Homicide
A man went into a high school and took an unattended backpack. As he was slowly driving his car out of the school parking lot, he accidentally hit and killed a student who ran out from behind a parked car. Is the man guilty of murder?
No. Murder is the unlawful killing of another person with malice. The four ways to establish malice are by showing intent to kill, intent to commit great bodily harm, gross recklessness, and felony murder. The man did not intend to kill or commit grievous bodily harm, and he was not being reckless. Felony murder doesn’t apply because larceny of a backpack is not a violent felony.
Lewis threatens to kill Clark if Clark does not steal valuable camping equipment from his employer. Clark reasonably believes that Lewis will do what he says, given Lewis’s past violent behavior. Clark steals the equipment and is charged with larceny. What is Clark’s best defense, if any?
Duress. Defense of duress is available where defendant commits a crime because of a threat by a third person which produces reasonable fear in the defendant that he will suffer imminent death or serious bodily harm if he does not comply with the third person’s demands.
Tom is enjoying his drink at the bar with his friends when an old buddy, Matt, approaches him and begins yelling at Tom for not paying him back the money Tom borrowed from the old buddy a couple of months ago. Matt raises and shoves his fists in front of Tom’s face and breaks the beer bottle that Tom was drinking. Did Matt commit a battery?
No. Battery occurs where there is an application of physical force that (a) results in physical harm, or (b) is rude and offensive. Yelling at someone in a crowded bar and intentionally breaking the beer bottle is rude and offensive, but it is not a battery because there was no contact with Tom's body.
Mark and Sven are best friends and classmates at Hooligan High School. While in chemistry class, Sven was caught cheating on a pop quiz by Ms. Kelly, the chemistry teacher. Instead of sending Sven to the principal’s office, Ms. Kelly had him sit at the front of the class for the remainder of the period wearing a funny hat as a form of discipline. Sven felt embarrassed and upset. After class, Sven vented to Mark, saying, “I really don’t like Ms. Kelly! Someone should teach her a lesson!” That evening, Mark went to Ms. Kelly's house, took her recycling bin from the yard, and dumped its contents on her lawn. Is Sven guilty of solicitation?
Sven is likely not guilty of solicitation. For solicitation to occur, there generally must be a clear and intentional request or command for someone to commit an unlawful act. Sven’s statement, while expressing frustration, was vague and not a direct or explicit request for Mark to take action against Ms. Kelly.
Tom is in need of some extra cash to purchase law school books. He asks his neighbor Sally if he can borrow her lawn mower, intending to sell it. Sally agrees to lend Tom the lawn mower and Tom then sells it. What if any crime has Tom committed?
Larceny by trick. Tom has likely committed larceny), even though Sally initially agreed to lend him the lawn mower because larceny involves the unlawful taking and carrying away of someone else's property with the intent to permanently deprive them of it.
Here, when Tom borrowed the lawn mower, he had no intention of returning it to Sally, but instead planned to sell it. This indicates that he never intended to return the property to its rightful owner. By selling the lawn mower instead of returning it as agreed, Tom is converting Sally's property for his own use.
Pam and her fiancé Sam got into a huge fight in the parking lot of WSU. Sam slapped Pam and called her nasty names. Pam then seemed to go berserk. She screamed at him, took out a pocket knife she carried in her purse and stabbed Sam in the chest. He died a few days later from the stabbing. Of what type of homicide is Pam guilty?
Voluntary manslaughter. This crime may be seen as murder, but one committed in the “heat of passion.” VM occurs when there is said to be a sudden provocation serious enough that it would cause a reasonable person to act in the same violent way as the defendant did.
Phil is piloting a hot air balloon around the world, accompanied by 5 paying passengers. The balloon starts to lose altitude, and Phil throws all passengers’ belongings overboard, hoping to lighten the basket load and regain altitude. If Phil is charged with larceny, what defense should he assert and will that defense prevail?
