Criminal Law Exam
Professor Batt
December 1987
[45 minutes)
1. Bud Knox, a stockbroker has been charged with murder of the
first degree. Knox admits that he choked to death his business
associate Alicia Gekko. Bud and Alicia were engaged. Bud tells
you that after their engagement (which took place about two
months ago) Alicia took a "fairly long" business trip
to Brazil. On her return to the U.S. she told Bud that she had
fallen in love with one Hector Babenco, a Brazilian film director
and "healer of lost souls." Alicia also informed Bud
that she had engaged in a number of spiritual and sexual
encounters with Hector. Bud learned of this relationship ten days
before the killing took place. During this time period (prior to
the killing) Alicia alternately taunted Bud about her involvement
with Hector and sexually seduced Bud. She would call him late at
night and tell him Hector would arrive soon to take her to
Brazil. The next day she would invite Bud over to her apartment
to play "takeover" - an erotic activity in fashion in
stockbroker circles. Bud always went. This
"alternation" went on day after day for the days before
the killing. On the day of the killing Bud says he was like a
"sleepwalker", "not in charge" and
"numbed out". He had been with Alicia the night before
and had not slept at all. On the day of the killing Bud went into
Alicia's of ice and begged her to marry him. She laughed in his
face, slapped him with what he believes was a copy of Fortune
magazine and said something like "You should have died in
Vietnam. Knox you are a GOOK. You'll never be a
multi-millionaire!" Bud remembers very little after this
point. But he does know that he did choke Alicia and that she
died. In the course of interviewing Bud you learn that he is a
Vietnam combat veteran who received psychological treatment in
the past for depression and sleep disorders.
The criminal code of your state reads as follows:
1) Murder in the unlawful killing of a human being with malice
aforethought.
2) All murder which is perpetrated by means of explosive,
poison, lying in wait, torture or by any kind of willful,
deliberate and premeditated killing is murder of the first
degree.
3) All other kinds of murders are of the second degree.
In addition the manslaughter statute divides manslaughter into
the "traditional" offenses of involuntary and voluntary
manslaughter. The law of the jurisdiction in regard to insanity
is copied from the Model Penal Code (see for example K.R.S. 504).
A general provision of the criminal code states that "all
provision of this code shall be liberally construed to promote
justice and to effect the objects of the law."
1. You have decided to represent Bud Knox. Assume a jury trial.
What case do you anticipate the prosecution will make? What are
the various defense approaches to this case? How would youstructure
your defense. Be specific on the law and how you would prove your
case.
[20 minutes)
2. An informer Carlo Nini approached Jim Burns, a policeman
and told Burns that Joe Jarrott a car thief had asked Nini to
help him steal and sell cars. Burns told the informer, Carlo
Nini, to "play along" with Jarrott. Later the informer
told Burns that Joe Jarrott wanted to steal a blue 1987 Mercedes
XYZ. The informer indicated where Jarrott hoped to find such a
car. Burns secured such a car from another person and parked it
so that Jarrott could find it and steal it. The key was left in
the ignition. Moreover, police officer Burns concealed himself in
the trunk. Burns, of course, made the above known to the
informer, Nini. Jarrott saw the car and said "Come on Nini,
let's steal it." Jarrott and Nini got in the car and drove
off. Nini did the driving because he didn't want to make Jarrott
suspicious. They drove to a garage and got out. While Jarrott and
the proposed buyer were arguing about price, Jim Burns, police
officer, jumped out of the trunk and arrested Joe Jarrott.
Jarrott has been indicted for the crime of larceny.
1) Argue the case for the defense.
2) Argue the case for the prosecution.
[10 minutes)
3. What is the case for de-criminalizing (no crime) the
private possession of marijuana? In answering be sure to make use
of the arguments put forth in Ravin v. State.
(10 minutes]
4. Explain the government's case in United States of America
v. Roland Schuester (indictment with drug and tax charges arising
from activities of a marijuana smuggling organization).
[15 minutes)
5. Assume all the facts and law contained in Rusk v. State (rape). Explain in detail how you would defend the notorious Edward Salvatore Rusk.
(15 minutes)
6. Explain the case presented by the defense in Commonwealth
v. Gibbs. Critically evaluate this defense. [10 minutes]
7. Assume all the facts and law contained in State v. Olkon
(conspiracy to commit theft and attempted theft). How would you
as prosecutor structure your case against the defendant?
[10 minutes)
8. Explain in as much detail as possible the law of attempt.
[10 minutes)
9. Tell me as much as you can about the "necessity"
defense (a form of justification). Use factual examples to answer
this question.
[15 minutes]
10. Definitions
a. false imprisonment
b. kidnapping
c. arson
d. burglary
e. embezzlement
f. justifiable homicide