2007CrimLaw - EXAM NO CRIMINAL LAW Section C Final...

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Unformatted text preview: EXAM NO. CRIMINAL LAW Section C Final Examination 3 Hours December 11, 2007 1:00-4:00 p.m THE L655, ‘ my one HMJMHQ‘QEN ”THE L’i‘ar’, HOT HWJCHL’ E. H To 9.2:. W. §:1r:rrnfl/_I%}jtnmv¢é 1 {’9’ {p ‘ 66>. OWE ‘THEi’E Wfi-‘E 9.3m. aw; AND. ofrwfiéaioflt' WAS 5mm A? Ema-65 THAN THE OTHER. “’wrtzswrfl‘ . . . .1 a fvg‘f 55*”;in QR”;- C.‘ c) watt “No Tau-42 To KILL" ”(HE REF-“EST I? ALWAY‘} GF THE \. p . 2‘ “i ffiu‘iwk FGRTUNATEW. THE :‘NTENDEP Vic-rem macaw? WIND 0F Trlls 51W nurse QUMKLY. WHEN HER RNAL‘ZTOiE’WHE MAN ' EQHF- DEVISEP A FLA»: THAT SHE mun—v, SHE 1256:1969 To wanna MAKE HER mam DEATH TAKE nee out—— FEEMANEH‘M’. APPEAR AchDENTAL. i’ éns am: 1.45 JEALOB 1a: WORK HWOWEP we HOURS TAKING Hes; oVPonemf'sMerv A To? J08 «4 Hes HR. . our a-F raw mum LEFT HER on»; MADE: neg wmr mm W111“ No "me To MT MURDER. mm we awe... r . __ . f . _ 1&5 {0N6 H0653"; AND FELT“: ...PF£C~V£N(1, IN THE ERV. WHICH F’Aflfi EVErfldan (AUSEE’ HER one or THEM was gangs: AT To HAW: A HEART ATTACK... PLOT‘fiNb MuFEDERnoo. 6:11“. SOMEHDW. EHE \MST NEWER 601' Mount? To w. CRIMINAL LAW § C -2- EXAM NO. OPEN BOOK Instructions The three problems are of unmual weight in grading. Each is worth a point value proportionate to its suggested time. Budget your time accordingly. Answer all the questions reasonably raised in each problem even though your resolution of a 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 as a substitute for thinking, i.e. do not use case citations instead of clearly stating the relevant point of View. I. (60 Minutes) Consider the following factual scenario: In the early morning hours of October 13, 2003, Christian Trujillo and two sisters drove to the Savannah at City View apartments. Trujillo and the sisters went inside Megan Matone’s apartment on the second floor. Trujillo let the sisters leave with his car while he stayed in the apartment. When the sisters did not come back right away, Trujillo became very upset. He raised his voice and used curse words at Megan who managed to calm him down by giving him some of her antidepressant drug, Prozac. He called his friend, Eric Nunez, to come over and help him find his car. When Megan told him that they had returned, Trujillo walked to the balcony and saw Christopher Breed, Howard Roquemone (“Buddy”), and Michael Washington walking from the parking lot with the two girls. Trujillo and Breed started arguing about what the three men were doing with the sisters, but eventually everyone went inside the apartment. Inside, someone pushed Trujillo down on the couch and when he stood up, Breed hit him in the face. Eric then arrived and took Trujillo out of the apartment, followed by Breed, Buddy, and Michael who began to taunt and threaten him. As Trujillo and Eric walked toward the parking lot, Trujillo took a gun from Eric and walked back to the others who were CRIMINAL LAW § C -3- EXAM NO. standing at the bottom of the stairs. At this time, Breed also appeared to be holding a gun, although it turned out to be a toy gun. Witnesses testified that Trujillo came from around a comer and pointed his gun at Breed’s head. When Breed realized Trujillo was pointing a gun at him, he attempted to slap his hand away, but the gun discharged and resulted in his being shot. After Breed fell down, Trujillo kicked him several times and then fled the scene. Trujillo controverted the eye-witness testimony. He testified that he held the gun up to scare everyone and that Breed ran toward him with his “gun” pointed at Trujillo and hit Trujillo’s gun and then it discharged. He further testified that he kicked Breed because he thought he was still coming after him. Trujillo testified that he did not point the gun at Breed’s head as other witnesses had testified and that the gun discharged even though he did not have his finger over the trigger. Breed died from the gunshot wound. Cf. Trujillo v. State, 227 S.W.3d 164 (Tex. App. Houston {lst Dist.] 2006). Having moved to Houston after graduating from law school so that you could escape Western Pennsylvania’s winter weather and try and become the first lawyer—astronaut, you now find yourself employed as an Assistant District Attorney. The District Attorney, John Burkoff (played by Rosie O’Donnell), has asked you what chances of success you have of convicting both Trujillo and Eric Nunez on homicide and/or conspiracy charges. Discuss the possibilities and your likelihood of success. I]. (75 minutes) The Spittsburgh, Spennsylvania Police Department received an anonymous call reporting that a young man in a black and gold jacket was leaning against the wall of the Spitt Law School Building, smoking marijuana. Immediately, a