1. Ted and Daniel are at a restaurant. Mitch approaches from behind and, thinking Ted is someone else, he playfully reaches out to smack Ted lightly on the shoulder. Ted has Mitch arrested for battery. On these facts, Mitch will likely be:
- Convicted, because he intentionally slapped Ted, an offensive touching.
- Convicted, because there is an eyewitness and battery is a strict liability offense.
- Acquitted, because Mitch`s mistake as to Ted`s identity negates the mens rea.
- Acquitted, because the slap was not serious enough to cause pain.
2. Avery, Hewlett, and Packard are bankers who have developed a plan for early retirement. Avery has designed a computer program that moves small amounts of money, undetectable as individual transactions, into a secret account that will aggregate over time into a hefty nest egg. Hewlett installed the program in a low-profile corner of the mainframe. Packard set up the secret account. They meet to check the account periodically, although they have not yet built up enough of a balance to bother making a withdrawal. Mac, a co worker, gets wind of the plan and threatens to expose the group. Hewlett pulls Mac into a secluded storeroom and says, "You`d better be careful, or you`re gonna get it."
When Packard gets wind of the threat, he decides he is getting in over his head. He closes the account and goes to the police. At the station, he sits down with an inspector who questions him as he tells the whole story. Meanwhile, Avery secretly removes an office computer from a storage room and takes it home so that he can better monitor the progress of his program, intending to return it when the job is done. When he uses it and realizes how fast it is, he decides to keep it. As Hewlett is leaving work, he punches Mac in the face without warning and says "Just a reminder." Avery, Hewlett, and Packard are arrested later that evening.
Charged with assault of Mac, Hewlett will likely be:
- Convicted, because Mac had apprehension of harm.
- Convicted, because threatened deadly force.
- Acquitted, because the threat of harm was not immediate.
- Acquitted, because Mac did not believe the threat to be serious.
3. Gerald tells Nancy that he is planning to confront Dan, a known gang member, and “beat him senseless.” Nancy, whose sister was attacked by a member of the same gang, thinks that this is a great idea and tells Gerald the name of a park, which she knows Dan frequents. When Gerald gets there, he assaults Dan in front of Barry. Barry watches the entire attack, smiling, but does nothing to stop it. Barry is charged with assault on a theory of accomplice liability. His best defense to that charge is:
- He was too frightened to act in Dan’s defense.
- He did not take any action to assist Gerald.
- He owned no legal duty to rescue Dan.
- He did not have criminal intent.
4. Jack was a jokester. One day he decided to play a practical joke for April fool’s day. He dressed up with a hat and a mask and went into work intending to play a joke on his boss. He entered his boss’ office. His boss was on the phone with his back to Jack. Jack yelled this was a stick up and shot from his toy cap gun. Although Jack’s boss was not frightened or amused with the stunt he fired Jack. If Jack is arrested what crime, if any did he commit?
- Assault and battery
- No crime
5. Deft intended to kill Vic. With that in mind, Deft shot at Vic but missed Vic and hit Cal. Cal was wounded only slightly. Cal turned, saw Vic empty-handed standing nearby, but thought that Vic had shot him. Cal picked up an iron bar and beat Vic repeatedly over the head. Did Cal commit battery?
- Yes, because Cal intentionally beat Vic.
- Yes, because Vic had not committed an unlawful act.
- No, if Cal acted in the heat of passion.
- No, if Cal reasonably believed Vic had shot at him.
6. While drinking in a bar, Mauricio got angry at another patron`s insults and tried to punch him. The man ducked, however, and Mauricio accidentally punched a woman standing behind him, breaking her nose. Mauricio is charged with battery, which requires an "intentional act to injure another through physical contact." Will he be found guilty?
- Yes, because even if Mauricio did not intend to hit the person injured, he did intend to hit another person.
- Yes, because the intent to hit someone is unnecessary.
- No, because Mauricio did not intend to hit the person injured.
- No, because Mauricio`s intent to hit the man who insulted him was justified.
7. Graduate student Alice was studying late in a remote part of the library one night. Professor McGee saw her and sat down next to her. He put his hand on her knee and she pushed it away. McGee told her that she had to have intercourse with him, for if she did not he would have her student scholarship revoked. McGee then had sexual intercourse with Alice without any voiced objection by Alice.
In most jurisdictions, can McGee be convicted of the crime of rape?
- No, because McGee did not use physical force.
- No, because Alice did not expressly object to the sexual act.
- Yes, because rape is now understood to include coercive acts.
- Yes, because Alice demonstrated a clear lack of consent.
8. Stella, a student at Yale U, was studying late at night in the law library. She started to get hungry and left to get something to eat. While in the hall of the main building of the Law School Reggie, a janitor at the school approached Stella and stated to her: Hey, baby, I’ve had my eyes on you. Let’s go back to the storage room and have sex. Frightened, Stella ran out the back door and fell breaking her arm. What crime or crimes can the janitor be charged?
- Assault and battery
- No crime
9. Don was distraught since he lost his job and has been unable to find a new one. Feeling alone and frustrated, Don decided to take his own life. He went upon his old work building and jumped off. In his attempt to kill himself MaryJane, an ex-coworker, broke his fall when he fall on her. MaryJane suffered a broken sternum and leg. Don will be guilty of
- Attempted murder
- Reckless endangerment
- One evening Dick and Mary went out to Mallie’s Bar. After several hours of drinking Dick started quarreling with Mary. Dick pulled out his revolver and aimed it at Mary. Believing that the gun was unloaded he yelled out to Mary, if I did not love you I would kill you and he fired the gun. The bullet hit Mary and wounded her in the shoulder. Assume for this question that Dick was arrested and charged with battery. If Dick attempts to prove that he was so inebriated that he could not have formed a criminal attempt, this would constitute a :
- good defenses, because battery is a specific intent crime.
- good defense, because intoxication is a valid defense.
- poor defenses because voluntary intoxication is not a defenses to battery.
- poor defense, because Dick believed the gun was unloaded.