Question: PART I Bitty Bladder, after consuming her fifth vodka-tonic in less than an hour, needed to use the public restroom at Boogie Night Dance Hall.

PART I

Bitty Bladder, after consuming her fifth vodka-tonic in less than an hour, needed to use the public restroom at Boogie Night Dance Hall. She was experiencing extreme discomfort, and was afraid of having an embarrassing accident, when she burst through the door of the ladies' restroom.

Much to Bitty's dismay, the only stall was closed with a sign that read: KEEP OUT. CLEANING IN PROGRESS. The cleaning woman, who was mopping the floor at the time, told Bitty, "I'm sorry, but you'll have to go to the other restroom." Bitty couldn't wait. "I'm going right here, right now!" she exclaimed.

The much smaller and older cleaning woman tried to block Bitty, a professional crocodile wrestler, from the stall to no avail. Bitty pushed her out of the way. The cleaning woman slipped and fell, hitting her head on the cold, wet tile floor. Bitty didn't skip a beat and promptly relieved herself.

Once done, Bitty opened the stall door only to see that the cleaning woman had not moved. Bitty immediately called for medical assistance. The medics pronounced the cleaning woman dead on the scene.

Bitty spoke to the officer investigating this death. She explained to him that she had bladder problems, and did not mean to kill or even hurt the cleaning woman. Bitty simply pushed the cleaning woman out of the way so that she could use the restroom. Bitty was arrested after giving her statement to the investigating officer.

Write a memo recommending any and all charges that could be brought against Bitty. He also wants to know what, if any, defenses that Bitty might have.

PART II

Peirce College students (Adam, Ben, Chuck, Dale and Ed) were sharing some beers at the Artful Dodger on Second Street in the Society Hill section of Philadelphia. The guys were celebrating the end of their Criminal Law course with a few pints of Guinness, as poured by their favorite bartender - Sue, daughter of the owner of the Philadelphia Eagles. Feeling emboldened by their success with the course's final project, and the beer that flowed, they made numerous sexual advances to Sue. She rebuffed the advances of all the students except for Dale. Sue said she would be interested in having sex with Dale but not with the others.

The bar closed and the guys waited for Sue. Everyone then walked back to Dale's apartment near Spruce and Fourth. As the other guys gathered their belongings so as to leave Dale and Sue alone, Adam blurted out "If Sue isn't going to have sex with me, then I'll force her. Who's with me?" Ben nodded his assent. Chuck, Dale and Ed just stood there and did not respond. Sue objected and said she wanted to leave. Adam locked the door so that she couldn't get out.

Ben suddenly had a change of heart and said, "I'm not going to do this. I think it's wrong. We should just leave Sue and Dale alone." At that point, Ben grabbed his coat and went home. He did nothing else that night.

Adam then pulled Sue to the couch and proceeded to force himself on her, resulting in intercourse. Chuck, who was very drunk, then said "I'm gonna get me some of that too." He removed his pants and knelt in front of Sue on the couch. However, before he actually had intercourse with her, Chuck passed out. Sue was so traumatized from the fear that she would be forced to have sex again, she passed out. Dale decided that since Sue had expressed interest in having sex with him, it was OK and he proceeded to have intercourse with the unconscious Sue. After Dale had sex with her, Sue regained consciousness and began screaming. Afraid that someone would hear her, Adam choked Sue until she died. Ed, who watched everything that happened, said nothing and did nothing.

After Sue died, Adam, Chuck and Dale went to Ben's apartment at Pine and Fifth. Ed caught a cab to his apartment in Cherry Hill, NJ. Adam, Chuck and Dale told Ben everything that happened. Ben insisted that they contact the police. The police arrested Adam, Ben, Chuck and Dale. Ed was questioned but released. Prepare a memo indicating what charges to bring against the defendants. Anticipate any defenses that the defendants might raise. Cite the textbook as your authority, and you should ONLY use your textbook as authority for this project.

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