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Part One- Questions 1-9 are short essay questions. The answer should be as long

by | Jul 1, 2021 | Accounting | 0 comments

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Part One- Questions 1-9 are short essay questions. The answer should be as long as may be necessary to answer the question. No specific length is otherwise required. 1) What are the differences between civil and criminal codes and systems of law? 2) What does the term “responsibility” mean in the criminal law? 3) What does the term “morality” mean in the criminal law? 4) Explain how and why a criminal act may violate both State and Federal Law, subjecting the defendant to prosecutions in both Federal and State court 5) We know that when the mens rea and actus reus comes together, a crime is committed. Explain the definition of an attempted crime, and how the law views the facts, as they occurred, to determine if an attempted crime can be charged. 6) Sometimes, even though a crime may have occurred, a defendant can assert that she did not cause the result. What do the terms foreseeability and proximate cause mean in the criminal law? 7) Sometimes, even though a crime may have occurred, the defendant asserts the defense of physical impossibility. Explain this defense, and give examples of it. 8) Consent can often present serious issues: Assume that a person is promised a business promotion if the person has sex with the boss. After they have sex, the boss refuses to promote the person, and the person claim that the sex was nonconsensual. Based upon the foregoing facts, was there consent? Explain fully. 9) Given the law’s requirement that “voluntariness” must be the basis of “responsibility”, why isn’t voluntary intoxication generally successful as a defense? *********************************** These three essay questions are “longer” fact patterns, but, once again, the model answer has no specific length. ESSAY ONE: John and Bill agree to hold up a liquor store. They walk into the store and put on masks; John pulls out a pistol. Bill is angry and tells John “we agreed that there would be no weapons”! John responds, “Shut up and get the money out of the register”. When the salesperson moves too slowly to open the register, John slashes the salesperson in the face with the pistol, opening up a deep slash in the salesperson’s face and skull. When Bill tries to stop John from pistol-whipping the hapless salesperson, John smashes the gun into Bill’s mouth, causing Bill to spit out three teeth. As they leave the store, Bill faints from the pain, and John is able to escape, although is later captured. What crimes will Bill and John likely be charged with. ESSAY TWO: Robert comes home to learn that his house has been burned down, and that his wife and children have perished in the fire. Three days later, Robert learns that the alleged perpetrator has been arrested. Robert is brought to the police station to be questioned about whether he has ever seen the suspect before. Robert takes an icepick to the police station and attacks the suspect, and nearly kills him. Will Robert be charged with Attempted Murder? Explain your reasoning fully. ESSAY THREE: When William breaks into John’s home at night in Miami, and John quickly calls 911. Suddenly, William attacks John with a knife. John wrestles the knife away and, during the fight, William falls on the knife and falls to the floor, where he bleeds to death. John, covered in William’s blood, runs from his home, just as a police cruiser is responding to the 911 call. John is holding the bloody knife as he runs toward the police officer. John either ignores or doesn’t hear the officer’s calls to stop and drop the knife, and is shot and killed. Based on the foregoing fact pattern, explain how the law differentiates between justifiable and excusable homicide

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