Defense of necessity which will be successful. Defense of necessity is available to an actor where he is faced with clear and imminent danger of harm to someone; he reasonably believes the actions will be effective in removing the danger; there is no legal way to avert the harm; the harm chosen does not exceed the harm threatened; and the actor did not substantially contribute to or cause the danger. Phil’s action meets all the elements.
Robb is very angry at his wife for all the Christmas shopping the wife did without first asking him. He threatens the wife by pointing a gun at her and threatening to destroy all the gifts and shoot the wife. The wife does not know it but the gun is not loaded. Robb does nothing further. Did Robb commit any crime? Indicate any difference between modern and common law approaches.
Yes assault, under modern approach. Under modern approach, assault is (a) an attempt to commit battery; or (b) an attempt to place the victim in apprehension he will be harmed (fear of imminent injury). No, under common law, because at common law, assault was an attempt to commit battery and here Robb merely threatened the wife.
Kendra and Kim went shopping at South Coast Plaza on their lunch break. After they ate a quick lunch, they agree to walk around the mall before they have to return to work. They walk through Tiffany & Co. Kim asks the attendant behind the counter if she can look at a few rings displayed in the glass case. The attendant places the rings on the counter in front of Kim and Kendra. The attendant's attention is called to the other side of the store. Seeing this, Kendra makes eye contact with Kim, and then the ring. Kim winks at Kendra and Kendra responds with a nod and a smirk. Kim slips a ring in her pocket. As the women exit the store without paying for the pocketed ring, Tiffany & Co. Security tackles them to the ground. Can Kendra and Kim be convicted of conspiracy to commit theft?
Yes, because Kim’s wink and Kendra’s nod are likely sufficient to show they had agreed to steal the ring.
WSU’s Tort Law Society (TLS) was selling candy as a fundraiser. Angela had been at school since 7 am and had forgotten food and all of her cash at home. By 6 pm, Angela was starving and, while selling the candy for the TLS, ate one bar of chocolate. After eating one she couldn’t stop and ate 3 more before going to class. Has Angela committed a crime, and if so what?
Embezzlement. Angela could potentially be charged with embezzlement because she was in a position of trust or responsibility over the candy, and the circumstances involved a breach of that trust. Embezzlement occurs when someone lawfully possesses property but uses it for personal gain, with the intent to deprive the owner of its value. In this case, if Angela ate the candy without paying and had no intention of returning it, she could be seen as embezzling the candy from the Tort Law Society (TLS).
Matt fled the scene after committing an armed robbery. As he ran down an alley, a police officer aimed his gun at him and fired. The policeman’s bullet accidentally killed an innocent bystander. Iss Matt liable for the homicide?
Yes. The rationale is that the felon created the dangerous situation and should be responsible for any death that occurs during the commission of an inherently dangerous felony. The Robbery is not complete because Matt has not reached a place of temporary safety.
Rocky and Rambo meet on a sidewalk one day. Without any apparent provocation, Rocky begins to physically attack Rambo, Rambo reasonably fears that Rocky is about to kill him or do him serious bodily harm. Rambo knows that Rocky is a skilled and brutal fighter and that if he fights back with non-deadly force, Rocky is likely to overpower him. Rambo also knows that he could simply run away because he is a faster runner than Rocky. But Rambo does not want to act so cowardly and shoots Rocky to death. Under majority rule, is Rambo guilty of homicide?
No. Rambo meets the basic requirements of self-defense: (1) he is not the aggressor; (2) force was for self-protection; (3) he reasonably believed that use of deadly force was necessary to prevent imminent use of unlawful force; and (4) under the majority rule, non-aggressor does not have to retreat even if there is a safe place to retreat.
Billy is walking home from school and a white van pulls up to him. Greg, driver, tells Billy that his mom has been hurt and he has been sent to pick up Billy and take him to the hospital. Greg actually plans on taking Billy to a mountain cabin and holding him there until Billy’s dad gives him money for Billy’s safe return. Billy doesn't get into the van but stays with Greg for 30 minutes while telling Billy about the story about his mom. Can Greg be successfully charged with Kidnapping?
