Linda and Danny, two high school students very much in love, went for a ride in Danny’s Bronco one evening. Finding a secluded spot on a backwoods road near an open field,
Description This is the Final Exam. A few words before you begin it. 1. Understand the questions. 2. Understand the question. 3. Understand the Statute that applies. Makes sure that it really does apply . 4. Understand the question
Instructions 1. Following are 7 cases, taken from actual reported incidents. You must answer the first three and then pick any two of the others and answer the questions for each. (You will answer a total of five cases.) 2. If you are asked to state a charge or a defense, state the name of the offense or defense, and give the Criminal Code citation that applies. 3. Please confine your answers to crimes and defenses actually reviewed during Semester, the text, and the Lectures. If you go beyond that invariably you will be wrong. 4. If you are asked to explain your answer give a short, simple statement of your reasoning.
1. Linda and Danny, two high school students very much in love, went for a ride in Danny’s Bronco one evening. Finding a secluded spot on a backwoods road near an open field, Danny parked the Bronco and the two moved to the fold down rear seat. At the same time, and about two hundred yards away, Randy Swift was making the rounds of his coyote traps. Randy had a license to hunt coyotes which allowed him to night hunt. Earlier in the day he had placed bait in the field next to the road. He was being assisted by his good friend Collins. Having finished checking one bait site and finding nothing, Randy and Collins turned on a powerful light covered with a red lens (so as not to frighten animals) and shone it at the next bait trap. Randy looked through his 9x scope and saw what he thought was the reflection of a coyote’s face and eyes. He carefully aimed and fired. Unfortunately, he was actually looking at the side mirror on the Bronco. Linda and Danny, in the midst of a loving embrace, heard something hit the side of the Bronco and Linda complained that Danny must have bitten her shoulder. They suddenly realized that she was bleeding from a gunshot wound, hurriedly dressed, and drove to the nearest hospital. On the way down the road they paused long enough to get the license number on Randy’s truck.
a. What charges, if any, could be brought against Randy and Collins
under Common Law? (2 points)
b. What charges, if any, could be brought against Randy and Collins under the Maine Criminal Code? (2 points)
c. Assuming that Linda died from loss of blood, what charges could be brought against Randy and Collins?
1. Under the Common Law; (1 point)
2. Under the Maine Criminal Code. (1 point)
d. Assuming that Danny and Linda were actually on Randy’s property and were planning to destroy the coyote trap , what defense, if any, would
Randy have under either the Maine Criminal Code or Common Law?
e. What success, if any, would he have with that defense? Explain your answer.
2. Christopher Arnold, his wife, and their two children, a son age 4, and a daughter age 7 , went out shopping In early November. They stopped at Walmart to buy a comforter for a bed. The comforter was wrapped in red ribbon. They returned home, made pizza and then sat down to watch a movie. Mrs. Arnold complained of a headache and Chris went out to buy some Excedrin. He drove to a convenience store and bought the Excedrin and withdrew $350 from an ATM. He then drove to another town and bought cocaine from a “Mr. Ralphie.” After snorting two lines of coke he then met two friends at a bar before returning home. When he entered the master bedroom he saw his son’s body on the floor with a red ribbon wrapped tightly around his neck. His daughter was on the other side of the bed with another red ribbon around her neck. His wife had a blue rope tied around her neck which led him to believe she had killed both of their children before attempting suicide. She was gurgling. He picked up a nearby flashlight and struck his wife in the head with numerous times. He then attempted suicide by a drug overdose. He was awakened the next morning by his daughter who asked him to remove the ribbon. His wife was dead from the flashlight blows. He then called the police to report the deaths.
