CRIhIINXL LAW Section A1

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1 E'xAh1 NO. CRIhIINXL LAW Section A1 Final Examination December 20,2004 2% Hours 9:OO-11:30 THIS EWIINAT[ON MUST BE RETURNED WITH YOUR BLUEBOOKS OPE3 BOOK Instructions The three problems dre of unequal weight in grading. Eacli is worth J point value proportionate to its suggested time. Bucieet - your rime accordingl~.. Answer all the quesric>ns re:~sonal~l\r raid in each prohiern tx:tn rlioueh vour resolution ofa prior issue in the same :~roblem ma\ rrclinicallu make 2ec;sion ot ~ horher t issues immaterial. If you believ-e :hat xou need milre I'ms t llan Jre prcsenrzci ro.~ci~quately resolve an issue. indicate specificall!; \,v hat tics!:ou I~elie*:~ >.i)u nerd and '.v li!'.

2 CRIbIINAL LAW 3 A1 EXAM NO. 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. Consider the following scenario: I. (60 Minutes) "Kenyatta Francis testified that, on January 24,2001, he met with Quentin Wiley (a/k/a 'Heat7) to discuss the sale of one and one-quarter kilograms of cocaine he (Francis) had in his possession. Wiley told Francis that he knew someone who would buy the cocaine. Francis responded that he didn't want the buyer to know he was selling drugs, and that Wiley would have to 'serve7 him. That evening, Francis drove a Lexus sports utility vehicle (SUV) to the home of Wiley's girlfriend. He was accompanied by a friend, Corey Charles, who was not involved in the planned transaction. Wiley joined the two men, and they set out to locate the buyer." "Following Wiley's directions, Francis drove to the Concordia Apartments on Westwood Drive in Marrero. Wiley exited the vehicle, carrying the cocaine in a plastic garbage bag. Wiley walked a short distance and met with a man Francis later identified as defendant, Damaris Jackson. Jackson and Wiley walked toward one of the apartment buildings and disappeared from view, while Francis and Charles waited in the SUV." "When Wiley failed to return, Francis placed a call to his cellular telephone. He asked Wiley why the transaction was taking so long. Wiley told Francis that the buyer wanted to negotiate some changes in the original agreement. Francis exited the SUV, leaving Charles alone in the vehicle. Jackson approached Francis and told him he would take him to Wiley." "Francis and Jackson walked along the outside of one of the apartment buildings. At this time, Francis did not see Wiley. Francis observed that Jackson flinched nervously each time they passed a doonvay. Suspicious, Francis said, 'wait a minute. What's going on? I'm going to waste you right now, you're screwing with me.' Jackson then pointed a gun at him and said. 'Give it up. Give me all ~f your cash.' Francis attempted to reach for the gun. but Jackson fired at him first. X bullet went through

3 CRIMINAL LAW $ A1 E'WI NO. Francis7 shoulder and hit his face, and he fell to the ground. Jackson fled on foot, running toward the SUV, and Francis heard two more gunshots. Although he did not see what happened, he assumed Jackson was firing at Corey Charles." "A nearby resident called the police. Francis told an officer at the scene that Heat had set him up, and that Heat's real first name was Quentin. Francis was transported to West Jefferson General Hospital, where his injuries were treated." "At trial, Deputy Theodore Keelen of the Jefferson Parish Sheriff's Office testified that he went to the 1500 block of Westwood drive in response to a shooting call. He found Corey Charles lying on the ground, bleeding and gasping for air. He asked Charles what had happened. Charles told him that he was with a guy called Keyana [sic], and then Charles said that he could not breathe any longer. Charles was eventually pronounced dead at the scene. The position of bullet casings found at the scene along with Charles7 location when found by police indicated a chase had taken place. Bite marks found near some of Charles7 wounds also indicated that after he had been shot twice and was lying on the ground incapacitated, he had been mauled by at least two dogs in the neighborhood." Cf: State v. IViley, 880 So. 2d 554 (La. Ct. App. 2004). In search of the perfect beignet,' you moved to Louisiana right after your graduation from Pitt Law School and joined the Public Defender's Office. You are now defending Wiley and Jackson who have both been charged with the attempted murder of Francis, the murder of Charles, and conspiracy to murder Francis and Charles. Discuss your chances of successfully defending them against these charges. *bei*get. also bei-gne (ben-yay) (Regional. Food) n. Southern Louisiana X square doughnut with no hole: "an insidious Louisianian cousin df the doughnut that zsists to get powdered sugar on :your face.'' Los AYGELES TIMES.

