Part A: Answer each of the following questions in a composition of 10-15 sentences.
Vinnie, a 72-year-old millionaire woke up to a sudden and sharp pain in his abdomen in the early hours of the morning. To his horror, his intestines were spilling out of a wound the size of a navel orange. Grasping his belly with one hand, he used the other to call 911 for help.
The sound of sirens awakened Vinni’s wife Susie, age 32, who was asleep in another part of the house. Susie became hysterical and cried out to officers, “Don’t let my husband die!”
Investigators searched the home and found the shotgun shell under Vinnie’s bed. The shell was traced to a gun owned by a family friend, Doris. Doris denied any involvement in the shooting. There wasn’t much evidence to tie her to the shooting; after all, Vinnie saw nothing of his assailant and since Doris was a family friend, her hair and fingerprints in the house were easily explained.
Out of the blue, Doris approached police and admitted sneaking inside the home and pulling the trigger, but said she did it to save Susie’s life. Doris claimed Susie feared her husband was going to kill her someday with food poisoning. Doris also admitted she was attracted to Susie, and that Susie and Doris once had a “fling”. Doris also told police that Susie promised to split the big life insurance policy with Doris for helping her out. Doris agreed to do the shooting. Susie told Doris she would leave the back door open, and instructed Doris to use it to gain entry into the house.
Several months passed, yet neither of the women ever spoke again about the plan. Without Warning, Doris simply decided, “Tonight’s the night,” but failed to communicate her intent to Susie. That’ night, as expected, the back door was unlocked. Vinnie lived for eleven months and three weeks. He eventually died from acute infection.
1. What, if any, charges would you bring against Doris? Discuss fully.
2. If you find that the women conspired to commit any crime, discuss whether either could claim she withdrew from the conspiracy.
3. What defenses would you raise in defense of Doris? Discuss fully.
4. Assuming both women are arrested, which of the two is more culpable for the death of Vinnie.
5. Did either woman have motive to want Vinnie dead? Discuss fully.
Part B: Answer each of the following questions in two to five sentences.
1. Define the difference between a crime and a tort.
2. What are the elements of “homicide”?
3. How is robbery different from burglary?
4. When is deadly force justifiable in self-defense?
5. How does criminal law differ from civil law? Can certain conduct violate both criminal and civil laws?
6. Why is consent not a defense to the crime of statutory rape?
7. What is the difference between competency and insanity?
8. Define direct contempt and provide an example.
9. What is the difference between the crimes of kidnapping and false imprisonment?
10. Does the Fifth Amendment prevent a defendant from being tried in federal court and state court for the same offense? Explain.