a. What charges could be brought against Arnold under the code? (2 points)
b. Which is the most appropriate charge? Explain. (2 points)
c. What defense does Arnold have? Explain. (2 points)
3. Sally McBride, age 37, was at a mini-shopping mall doing some holiday shopping. She returned to her SUV, put her packages in, and began to leave the parking lot. At the same time, near the end of the lot, three young teens, Fred Hanesworth, age 15, Mike Anthony, age 14, and George Elberts, age 15, were hanging around bouncing a golf ball. As Sally drove by the three, the golf ball took an extra bounce, got away from Elberts, and hit the side of Sally’s SUV. She stopped and got out and the boys came over and apologized. A close inspection revealed no dents, scratches, or damage. Sally got back in her SUV and began to drive away. As she was exiting the lot she suddenly made a U-turn across the concrete median and drove at the three boys. They tried to run but she hit all three, knocking Fred and Mike to the side and running over George. She then stopped her SUV, got out, and walked back to look at the three. Fred and Mike were trying to stand, George was unconscious and bleeding from a head wound. She went back to her vehicle, lit a cigarette, smoked it, and then drove off.
a. With what crimes can Sally be charged under the Maine code? (3 points)
b. If George dies as a result of his injuries, what is the most appropriate charge against Sally? Explain you answer. (2 points)
c. Does Sally have any defense to the charges? Explain why or why not. (2 points)
4. Lucretia Grimes, a strict vegetarian and worshipper of nature, goes to Captain Young’s Lobster Pound at night, climbs over the fence on the wharf, and cuts open all the holding tanks, releasing the lobsters back into the harbor. When she is caught at the scene, she tells the police that she had to free the lobsters because she considers them sacred and entitled to life, the same as her human brothers and sisters.
a. With which crime(s) can she be charged under the code? (2 points)
b. What is her defense under the code? (2 points)
c. Will she be successful in her defense? Explain. (2 points)
5. Chris Possum and Jon Brown, ages 18 and 19, were old friends who had gone to school together and hunted with each other. However, on one Saturday night, their friendship ended in a violent exchange of shotgun fire. Brown who was unemployed, claimed that Possum, who worked at a fast food restaurant, owed him $1,000. He went to the restaurant and demanded payment. An argument ensued until it became so heated that they decided to end it with a fight. The weapons chosen were shotguns.
After leaving the restaurant, the two men drove in separate cars to a deserted parking lot along with four friends. As soon as the two got out of their cars they opened fire at a distance of about ten paces. A car window was shattered and a tire blown out. Possum was hit by ricocheted pellets during the exchange of about ten rounds. Brown drove off and Possum picked the pellets out of his skin. Police were called and found Possum hiding in an apartment complex with a shotgun. He claimed he was trying to protect himself. Brown also was arrested later.
a. With which possible crimes could the men be charged under the Maine Criminal Code? (4 points) *
b. What possible defenses do either men have? What is their chance of succeeding with the defense? Explain. (2 points)
c. Assuming that at least one had been a decent shot and killed the other, with what offenses could the survivor be charged under the
Maine Criminal Code? (2 points)
* There is no crime of Felony Stupid in Maine.
Sylvester Simon, known locally as Simple Simon, after having consumed several bottles of coffee brandy, decides to remove a tree stump in his front yard. He places several cans of black powder around the base of the stump, lights the fuse and the result is to send the stump seveal hundred yards down the road where it lands upon Oscar Myer, instantly killing him.
a. What crime(s) can Simple be charge with under the code? (3 Points)
b. What will be his most likely defense? (1 point)
c. What chance do you think he has with the defense? Explain. (2 points)
Cathy Tyler, bought a home in the small coastal village of Slurry and found great joy in early morning walks on the beach. One morning she was approached by Peggy Grimes on the beach in front of the Grimes home, and was warned by Peggy that she was trespassing on private property. Cathy told her that she had the right to walk below the high-water mark. A week later, while walking on the beach below the high-water mark, Cathy was suddenly confronted by John Grimes, who told her to get off his property. She continued to walk on and was grabbed by John who twisted her arm behind her back, threatened to rape or kill her if she did not stay off his beach, threw her down at a property stake, and called her a “god-damned bitch.” She hit her back on some large, sharp rocks and received numerous bruises. She called the police and pressed charges. As it turns out, private beaches are open only for fishing, bird hunting, and navigation, but not for pleasure walking.
a. With what crimes can John Grimes be charged under the Code? (4 points)
b. What defense could he raise under the Code? (2 points)
c. Will he be successful with his defense? Explain. (2 points)