1997 Criminal Law - CRIMINAL LAW Sections A2 & A3 Final...

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CRIMINAL LAW Sections A2 & A3 Final Examination December 12, 1997 Two & '/Z Hours 1 :OO-3:30 OPEN BOOK Instructions The three problems are of meaual weight in grading. Each is worth a point value proportionate to its suggested testing time. Budget your time accordingly. hs-blv raised in each ~roblem even thou& vow resolution gf a prior issue ' in the same ~roblem mavm icallv make decision of the othe r issues . . ~rnmaterid. 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 as 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 1. (60 minutes) Consider the following facts: PAGE 2 Shortly after Gary and Brenda Lawrence were married, they separated, and another man, Michael Finken, moved in with Brenda and her two daughters, Stephanie and Kimberly, and Stephanie's friend, Rachel. On July 28, 1994, Gary and Michael drove Brenda to work and then drank beer at a fiiend's house. Later, Gary and Michael picked Brenda up and the three returned to the fiiend's house where they drank two six-packs of beer each. After the three returned to Brenda's apartment, Gary and Michael argued and Gary hit Michael when he learned that Michael had been sleeping with Brenda. Gary and Michael seemed to resolve their differences, and Michael fell asleep on the couch. Gary and Brenda conversed, and Brenda went through the house collecting weapons-including a pipe and a baseball bat. Gary and Brenda told Kimberly and Rachel that they were "going to knock off Mike." Gary told Kimberly to "stay in your bedroom no matter what you hear." Thereafter, the girls heard what they described as a pounding sound. At one point, Rachel stated that she heard the victim say, "stop it, if you stop, I'll leave." She stated that she heard that statement several times. Kimberly stated she heard the victim say "please don't hit me, I'm already bleeding." The victim's pleas, however, were met with more pounding. Once the
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1997 Criminal Law - CRIMINAL LAW Sections A2 & A3 Final...

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