You are basically asked to identify and analyze so-called "issues" generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.
Criminal Law Exam - Sample Essay Darvin and Zoluff, respectively wife and husband, are eating dinner with their year-old daughter Prozake. Darvin is agitated by the news that a family-planning clinic has just opened its doors one block down the street in their neighborhood.
She turns to Prozake: Next morning Darvin hides in thick bushes outside the clinic. Darvin drives her three miles to the edge of town, unties her, and lets her out. The following day Zoluff sees an assembly of demonstrators outside the clinic quietly parading in front of the clinic door.
They carry signs supporting the clinic and protesting treatment of the teenager mentioned Criminal law school essay questions. Next Sunday an hour after sunset the clinic appears to Darvin to be empty of people.
Intending to smash surgical equipment inside the clinic with a five-pound hammer, she pries up a rear window, drops inside, and locates an oxygen tank. Darvin could be validly convicted of conspiracy, kidnapping, assault, battery, attempted murder of the teen, disruption of public assembly, burglary, malicious mischief, malicious trespass, arson and murder.
Conspiracy is the unlawful agreement between two or more persons to commit an unlawful act. There must be the specific intent to agree to commit the target offense.
In addition, some modern law jurisdictions require an overt act done In furtherance of the conspiracy. Particularly if this language refers to murder. However, the prosecution could argue to the contrary, that all that is needed is an assent.
Thus, the evidence supports a conviction of Darvin for conspiracy. Unlawful assembly is the gathering of three or more persons with the specific intent to: The P will want to argue that Prozake was the third person of the gathering in order to convict for unlawful assembly.
D might want to argue that Prozake was not in on the crime, and therefore, D would not be guilty of unlawful assembly. To do this, D might try to argue that D was a minor and therefore unable to be part of the unlawful assembly.
The P will counter this by stating that children over the age of 13 are presumed to know their action and can be held liable for crimes. However, it appears the evidence supports Prozake was in on it. D might also want to argue that Prozake was in on the crime. Therefore, the prosecution must decide whether to prosecute for Conspiracy or Unlawful Assembly.
However, there is sufficient evidence to convict D of unlawful assembly. Kidnapping at common law was the unlawful confinement of a person without their consent whereupon they were sent out of the country. At modern law kidnapping is the unlawful confinement and movement of another without their consent by force or fear.
Some jurisdictions require substantial movement, while others require only the slightest movement. Kidnapping is an inherently dangerous felony and requires the specific intent to confine.
Here, when D jumped out of the bushes and pointed a revolver at the teenager, she confined the teenager by force or fear. To satisfy those jurisdictions which require substantial movement and slightest, for that matterwhen D drove the teen three miles to the edge of town, there was movement of the victim.
Thus, D there is sufficient evidence to convict D for kidnapping. There would also be sufficient evidence to show aggravated kidnapping, as a deadly weapon was used by D in its commission.
Battery is the unlawful application of force to another person which results in an offensive touching or a personal injury. Battery is a general intent crime, so specific intent here is irrelevant. Here, when D tied up the teen, she caused an offensive touching.
Even stronger, because there was a cut inflicted on the teen while D was tying her up, there was a personal injury inflicted. Thus, the D is guilty of battery. Assault can be found in either of two ways: Assault can be found by attempted battery when there is a specific intent to commit a battery and when there is a substantial step taken toward committing that battery.
Here the intent to commit an unlawful touching can be shown when D was lying in wait in the bushes for a victim and jumped out of the bushes pointing a revolver at her.
In addition, when D tied up the victim, her specific intent to commit a touching was present. Thus, D can be found guilty of assault of the attempted-battery type based on the evidence.
Assault on the apprehension basis is shown when there is 1 the specific intent to commit a battery; 2 the perp commits acts which are proximately and directly likely to result in personal injury or an offensive touching; and 3 actual apprehension. When the D went to the clinic and jumped out of the bushes with the revolver, D committed acts which would directly result in an offensive touching or injury to the teen.QUESTION: Discuss what common law felony crimes Drake could be charged with, and what arguments he might make to counter those charges.
(The jurisdiction where the trial is to be held follows the majority rule.) Criminal Law (15th Edition), QQ and ; Model Penal Code, Q 2 Criminal Law Exams with model answers; Real Property Exams with model answers; Commonly-Asked Questions on How to Answer Law School Exam Questions: and 90% is based on your essay score, focus primarily on practicing essay questions.
If it is the opposite, focus primarily on practicing multiple choice questions. CRIMINAL PROCEDURE ESSAY QUESTION #2.
MODEL ANSWER. Sophie, a police officer, out of uniform, showed up at Mariah’s house, knocked, and asked if she could enter to enact a warrant.
The warrant was a search warrant, issued by Magistrate McGuire, a former patrol cop for. For QUESTIONS ONE, TWO and THREE, you need only refer to the following list of state statutes for all substantive crimes. For criminal law defenses, however. Concise focused coverage of criminal law & procedure, acronyms-mnemonics memory aids, question maps cross-reference text to questions, over multiple-choice questions with full answers, essay questions with grading guides and answers, Magic Memory outline.
For QUESTIONS ONE, TWO and THREE, you need only refer to the following list of state statutes for all substantive crimes. For criminal law defenses, however, refer to your own knowledge under both the common law and the Model Penal Code.