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The book needed to complete this essay is
Cases and Materials on Criminal Law b
The book needed to complete this essay is Cases and Materials on Criminal Law by Joshua Dressler and Garvey, 9th ed. West Pub. 2022. ISBN: 978-1647087708
Fully answer all of the following questions. Give reasoned answers in essay form (not bullet points or lists). The expectation is that the exam in total should be between 8-12 pages (based on past similar exams) but that is just a guesstimate. Answers will be graded on analysis of the issues and concepts needed to deal with the hypotheticals. Do your own work — the assignment will be uploaded via SafeAssign, so if you quote something, an in-text citation is OK. 1. a. Read the Greenwalt article from the Dressler text pp. 34-35 and answer questions 1 and 2 on p. 36
b. Read and fully answer Question 4 from p. 42 of the Dressler text.
c . Read Coker v. Georgia from pp. 76-81 and fully answer Questions 1 and 2 from pp. 81-82.
2. a. Discuss causation and its various concepts as discussed in class and the text.
b. In addition, answer the following hypotheticals:
Who is at fault for Y, D, and F’s deaths, and why in the following hypotheticals? Give a reasoned answer using the concepts of causation covered in class and the text.
Hypothetical Facts: X and Y steal property from Z’s riverfront home. The thieves fled in a boat. Z fires two shots at the boat, seeking (unlawfully) to kill or scare them. i. X, fearful of another shot, dives into the water causing the boat to capsize. Y drowns.
ii. The boat – now unmanned – drifts a ½ mile downstream and over a waterfall striking D and killing her as well. Discuss the causation issues and who might be criminally culpable in this scenario. iii. B nearly drowns and is rescued by a passerby (E), who puts him in his car to get him to the hospital. E is intoxicated and crashes the vehicle killing Y and bicyclist F.
3. Do the Problems from Question 2 (A-F) on p. 236 in the Dressler text. Explain the reasoning in your answers and explore the possibilities available.
4. Fully analyze the following problems.
a. Smith, a pedestrian, was struck by a car while walking in a crosswalk and was seriously injured. Jones was driving the car that hit Smith. An ambulance was called to the scene, and Smith was rushed immediately to the hospital. Unfortunately, all of this occurred amid a heavy snowstorm, and on the way to the hospital, the ambulance hit a patch of ice and careened off the road killing the ambulance driver, the EMT, and Smith. Jones has been charged with homicide in the deaths of all three crash victims. Is she guilty of these alleged crimes? Fully explain why or why not.
b. Burr, in a jealous rage, shot his victim, Hamilton, twice in the head after he saw Hamilton flirting with his girlfriend. When Hamilton reached the hospital, his heart was still beating, but he had suffered irreversible brain damage and loss of brain function (as evidenced by EEG and other medical evidence). Hamilton’s family agreed to have his artificial ventilation turned off (it was keeping his heart beating) so his organs could be harvested for transplantation.
Burr is charged with first-degree murder in Hamilton’s death. His defense attorney argues that the doctors who disconnected Hamilton’s ventilator were the cause of his death — not Burr. Is the defense counsel correct — why or why not? What if Hamilton’s family refused treatment due to his religious convictions, and he subsequently died?
5. Consider the different standards of Mens Rea dealt with in the text and class. Answer Questions 1, 2, and 3 (and subparts) from p. 176-77 in the Dressler casebook. Explain the reasoning behind your answers. The Model Penal Code statute (MPC) is in the textbook.
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