Question: Please read and review Case Study 1 which is attached in Module 5. You are the prosecutor! Respond to the following 10 questions in 10
Please read and review Case Study 1 which is "attached" in Module 5. You are the prosecutor! Respond to the following 10 questions in 10 brief and factual paragraphs.
- 1) Discuss the intent and motive of A and B? Explain!
- 2) Explain if "mens rea" and "actus reus" for suspect A exists?
- 3) Explain if "mens rea" and "actus reus" for suspect B exists?
- 4) Is there "proximate cause" in the actions of A? Explain!
- 5) Is there "proximate cause" in the actions of B? Explain!
- 6) Was there "solicitation" on the parts of either A or B? Explain!
- 7) Was there a "conspiracy" between any of the actors in this case study? Explain!
- 8) Was there someone which was an "aider and abettor" in this case study? Explain!
- 9) There are no witnesses in this case? Based on the video evidence from the Bodega do you have a witness to testify against B? Explain!
- 10) Was B in a "deadly force" situation in the Bodega which might justify the shooting of Joseph and Mr. Perez? Explain!
Case Study 1
On Saturday evening, about 7:00 PM John A was having a drink at Phil's Bar in Woodbridge, NJ. Another local, Mike B came in and sat down at the other end of the bar and was speaking to the owner, Phil Johnson. After a brief conversation, John A witnessed Phil, the owner giving Mike B an object in a small plastic bag. Phil said to Mike B, "be careful, don't hurt anyone, and bring this back by tomorrow night. If you have a problem with the law, don't mention my name." Mike B then walked over and sat next to John A who was an acquaintance from the neighborhood. John A told Mike B that he was presently unemployed and recently divorced. Mike B, who was recently paroled from Rahway State Prison told John A that he was also a little low on money and had a plan to get some. He asked John A if he had a car, and if he would be willing to give him a ride to a local convenience store and to split whatever Mike B was able to take? John A agreed! Mike B told John A that all he would have to was to drive to a convenience store, park around the corner and drive him from the scene when the job was done.
At about 8:45PM that evening A & B drove to the location of the convenience store together. The Bodega was owned and operated by Mr. Perez and one employee; Joseph who was about to close after an above-average Mega-Million lottery day. At 8:55 PM when the last customer left the store and Josephwas about to lockup, B walked in and pulled out Phil's 9mm weapon from his waistband and demanded cash! Surprisingly Joseph grabbed a baseball and ran toward B who turned and shot him! B quickly turned toward Mr. Perez who had reached for a hidden gun that was under the counter. B shot Mr. Perez! B quickly gathered all the cash in a plastic bag, walked out of the front door toward that waiting vehicle and A & B drove away.
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