the Ohio Revised Code and, if so, which?

Yes - Paul is guilty of "Unlawful Restraint" under ORC 2905.03

Thad is employed as a nurse at the Twin Oaks Rehabilitation Center. The Center is a health-care facility for persons recovering from major surgery and serious accidents. Amanda Kristen Ashley is a hot young movie actress who is admitted to Twin Oaks following surgery to repair a broken leg sustained in the recent film, "The Fast and the Furious 12 - Who Cares Anymore?" She is confined to her room and spends a good deal of time unconscious from pain-killing medication. Thad is assigned to her room. Amanda is really "hot" and Thad one day Thad "feels her up" while she is knocked out. He fondles her breasts and genitals through her pajamas for a major sexual thrill. He never makes skin-on-skin contact. After becoming aroused, he masturbates. Under Ohio law is Thad guilty of a sex offense and, if so, which one?

Yes - Sexual Imposition - ORC 2907.06

Amy Bradshaw is a beautiful woman who is the CEO of Globalux Industries. Her personal assistant is a 24-year old man named Jared. Amy enjoys teasing Jared and making remarks of a sexual nature because she knows how embarrassed he becomes. She also gets a sexual "thrill" out of this because Jared has a "real tight butt." Globalux has a big deal in the works with the Hugeco Corporation. Amy is on her way to the big meeting when she sees Jared. She then forcibly grabs Jared's crotch and briskly rubs it "for luck." She then goes in to her meeting. Under chapter 2907 of the ORC has Amy committed any crime and why or why not? (Remember sexual contact and sexual conduct)

Yes - She is guilty of Sexual Imposition - 2907.06

Veronica is a high-price professional prostitute (age 28) and bad driver who has accumulated fifteen traffic tickets and owes over $3,000 in fines and court costs. There is a warrant out for her for failure to appear in court. She is driving one night to meet a client for a "date." She is doing 95 mph in a 50 mph zone. She is pulled over by Officer Brad Studley for speeding. He runs her license plate and finds the warrant. He tells her, "Sorry Veronica. But you are under arrest and I will have to take you in." She responds, "Look, I have a date worth $3,000 waiting for me. I'll give you a freebie (full penetrative sexual inter course) if you let me go. I promise I'll take care of the tickets." Brad has recently broken up with his girlfriend and is "feeling frisky." Veronica is obviously a skilled professional and he agrees. The two go into a nearby field, put down a blanket and Veronica gives Brad a "wild ride." He lets her go. Is Brad guilty of any violation of the Ohio Revised Code and, if so, what?

Yes - This is "Sexual Battery" under 2707.03 of the Code

Waldo is a college student invited to a fraternity party. He is from a small fundamentalist religious community, has never had a drink in his life and is considered to be extraordinarily "unhip". As a joke some of the others at the party place a strong hallucinogenic substance in Waldo's root beer without his knowledge. Waldo leaves the party and, while under the influence of the drug, breaks into and enters a bakery. He is found by police in a dazed state wolfing down blueberry pie. At his trial for Breaking and Entering and Theft he interposes a type of "Intoxication Defense." Will he be successful and why?

Yes - This is Involuntary Intoxication which is a complete and perfect defense to any crime.