SWAT Team rushed to the site. When they arrived, they saw two young men, Barack Obama and Mitt Romney, and a young woman, Hillary Clinton, leaning against the wall. Barack was wearing a black and gold Spittsburgh Speelers jacket and was smoking something that looked like a cigarette. The police officers rushed toward him, grabbed the cigarette, and Barack yelled, “Don’t be taking my weed, man!” (A subsequent test of the contents of the “cigarette” revealed, however, that it was a blend of tobacco, oregano, and garlic powder.) After the officers grabbed his cigarette, Barack immediately ran away down South Spoquet Avenue. Mitt and Hillary also ran away at this point, but in a different direction than Barack. After running for two blocks, Barack dashed into the street and smacked right into John McCain, who was riding a bicycle, knocking John to the ground. John’s bike careened into a CRIMINAL LAW § C 4- EXAM NO. pedestrian, Ron Paul, who had just been released from a mental institution that morning. Ron, believing the bike was actually a poisoned spear that had just been thrown at him by John, reached into his backpack and removed a semi—automatic weapon and sprayed the area with gunfire. Barack was wounded, and John was killed by the gunfire. Meanwhile, Mitt and Hillary ran up Sforbes Avenue. As they were running, they saw Fred Thompson riding a motor scooter, who was about to run over a small child. In order to save the child, Mitt and Hillary both hurled themselves at the scooter and toppled it over just before it actually hit the child (who was actually not a child at all, but rather a Rottweiler dog dressed in a child costume). Fred fell off the scooter and broke his nose. His scooter then careened into a pedestrian, Johnna Edwards, causing her purse to fall from her arm and the contents to spill out on the street. Mitt and Hillary saw that there was jewelry spilled from the purse and they looked at each other, then grabbed it and began to run again. Unfortunately for them, they ran right into a police officer who arrested them both. In a subsequent pat-down search, the officer found that Hillary was carrying strange-looking, hand—rolled cigarettes on her. “Hey, don’t be taking our tobacco—oregano-garlic powder smokes, manl,” both Mitt and Hillary cried out. (A subsequent test of the contents of the cigarettes revealed, however, that they contained marijuana, only marijuana.) You are an Assistant Public Defender in Spallegheny County where Spittsburgh is located. The Chief Public Defender, John Burkoff (played by [43an James), has asked you to defend all the defendants in this case who are facing the following charges: (1) Attempted possession of marijuana charges against Barack; (2) Homicide charges against Barack and Ron for the death of John; (3) Attempted murder charges against Ron for the shooting of Barack; (4) Assault charges against Mitt and Hillary for breaking Fred’s nose; (5) Conspiracy to commit theft charges against Mitt and Hillary for taking Johnna’s jewelry; and (6) Possession of marijuana charges against Mitt and Hillary. What are your chances of success in defending against these charges? Why? III. (45 minutes) You are a Pennsylvania legislator. A colleague of yours is considering introducing a bill to criminalize the “use” of cell phones in “restaurants, public places, or while riding on public transportation.” She wants to make such an offense a misdemeanor, punishable by a mandatory minimum of 3 days in jail for a first offense, 30 days in jail for a second offense, and 1 year for a third or subsequent offense. (1) Considering expressly the rationales for criminal punishment discussed in this course, do you think that this is a good piece of legislation? Why or why not? (2) If this proposed legislation passes, how should a court rule when a person who is accused of violating this statute simply on the basis of receiving a call which she did not answer CRIMINAL LAW § C —5- EXAM NO. while standing on the sidewalk outside of her apartment building claims that it does not cover her conduct? Suppose further that the newly-enacted legislation would add an additional, mandatory 60-day imprisonment penalty if the cell—phone user speaks above 80 decibels (the noise level of a telephone dial tone) while using the phone. (3) Should a sentencing judge add this additional penalty to the ordinary sentence she would give if she decides by a preponderance of evidence that the cell—phone user was screaming? from the were: {this of weeks! wonderland of wagggepy MG - . - X canno n Jeezml'm never sauna get me no sleep silt: ' ' riot to mention than sit ' them dang headlights shinin’ in my window. ; ’ , with at me 19 "came £31m: meg? Professor Burkoff ...
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