Criminal Law Midterm Spring 2005 April 12, 2005 Professor Brady

Question #1 One Hour

Donald worked at the local 7-11 as a store clerk. Donald worked from 6:00 p.m. until 2:00 a.m. Monday through Saturday. Donald owed his friend Dealer $500.00 for a drug debt. Donald had known for a long time that he was supposed to pay Dealer the $500.00 by Friday, but he didn=t have the cash. Before arriving at the store he thought about Aborrowing@ some cash from the store until he could cash his next paycheck. Donald then went to work at 2:00 p.m. on Friday and found his paycheck for $748.00 waiting for him. He put it in his pocket. Dealer came in that same Friday night at 9:00 p.m. and demanded $500.00. Donald said he didn=t have it, but that he could get it for him tomorrow after he cashed his check, and showed the check to Dealer. Dealer, who had been snorting cocaine all day, became enraged and grabbed Donald by the shirt with one hand and grabbed a big box of Twinkies with the other. He told Donald that if he didn=t pay Dealer right then and there, Dealer would force him to eat the entire box of Twinkies without a single drop of milk. Donald, fearing torture by Twinkie, reached into the cash register and took out $500.00 and paid Dealer, who ran away. Within the 7-11 store building there was a small office located behind the front counter. The office had only one door which was usually closed and locked except when Victor, the owner of the 7-11, was present. The office contained business records, a desk and phone, video monitoring equipment for store security, a small sofa, a personal television, a small refrigerator, and a bathroom. Sometimes Victor would come down to the store to sleep on the sofa in the office because his wife would kick him out of their house for a few days at a time. At 1:00 a.m. the following Saturday, Victor went into his office to sleep, after being kicked out of his house. At 2:00 a.m., just before finishing his shift, Donald saw that Victor had accidentally left the door to the office unlocked. Donald entered the office while Victor slept and took a box of payroll checks from the desk. At that moment Dealer burst through the front doors to the 7-11 holding a vial of white powder over his head. He shouted Athis is anthrax!@ I=ll kill you all if you don=t give me what I want! He pushed his way into the tiny office, opened the vial=s lid and threatened to throw it at the two startled men, Donald and Victor. Dealer demanded money. He got away with all the store=s cash from the register, the payroll checks that had been in Donald=s hands, Donald=s own paycheck for $748.00, and a big box of Twinkies. Dealer erased Donald=s name from the check, replaced it with his own and cashed it the next day through a drive-up teller window.

Discuss all crimes committed by Donald and Dealer, and any possible defenses.

Criminal Law Midterm Spring 2005 April 12, 2005 Professor Brady

Question #2 One Hour

Dino and Arco were at the neighborhood sports bar. Dino was 6'3", weighed 280 lbs., personally used steroids, and was a weight lifter. Arco was 5' 3", weighed 168 lbs., and strongly disapproved of steroid use. An argument ensued. Dino said Aif you don=t shut up, I=ll make you shut up.@ Arco, saying nothing, poured his beer over Dino=s head. Dino punched Arco one time in the face with his fist as hard as he could, yelling, ANow you=re dead, you little punk!@ The punch knocked Arco out and shattered his jaw. Dino panicked, realizing what he had done, and grabbed Arco=s car keys from inside his front right pant pocket. Dino found Arco=s car in the parking lot, used the keys to start it, and sped home. The next day Arco woke up in the hospital, his head wrapped in bandages. He was on heavy sedation. Arco slowly grew angrier at Dino throughout the day as he began to remember the night before. That night Arco staggered from his hospital bed and down the hall to the hospital=s pharmacy, which was connected to the hospital by a common wall, roof, and doorway. Arco, still on sedation and swaying side to side, shoved the pharmacist out of the way, causing no injury to the pharmacist. However, the pharmacist fell into his assistant, causing the assistant to fall and hit his head on the floor, killing him instantly. Arco used a crutch to shatter the glass of a medicine cabinet clearly marked ADANGER: HUMAN GROWTH HORMONE@ and grabbed a syringe and some vials of the liquid from the cabinet. Arco fled the pharmacy, hailed a cab and went to Dino=s house where he saw his own car in Dino=s driveway. This made him even angrier. Arco filled his syringe completely full of the liquid, rang Dino=s doorbell, and hid behind some bushes. When Dino unlocked and opened the front door, stepping out onto the front porch, Arco sprung from behind the bushes and stabbed Dino in the neck, plunging the liquid into Dino=s body. The two men stumbled together backwards through the doorway into the house, where they both passed out. The police came and arrested Arco. They took Dino to the hospital. After six months in a coma, Dino died.

Discuss all crimes committed by Dino and Arco, and any possible defenses.