No—the element of asportation (substantial movement) has not been met. (elements: (a) Unlawful confinement, AND (b) movement of a person a substantial distance (asportation) (c) by force, threat of force, or deception (d) against the person's will (without his or her consent). (e) The mens rea of kidnapping is general intent.
Chris and Dominic are good friends who have just graduated from West Law School. They both love criminal law, they have both applied to the Olive County District Attorney’s Office, and are both at the final interview phase in the hiring process. While waiting for his final interview, Chris overhears a secretary say that the office can only hire on one new deputy district attorney. After his interview, Chris becomes more and more nervous that Dominic will be hired over him. Worried about not getting his dream job, Chris decides to kill Dominic. Chris invites Dominic to the local bar to celebrate the end of their application process. When Dominic isn’t looking, Chris drops what he thinks is a cyanide capsule in his beer. Dominic drinks the beer, but nothing happens. Upset that his plan failed, Chris double-checked the pill bottle and discovered he slipped Dominic a multivitamin rather than deadly poison. Can Chris be convicted of attempted murder?
Yes, because Chris had the specific intent to kill Dominic and took substantial acts toward the commission of the crime.
Sam breaks and enters Ed’s house during the night because he needed a place to sleep for the night. Under the Common Law—has Sam committed Burglary?
No. Sam didn’t intend to commit a felony once inside. Burglary involves: (a) breaking and entering a building or structure (usually a home or business) (b) without permission, (c) with the intent to commit a felony or theft once inside. It’s not necessary to complete the crime; the intent is what matters.
In anger, Justin assaulted Patrice. Patrice died from the injuries sustained during the attack. In most jurisdictions, could Justin be convicted of murder using the felony murder rule?
No. The assault would “merge” with the homicide. In most states, the crime upon which the felony murder rule is predicated must be independent of the felony resulting in the homicide. Here there is no independent purpose for the actions that caused death and cannot be used as a basis for felony murder.
Juliet is in her fifth month of pregnancy. Romeo walks up to her with a knife, and tells her, “Once you have the baby, I am going to kill you.” Juliet pulls out a gun and shoots him. What is Juliet’s best defense against a homicide charge and will it be successful?
Self-Defense. It will not be successful because self-defense is available only where the threatened force is imminent. Where the threat refers to the future, physical violence is not necessary, because other means, such as police help, are presumably available.
Demi, a top marketing executive, asks Stefan, her administrative assistant, to falsify expense reports to cover up personal expenses charged to the company's account. Stefan refuses, stating that doing so would violate company policy and the law. Demi then threatens to fire Stefan if he does not comply. Fearing the loss of his job, which he depends on to secure a mortgage for his first home, Stefan agrees and alters the records as instructed. Has Demi committed a crime?
Yes, Demi has likely committed a financial crime. By instructing Stefan to falsify expense reports to conceal personal expenses, Demi may have engaged in embezzlement or fraud. Threatening Stefan to coerce his compliance further exacerbates the wrongdoing, as it demonstrates intent and misuse of her authority for personal gain.
Jenny is a drug dealer. Undercover Cop, Andy, approached Jenny asking if she had any drugs to sell. Jenny showed him a few baggies and said “$20 each.” Andy said, “I only have $15, can I still get one?” Jenny responded, “deal” and took his money while handing him a baggie. Once the transaction was complete, Andy showed Jenny his badge. Jenny panicked and shot Andy in the chest. Andy was wearing a bulletproof vest and did not die. What can Jenny be convicted of?
Attempted murder and intent to sell drugs.
Sticky Finger’s, a professional pickpocket, takes Frantic Student’s wallet. Frantic Student was reading his Criminal Law Midterm at the time and didn’t feel a thing while his wallet was being taken. Is Sticky Finger’s guilty of robbery?
