disagreements about money and family issues
1. Zack and Amber have been married for 15 years. They have one child, Angel, who is 10. The health of their relationship has been typical, marked by occasional disagreements about money and family issues, but nothing so serious as to threaten their marriage. Zack, a local police officer, returned home from work early one day because he was feeling ill. When he entered the home he discovered his wife, a stay- home mother, in the kitchen with a man, Dallas, whom he recognized to be a police officer colleague. Amber was naked and Dallas was shirtless. After a moment of shock, Zack became enraged, pulled out his sidearm, and shot Amber. Dallas ran out the back door of the home. Zack gave chase but ended his pursuit in the backyard, returned to the home, called for an ambulance, and attempted to save Amber, who had a pulse.
She died before the ambulance arrived. Dallas ran to his car, which he had parked two blocks away in an attempt to keep his visit with Amber secret. He unlocked the car, started it, and quickly drove away. Distraught over what had just happened, he was not mindful of his speed nor was he watching the road. Three miles from where he started, he struck and killed nine-year-old Megan, who was crossing the street in a school zone. Dallas had been traveling at 50 miles per hour. The speed limit was 15 miles per hour in the school zone.
a. Applying the Model Penal Code or your state’s laws, has Zack committed murder with the death of Amber? Manslaughter? Some other crime? Explain your answers fully.
b. Applying the Model Penal Code or your state’s laws, has Dallas committed murder with the death of Megan? Manslaughter? Some other crime? Explain your answers fully.
2. Give an example of false imprisonment. How does false imprisonment differ from kidnapping? How does it differ from false arrest?
3. Rob Burr entered a bank, displayed a weapon, and ordered the teller, Marcia, to put all the money that she had in a bag that he handed to her. He then ordered her to take him to the bank’s safe so that he could “get all the money in there.” After she walked him to the safe, he ordered her inside with him. Once inside, he ordered her to put the money from the safe into another bag. She complied with all of his directives. On the way out of the bank he ordered Margaret, a 21-year-old teller, to accompany him. He drove her to a woods 15 miles from the bank, where he raped her and left her on the side of the road. She walked to a nearby home, where she contacted the police.
The women identified Rob from a photo array, and he was arrested. He was subsequently charged with robbery, kidnapping both Marcia and Margaret, false imprisonment of both Marcia and Margaret, and the rape of Margaret.
a. Did Rob commit the crimes of kidnapping and false imprisonment of Marcia? Explain fully.
b. Did Rob commit the crimes of kidnapping and false imprisonment of Margaret? Explain fully.
4. Ralph Torshun, a 21-year-old male and student at State University, used a screwdriver to break into a home owned by Steve Aarons, the city’s mayor, and his wife, Me-Jun Aarons. The couple was not home during the burglary. Torshun took a laptop computer and $500 in cash from the home. The laptop and cash belonged to Me-Jun. Against the advice of his wife, Steve reported the burglary to the police. In the days following the burglary, Torshun searched the files on the computer for something of value. While searching the computer’s files, he discovered video files of Me-Jun having sex with three different men. Seizing the opportunity to make money, he contacted Me-Jun by phone and threatened to release the photos and videos if she didn’t pay him $25,000.
Frightened that the release of the videos would end her marriage, destroy her husband’s political career, and deeply embarrass her, she agreed to pay Troshun. Unknown to Me-Jun, the police had Torshun under surveillance for the burglary, had a wiretap order for his phone, overheard the conversation, and arrested him immediately following Me-Jun’s payment to him.
a. What crime(s) has Torshun committed? Explain fully how each element of the crime(s) you identify has been satisfied.