4 CRIMINAL LAW 3 A1 EXAM NO. II. (60 Minutes) Ben and J. Lo spent the evening partying at a nightclub, the Dirty 0, located in the Shmoakland section of the city of Shmeverly Hills, in the state of Hollyvania (a state in the United States). Ben, who had been drinking heavily and had also ingested an illegal narcotic, shmectasty, became very "high." He was so high that he began to hallucinate that J. Lo was actually an old girlfriend of his, Gwyneth. He asked J. Lo (who he thought was Gwyneth) if she would have sex with him, right away, under the counter by the french-fry machines. J. Lo said "No. No. No." But, in his disoriented state, Ben thought that she said "Go. Go. Go." Ben then led the unresisting J. Lo to the french-fry counter, stripped off her clothing, and began to take off his own clothes. As he was removing his underpants, however, he bumped one of the fryers, spilling hot oil on a sensitive part of his body. He was bumed so badly that he blacked out. When he regained consciousness, he discovered that he had had sexual intercourse with J. Lo while blacked out and that she was standing over him, cursing at him in Spanish. "Gwyneth, what's wrong baby?," he said. Hearing that, J. Lo picked up a fryer and poured more hot oil on Ben's naked body, resulting in numerous third-degree bums in addition to the one serious burn that he had earlier endured. Ben was arrested and the story of his arrest ran in newspapers all over the country. Gwyneth read about Ben's arrest and became outraged because the way she interpreted the story, Ben thought that J. Lo was Gwyneth and he tried to rape her (Gwyneth). Gwyneth was so mad that she flew right out to Shmeverly Hills and went immediately to the hospital intensive bum unit where Ben was being treated. Gwyneth stormed right into the unit and headed over to the first bed she saw where a male, all wrapped up in bandages, was being treated for his bums. "Ben," she yelled, "You :V#! [censored]. You're dead, baby!" Then she pulled out of her (large) handbag and assembled (it took 4 minutes to assemble) a 25mm Barrett Armor Penetrator XM109, a semi-automatic weapon, and fired 25 rounds into what she thought was Ben. Fortunately, it was not Ben that was shot. The body was instead that of "blatt," a life-like bum unit training dummy upon whom two student nurses, Minnie and Winona, were practicing techniques for treating bum wounds. Minnie and Winona watched Gwyneth pull out and assemble the automatic weapon before shooting "Matt," but they did not attempt to stop her as they recognized her as a celebrity. Instead, they stood next to her and had her autograph their bum kits. Unfortunately, a bum patient, Jude, in the bed next to the bed containing the dummy shot up by Gwyneth became so agitated by these events that he had a heart attack and died. He was badly bumed and would have died anyway due to his bums. In the Medical Examiner's opinion, his heart attack hastened his death by at least half an hour. You are a Shrnallegheny County Assistant District Attorney (Shmeverly Hills is located in Shmallegheny County). The District Attorney. John Burkog (played by Queen Latifah), has asked you to investigate whether you can ~uccessfully prosecute: Ben for rape of J. Lo: J. Lo for attempted murder of Ben: Gwyneth for attempted voluntary manslaughter of Ben. desecration of

5 CRIMINAL LAW S A1 ELUM NO. a dummy (a felony in Hollyvania), and involuntary manslaughter of Jude; and Minnie and Winona, for involuntary manslaughter of Jude. What is your response? Consider the following observations: III. (30 Minutes) [The] standard complaint among criminal theorists is that legislatures and courts ignore us. According to [another commentator], "policy makers in the field of criminal justice should pay more attention to academic criticism." Why does the real world neglect us? Most of us are quick to blame others for consigning us to irrelevance. In particular, we all believe that criminal justice has been too thoroughlypoliticized. The most sensible answers to outstanding issues in criminal theory are unlikely to help candidates get elected or re-elected. [I] believe that the criminal law itself is not important. [The] reason is not simply that politicians will ignore our advice--even though we can anticipate that they will. Instead, I believe that the criminal law is not important because it fails to implement the rule of law. The factors that govern whether or not persons will be pzrnished are not mzrch affected by the content of the statutes we teach and write about. Although we will continue to scrutinize these crimind laws carefully and critically, we should not expect that our efforts will have much impact on the actual practice of crimind justice. Douglas Husak, Is the Criminul Luw Important?, 1 OHIO ST. J. CRIM. L. 261, (2003). Referring specificully to matters disczrssed in this course, discuss why you do or do not apree with Professor Husak's observations. Professor Burkol'f

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Ralph Chamness Civil Division SIM GILL DISTRICT ATTORNEY Jeffrey William Hall Lisa Ashman Administrative Operations FOR IMMEDIATE RELEASE: Feb. 18, 2014 Contact Sim Gill: (801) 230-1209 or sgill@slco.org