1.)A California Penal Code section reads as follows:
“Any person who willfully discharges a firearm in a grossly negligent manner which could
result in injury or death to a person is guilty of a public offense and shall be punished by
imprisonment in state prison.”
What is the maximum time a defendant can serve in custody for this offense? Explain fully and provide any legal authority. (2 points)
2.)A California Penal Code section reads as follows:
“Any person who willfully abuses an animal is guilty of a misdemeanor.”
What is the maximum time a defendant can serve in custody for this offense? Explain fully and provide any legal authority. (2 points)
3.)Vadim is drunk at 3:00 am driving his speed boat off the shore of Mission Beach with his girlfriend Daisy.Vadim really like Daisy so he tries to show off by going as fast as he can to impress her. He is so drunk that he loses control of the boat and flips it. Vadim and Daisyare thrown out of the boat and swim safely to the capsized boat where they hang on and wait for help about 1,000 yards offshore. Daisystarts to panic and says she wants to swim to the shore. Vadim begs her to stay but she starts swimming anyway. She never makes it to shore and her body washes up on the shores of Coronado two days later. Vadim was rescued an hour later. He is charged with Boating Under the Influence Causing Death.
Vadim says that although he was drunk and caused the boat to flip, he did not cause Daisy’sdeath. He argues that she survived the crash and therefore he did not cause her death.
Did Vadim cause her death? Explain fully and support your analysiswith the applicable law.(5 points)
4.) List the three requirements for self-defense for homicide:(3 points)
5.) List the six requirements for the necessity defense:(3 points)
6.) Tareq drove to the Red Vest Liquor Store late at night about 30 minutes before closing time and parked acrossthe street. He was wearing a poncho, even though it was not cold or raining. He got out of the car, walked across the street, and proceeded to walk up the path towards the front door. Tareqwas concealing a rifle under the poncho and he had the specific intent to rob the clerk.
When Tareq was about 15 feet from the door, a customer walked out of the liquor store. Tareq immediately turned towards a brick wall and pretended to urinate. After the customer walked by, Tareq returned to his car and left. Tareq never entered the store, never displayed the gun, and never demanded money from the clerk. In fact, the clerk was completely unaware of Tareq’s actions.
Did Tareq complete sufficient acts(do not discuss intent) to befound guilty of attempted robbery? Explain fully and support your answer with the applicable law.(6 points)
7.)List, and define, the four classifications of offenses in California:(4 points)
8.)Define the crime of conspiracy, including all elements of the crime.(4 points)
9.)Bryndall gets completely hammered on her 22nd birthday because she is doing several shots of tequila during the CJ320 lecture. She is craving a Neo Shake, Animal Style fries, and a 4×4 burger at In-N-Out, but her blood alcohol level is .25, over three times the legal limit, and she cannot drive. She decides to get an Uber instead. Unfortunately, she forgot to bring any money to pay for her food, so she pulls out a gun and gets the food by threatening the cashier. As she is leaving, she happens to see her ex-boyfriend and punches him in the face.
Bryndall is charged with the specific intent crime of robbery. One element of robbery is that the defendant must have the specific intent to permanently deprive the victim of the property. She is also charged with the general intent crime of battery. She raises the defense of intoxication for both charges. Describe how the defense will affect each charge. Explain fully. (5 points)
10.)Lavonceis sound asleep with his wife in their house in the middle of the night when he is awakened by the sound of crashing glass from downstairs. Lavonce is scared and a loser so he wakes up his wife,Rhiannon, and tellsher to investigate. Rhiannon grabs her loaded gun and runs downstairs where she findsa masked intruder violentlyransacking the house. She points the gunat the intruder and tells him to put his hands up. The intruder says, “Fuck you! I ain’t afraid of no bitch with a gun! I’m going to kill you!” He immediately runstowardsher. Rhiannon doesn’t play games and shoots him five times in the chest. He falls dead at her feet. Meanwhile, Lavonce is still upstairs hiding under the covers shaking like a little baby.
Rhiannon is charged with murder and claims self-defense. Given the location of this shooting, how does the law in California provide an advantage for Rhiannon in establishing her defense? Explain fully and apply the law to the facts of this case.(6 points)
0 comments