Law Questions Problem Solving ANSWERS
Can you please answer these questions with the Maine Criminal Codes included and the best answer with about a paragraph for each question ? I would very much appreciate it. Thank You
Assignment#1 A DEATH IN LEWISTON
Charles Mason was 19 years old, six feet tall, and weighed 195 pounds. He was born in the Philippines and adopted by an American couple in Augusta, Maine, when he was less than a year old. His parents later adopted two other children. All three got along well with each other and in school. However, when Charles was about 14, he and some of his friends began to use tobacco, marijuana and alcohol. His school grades plummeted. By age 16 he was out of control at home and had effectively dropped out of school. All efforts by his parents and social agencies to intervene were ineffective and he began living on the streets. He had several confrontations with the police as a juvenile for vandalism, shoplifting, and one charge of breaking and entering a convenience store. He had served four months at the Maine Youth Center. He later would claim that he had been physically abused by his parents and by other authority figures as he was growing up.
Owen Wooster was age 18, 5’7″, and weighed about 145 pounds. He had met Mason about two years prior to this incident at a pool hall in Lewiston. Wooster, an only child, looked up to Mason as the big brother he had never had and the two become almost inseparable. Although Wooster stayed in school, his grades were never very good and he, too, liked to drink. At age 18 he left home and stayed with friends. As a juvenile he had never been formally in the juvenile system but had been interviewed several times by the police and juvenile intake officials concerning his being found in close proximity to other juveniles who regularly got in trouble. Some of the cops referred to him as the Teflon Kid because of his ability to stay just inside the law.
On the evening of June 7, 1994, the two friends got together for a good time in Lewiston, and started by drinking two six-packs of beer that they bought. At approximately 9:30 p.m., they were out of beer and cigarettes and decided to get some more. They went to a shopping center in Lewiston and entered a Super Food grocery store. In the store Wooster took a carton of cigarettes and concealed it in his jacket. At the same time, Mason walked to the coolers in the back of the store and took two six packs of beer. The two met at the front and then walked by the clerks and towards the entrance. One of the clerks saw then and told them to stop and pay for the beer. When they did not stop the store manager, John Delrose, ran after them. Mason and Wooster then ran out the door and started across the parking lot. Delrose caught up to them and grabbed Mason by the sleeve, causing Mason to drop the beer. A struggle began between Mason and Delrose, with Mason trying to pick up the beer and Delrose trying to hold him while yelling for someone to call the police. Wooster, who had been in front of Mason by about fifty feet, stopped, came running back and jumped on Delrose. The two fell to the ground, rolled around and then separated. As Delrose got to his feet, Mason grabbed Delrose and told Wooster to get the beer and leave. Suddenly Delrose staggered back and grabbed his chest. He stared at Mason, turned around, walked a few feet, and then collapsed. Mason yelled at him “Fuck you, ass hole,” and went running away with Wooster.
Emergency crews arrived at the scene and found that Delrose had been stabbed twice. He was rushed to the hospital where he was found to have been stabbed by a large bladed knife that cut a major artery and lacerated his liver. He died during surgery.
A short time later the police found Mason and Wooster sitting in an empty field, drinking beer. They were arrested for assault, attempted murder, aggravated assault, theft, criminal trespass, and illegal possession of alcohol. Mason had blood on his hands and clothes and a hunting knife in a sheath in his right boot. There was blood on the sheath and on the knife. Mason had a BAC of .18 and Wooster a BAC of .12. Psychological testing revealed that Mason functioned at the level of a 14 year old. Wooster was found to be abnormally fixated on Mason, as an authority figure. Both young men blamed their troubles on a lack of respect by society, lack of help by social agencies, and an inability to control their actions when confronted by society’s demands for respect for property and the rights of others.
During the subsequent investigation, the police learned that Mason was known to carry the knife at all times “for protection” and that he often boasted of his ability to use it. His drinking friends told the police that when Mason was drinking he had a tendency to become violent and on more than one occasion had pulled the knife during arguments. They also stated that Wooster was the only one who could calm Mason down on such occasions.
1. What charges are most appropriate for Mason and Wooster? Give the Code section that applies and explain why you believe these are the most appropriate charges. (6 points)
2. What possible defenses do the two have? Again, give the code section that applies, the elements of the defense, and explain why you believe the defense applies. (4 points)
3. Is there any basis for charging the two with different crimes or any basis for arguing that they are not liable for the identical offenses? Explain. (4 points)
Assignment #2 LIFE
Fred and Lynda Miller had been married 70 years. Fred was 88 and Lynda was 87. About ten years ago Lynda began to show signs of dementia, the onset of Alzheimer’s Disease. Fred insisted on taking care of her at home as she gradually began to lose touch with life. She reached a point where she could not feed herself, could bathe or clean herself, could not move, and could not recognize anyone or communicate with anyone. Through all this Fred insisted on keeping her at home and continuing to care for her. Their daughter, Julia, tried to help but her father would insist on doing it all.
Three weeks ago, Fred realized that he could no longer do it all and Lynda was moved into a Nursing Home that specialized in patients with Alzheimer’s. Yesterday, the staff heard what sounded like a gunshot and called 911. The police arrived and began a search. They found Lynda dead of a gunshot wound to the head. Fred was sitting next to her with a pistol in his pocket. He quietly gave the gun to the police and went with them.
1. What charges do you believe are most appropriate for Fred? Give the Code section that applies and explain why you believe these are the most appropriate charges. (4 points)
2. What possible defense does Fred have? Again, give the code section that applies, the elements of the defense, and explain why you believe the defense applies. (3 points)
3. If you were the District Attorney, how would you respond to this tragedy? (3 points)
Assignment #3 TRUE LOVE
Olin, deeply in love with Sarah, was upset when she said she no longer wanted to see him. She even told him to stop calling her or trying to see her. Knowing that she truly loved him but was too shy to admit it, Olin hid in the trunk of her car while she was shopping. She returned and drove off but some passersby who had seen Olin get in the trunk called the police. Some distance from the store, Sarah noticed her trunk was open and got out to check it. As she opened it she saw Olin and screamed. He jumped out, hit her, forced her into the trunk, got in the car and drove off. In the meantime the police had located them and gave chase. Olin drove for about five miles before he was stopped by traffic. Sarah managed to open the trunk and escape and Olin was caught shortly thereafter. He told the police that he only wanted to talk to Sarah, not hurt her, and that he put her in the trunk to defend himself when she began attacking him.
1. With which major offenses will Olin be charged? Give the code section for each offense.
2. What is his defense to any of the charges? What Code section applies? (2 points)
3. Does he have a good defense? Explain. (2 points)
Assignment #4 ONE FOR THE ROAD Jack Farnsworth was driving home from a bar with his best friend, Bill Jerkin. While traveling on a two lane road at a high rate of speed, Farnsworth lost control of his car on a curve, left the road and crashed into a tree about 100 feet from the road. Jerkin was killed, Farnsworth had minor injuries. Test showed Farnsworth had a blood alcohol level of .16, twice the level of legal intoxication. What is the major offense(s) Farnsworth may be charged with under the Maine Criminal Code? (2 points) Explain why you believe the facts fit the elements of this offense. (2 points)
Assignment #5 WHAT’S A GOOD FRIEND FOR? Elbert loaned his car to his good friend Nessie for two weeks while her car was being repaired. She then returned the car to him and moved to another state.Two months later Elbert was summonsed to court to answer to more than a dozen parking violations that occurred while Nessie had the car. 1. What will Elbert raise as his defense? (1 point) 2. What theory of criminal liability will the Prosecution use to argue that Elbert is responsible for the fines? (1 point)