Midterm Exam
1. With what, if anything, can Dansusky be charged?
Following the case study, the first thing Dansusky can be charged with is the rape of a child. Assistant Coach Racmeady witnesses Dansusky anally penetrating a ten-year-old boy. While not many other details of the rape are clear this fact pattern alone can be used to charge Dansusky for the rape of a child, since he commits an unlawful sexual penetration of the victim and the victim is less than 13 years of age (in this case the boy is 10 years old).
Further, Dansusky could also be charged with battery against Racmeady. After Dansusky becomes aware of Racmeady he attacks Racmeady, which causes him to hit his head and black out. Therefore, Racmeady sustains a physical injury …show more content…
Since the boy 's death was the result of the arson committed by Tom Doe and his intent to kill Taperno, Doe could further be charged with felony murder or first degree murder if their state does not have a felony murder rule.
3. For what crimes, if any, can Clarice be convicted?
Clarice who is in need of money steals a bust of Nefertiti from the museum she works with. The crime fulfills all the requirements of larceny since Clarice unlawfully takes and carries away someone else 's property by removing the bust from the museum. This was also done without the consent of the owner and considering that Clarice later sold the bust she had no intentions of returning it. A real bust is worth more than $25 million and Clarice believing the bust to be real sold it for $2000. The value of the bust makes the larceny committed by Clarice a grand larceny.
Another crime Clarice could be convicted of is battery. In order to not get caught stealing the bust Clarice knocks a guard unconscious using the bust. She intends to injure the guard in order to escape with the stolen bust. Allowing for her to be also convicted of battery.
4. For what crimes, if any, can Josie be …show more content…
While Clarice never outright states that the bust is stolen, Josie could assume this fact form the unusually low price of the bust that Clarice is offering her. Further, she also knows Clarice very well being her good friend, and knowing that she works at the museum and urgently needs money could reasonably assume that Clarice stole the bust. When buying the bust from Clarice, Josie assumes control of it and financially gains from it since she plans to sell it for a much higher price than she paid, allowing her to make a high profit of the bust. She also has no intention of returning it to the rightful owner, which is shown by her attempt to resell it to another buyer. Therefore she could be convicted of receiving stolen
1. With what, if anything, can Dansusky be charged?
Following the case study, the first thing Dansusky can be charged with is the rape of a child. Assistant Coach Racmeady witnesses Dansusky anally penetrating a ten-year-old boy. While not many other details of the rape are clear this fact pattern alone can be used to charge Dansusky for the rape of a child, since he commits an unlawful sexual penetration of the victim and the victim is less than 13 years of age (in this case the boy is 10 years old).
Further, Dansusky could also be charged with battery against Racmeady. After Dansusky becomes aware of Racmeady he attacks Racmeady, which causes him to hit his head and black out. Therefore, Racmeady sustains a physical injury …show more content…
Since the boy 's death was the result of the arson committed by Tom Doe and his intent to kill Taperno, Doe could further be charged with felony murder or first degree murder if their state does not have a felony murder rule.
3. For what crimes, if any, can Clarice be convicted?
Clarice who is in need of money steals a bust of Nefertiti from the museum she works with. The crime fulfills all the requirements of larceny since Clarice unlawfully takes and carries away someone else 's property by removing the bust from the museum. This was also done without the consent of the owner and considering that Clarice later sold the bust she had no intentions of returning it. A real bust is worth more than $25 million and Clarice believing the bust to be real sold it for $2000. The value of the bust makes the larceny committed by Clarice a grand larceny.
Another crime Clarice could be convicted of is battery. In order to not get caught stealing the bust Clarice knocks a guard unconscious using the bust. She intends to injure the guard in order to escape with the stolen bust. Allowing for her to be also convicted of battery.
4. For what crimes, if any, can Josie be …show more content…
While Clarice never outright states that the bust is stolen, Josie could assume this fact form the unusually low price of the bust that Clarice is offering her. Further, she also knows Clarice very well being her good friend, and knowing that she works at the museum and urgently needs money could reasonably assume that Clarice stole the bust. When buying the bust from Clarice, Josie assumes control of it and financially gains from it since she plans to sell it for a much higher price than she paid, allowing her to make a high profit of the bust. She also has no intention of returning it to the rightful owner, which is shown by her attempt to resell it to another buyer. Therefore she could be convicted of receiving stolen