No—the wallet was not taken using force or threat of force likely to cause fear in the victim. The elements of robbery are: (a) the taking of property from another person, (b) the property must be taken directly from the person or their immediate presence (c) using force, the threat of force, or intimidation. And (d) the property is taken without the owner's consent.
Tim’s six-year-old daughter had a fever for several days. Although he had been giving her aspirin, her fever continued to rise. One day Anna’s fever got to 105 and she began to shake visibly. Tim did not have much money and did not have medical insurance, so he continued to put off taking his daughter to the doctor out of embarrassment. If Anna died the next day, is Tim guilty of manslaughter?
Yes, because he was obligated to get medical attention for Anna and did not. Criminal laws generally do not require one to act in the aid of another. However, certain individuals may have a legal duty to take affirmative action to assist others by virtue of their personal relationships. Because Anna was a small child and Tim was her father, Tim was obligated to seek medical attention when his daughter became very ill.
Anna is a law abiding citizen. One afternoon, while walking down a street, she notices a teenager running out of a store, holding a box. Anna reasonably believes (assume the belief is reasonable) that the teenager has just committed shoplifting and chases the teenager. She tries to tackle the boy down to stop him, but while falling down the boy cracks his head and suffers serious injuries. It turns out that the boy did not commit any crime and was running away after a family argument. Does Anna have any defense available?
Anna’s best defense option is Valid Arrest Defense by a Citizen. This will not be successful because a citizen may use non-deadly force to apprehend a person who the citizen reasonably believes has committed a crime if the arrestee has in fact committed the crime. Here, the boy did not commit any crime; therefore, the defense is unavailable.
Tom and Jerry enter WSU during the Criminal Law final and enter room 110 where the final is taking place. They pull out guns and tell the class they are holding them hostage until their Property finals are graded. Concerned about getting good grades and knowing that there was only 2.5 hours left for the exam, the students returned to their frantic typing. By the time the final exam period was up, the Property finals had been graded, and all the Criminal Law students completed their work and promptly left. Has the crime of False Imprisonment occurred?
No—under these facts it doesn’t appear the students were compelled to stay based on Tom and Jerry’s actions.
John, who was unhappy in his marriage, went to dinner with Holly one evening. During their conversation, John expressed his frustrations with his wife, saying, “If someone could take care of my wife, my life would be so much better. I’d even share the life insurance money with them.” Holly seemed intrigued, and John went on to provide her with details, including the fact that his wife was home alone on Monday nights. He also gave Holly a key to his house and his contact information, asking her to let him know once things were “handled” so he could compensate her. Holly took the key and reassured John she’d take care of it.
That following Monday, Holly used the key to enter John’s house, where she shot John’s wife. However, John's wife survived. What can John be charged with?
Conspiracy to commit murder and attempted murder. The elements of conspiracy typically include: (a) agreement: two or more people must agree to commit a criminal act or achieve a criminal objective, (b) intent: all parties involved must have the intent to commit the crime or further the criminal goal, and (c) overt act: in many jurisdictions, at least one party must take an overt act toward carrying out the conspiracy, even if the act is not illegal in itself, as long as it furthers the conspiracy.
Bob has given up his dream to become a world renowned face painter—his dislike for children makes the job difficult. In order to come up with the cash he needs to pay rent this month Bob tells the balloon artist, Pop, that if Pop doesn’t give Bob half of his profits, that Bob will distribute video clips of Pop engaging in the sale of drugs to all of his neighbors. Not convinced that he will get enough money from Pop, Bob tells his mother that he will purchase her prescription medication, used for her chronic arthritis, intending to use his mom's money to pay rent. Mom gives Bob $200. Pop gives Bob $100. Still short on the rent money, Bob knows that his neighbor always leaves her door unlocked. When Bob knows neighbor is out, he enters neighbor’s apartment and finds $500 in her freezer, which he takes. What crimes might Bob be charged with?
Extortion, Theft by False Pretenses, Burglary, and Larceny.