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1998 Criminal Law

1998 Criminal Law - EX,kMNO CRllLIINAL LAW Section A2 Final...

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EX,kM NO. CRllLIINAL LAW Section A2 Final Esamination December 22, 1938 2 K Hours 1:OO-3 :30 'Tn the interest Ofstreamlining thejudicialprocess, we'll skzj the evidence and go direr3 fo sentencing.'' OPEN BOOK Instructions The three problems are of unequal weight in gading. Each is worth a point value proportionate to its suggested time. Budget your time accordingly. h s w e r all the questions reasonably raised in each problem even though your resolution of a prior issue in the same problem mav technicallv 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 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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CmIINAL LAW EXBLLM NO. I. (60 minutes) Consider the following facts: , at 7:00 p.m., defendant, Jason Goecke, and a friend, in Troy where they purchased beer. From 7:00 p.m. until 8 3 0 p.m., Goecke and Glutz drank beer as they sat in the parking lot of the liquor order to find another place to drink. The two drank beer as they d?ove around the area, waiting for the police to leave the parking lot. "Several hours later, at approximately 1130 p.m., Goecke and Glutz were drivins on Wide Track Drive near Cass Road in the city of Pontiac. Wide Track Drive is a main - thoroughfare through the city of Pontiac and is a five-lane southbound highway, with four lanes for through traffic and one turn lane. One witness testified that he first noticed T",kll'Jl.i Goecke when his car came 'flying' past the witness7 car, nearly hitting his van. Goecke's Vdwg speed was estimated at approximately seventy to eighty miles an hour. According to the / testimony, this witness attempted to dnve up to Goecke's vehicle to advise him that he almost hit the witness' van and that he should slow down. The witness also testified that Goecke7s h ead was at an 00 u 'barely conscious.' "Goecke's passenger on the night of November 11, 1993, Glutz, also testified at the preliminary examination and indicated that Goecke may have driven through a red stoplight at the intersection just before the intersection of Wide Track Drive and Orchard Lake Road. Glutz testified that Goecke had drunk so much and was driving erraticallv ' f f o JO LW;L,-- '.
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