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1988 Criminal Law

1988 Criminal Law - EXAM NO CRIMINAL LAW Final Examination...

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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.
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CRIMINAL LAW EXAM NO. Didi has been a p r o s t i t u t e f o r about 1 0 years. About three years ago, while undergoing medical diagnosis and treatment for another ailment, she learned t h a t she was a c a r r i e r of the AIDS virus. When Didi learned she had AIDS, she b r i e f l y considered retirement. She ultimately decided t o continue committing acts of prostitution, however, but t o use condoms i n order t o t o t a l l y eliminate the r i s k of infecting her patrons. One of D i d i f s regular (twice-monthly) patrons f o r the past 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 the AIDS virus. Vic was diagnosed as 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 the l a s t twenty years had been Didi and h i s wife, Wanda. Vic swore that,
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