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Unformatted text preview: EXAM NO. CRIMINAL LAW Final Examination December 16, 1988 Two and 35 Hours 1:OO-3:30 THIS EXAMINATION MUST BE RETURNED WITH YOUR BLUEBOOKS "Paul Harrison, Colorado v. Harrison, meet Joe McFarland, Illinois v. McFarland." OPEN BOOK Instructions The three problems are of equal weight in grading. Budget your time accordingly. Answer -- all the guestions reasonably raised each problem even though your resolution of 5 prior issue in the same problem may technically make decision -- of the other issues immaterial. If you believe that you need more facts than are presented to adequately resolve an issue, indicate specifically what facts you believe you need and why. Specific citations to cases are welcome but not a substitute for thinking, i .e. do not use case citations instead of clearly stating the relevant point of law. CRIMINAL L A W EXAM NO. Didi has been a p r o s t i t u t e f o r about 1 0 years. About t h r e e years ago, while undergoing medical diagnosis and treatment f o r another ailment, she learned t h a t she was a c a r r i e r of t h e AIDS v i r u s . When Didi learned she had AIDS, she b r i e f l y considered retirement. She ultimately decided t o continue committing a c t s of p r o s t i t u t i o n , however, b u t t o use condoms i n order t o t o t a l l y eliminate t h e r i s k of i n f e c t i n g her patrons. One of D i d i f s regular (twice-monthly) patrons f o r t h e p a s t seven and one-half years was V i c Timrnons. V i c recently died as a d i r e c t r e s u l t of having contracted t h e AIDS v i r u s . Vic was diagnosed a s having AIDS j u s t nine months before h i s death. Before he died, V i c provided a sworn statement t o the police i n which he indicated t h a t h i s only sexual partners during t h e l a s t twenty years had been Didi and h i s wife, Wanda. Vic swore t h a t , p r i o r t o t h e l a s t nine months, he had had s e x u a l ~ r e l a t i o n s with Didi twice a month and w i t h Wanda about once a week. He also swore t h a t , p r i o r t o t h e l a s t nine months, he was not an...
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This note was uploaded on 01/17/2012 for the course LAW 5046 taught by Professor Johnburkoff during the Fall '11 term at Cornell University (Engineering School).
- Fall '11