What would your defense be Key PDF

Title What would your defense be Key
Course Criminal Law
Institution Genesee Community College
Pages 1
File Size 67.8 KB
File Type PDF
Total Downloads 86
Total Views 121

Summary

This class was taught by Karen Wicka, who was a lawyer before she became a criminal justice teacher. ...


Description

WHAT WOULD BE YOUR DEFENSE??? 1. Art Kapser and John Gelbor were good friends and coworkers. After work, Art and John went bowling. After John picked up a spare in the seventh frame, the two got into an argument on proper scoring of a spare. John punched Art in the face, knocking him to the floor and screaming, “If you don’t shut up, I will kill you.” Art left the bowling alley but returned with a .38-caliber revolver and shot John in the back, killing him instantly. Art was charged with murder. What could Art use as a defense?  What could you use as a defense? Insanity? Probably unsuccessful. Self Defense? Probably unsuccessful 2. Kellie Koser attended a college party. One of the partygoers handed her a beer. She drank it, although she did not know that the beer contained a sedative. She got tired quickly and decided to drive home. She fell asleep at the wheel and killed a bicyclist. She was charged with manslaughter. What could Kellie use as a defense?  What could you use as a defense? Intoxication: valid because she did not purposefully or intentionally drink too much, she was drugged 3. Shelly Morrison and Todd Rutlow both drive the same model of pickup truck. Both trucks are black with white pinstripes, both have red fuzzy dice hanging from the rearview mirror, and both have a bumper sticker with the slogan “Peace Is Possible.” Moreover, both leave their keys in the ignition when it is parked. Shelly, after completing a long day of Christmas shopping, got into a black truck and drove away. She did not know it was Todd’s truck. Police quickly apprehended Shelly and charged her with motor vehicle theft. What would you recommend as a defense?  What could you use as a defense? Mistake of Fact: It was an honest mistake and if she was correct, it would not have been illegal. 4. Charles Shuter was charged with raping his 14-year-old daughter. The prosecutor also charged the mother with conspiracy to commit rape because she knew about the rape and bought condoms for her husband to use when committing the crime. The mother claims she did not contact the police because the husband threatened to kill her. What would you recommend as a defense for the mother?  What could you use as a defense? Duress? The mother was in fear of the danger that the husband posed to her. 5. When Marnee Diaz lost her job, she couldn’t keep up with her bills. In order to put food on the table, she began robbing banks. What would you recommend as a defense?  What could you use as a defense? Necessity? She needed to rob the bank for food to stay alive. 6. Carol Smith is addicted to crack but enrolled herself in a drug-treatment program to control her addiction. An undercover police officer joined the same program to get information about drug suppliers. He got friendly with Carol and asked her to buy him some crack. She refused on four occasions. On the fifth occasion, however, she brought him one rock of crack cocaine. She was arrested for drug possession. What defense would you recommend?  What could you use as a defense? Entrapment: She was not prone to do it the first four times but then was forced into it...


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