SCHOOL OF LAW FALL 2012 Student Exam No. Course 230, Section 3, Criminal Law Instructor: Charles D. Weisselberg CLOSED BOOK

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1 UNIVERSITY OF CALIFORNIA COURSE EXAMINATION SCHOOL OF LAW FALL 2012 Student Exam No. Course 230, Section 3, Criminal Law Instructor: Charles D. Weisselberg CLOSED BOOK NO OUTSIDE MATERIALS OF ANY KIND MAY BE USED OR CONSULTED LAPTOP EXAM TAKERS MAY NOT ACCESS ANY NOTES, FILES, WEBSITES, OR OUTSIDE MATERIALS THIS IS PART II One hour and 30 minutes This is Part II of the exam. It consists of two (2) short essay questions and one (1) long essay. The long essay is worth twice as many points as the two short essays combined. I suggest you spend 30 minutes on the short essays and an hour on the long essay. I also strongly suggest that before writing your answer to each question, you read the entire question and outline your answer. Please turn in any outlines. I may consider the outlines, especially if it appears you have run out of time in writing your answers. Laptop users: Type your exam number, course name and section number, instructor s name and page number on your answers. Typed answers should be double-spaced. Staple any handwritten outlines to the exam questions, and put your exam number on the outlines and the questions. Writers: Place your exam label or clearly print your exam number on the cover of all bluebooks. Write the course name and instructor s name on each bluebook. Number your bluebooks to indicate their order, and state the total number of bluebooks that you are submitting (1 of 4, 2 of 4, etc.). Write on every other line. Put your outlines in your bluebooks. You will be given a 10-minute and a 1-minute warning. When time is called, please stop working promptly and turn in your copy of this part of the exam and your answers. Please do NOT leave your exam or bluebooks on the desk. All copies of this exam must be turned in to the person in charge. Page 1 of 5

2 SHORT ESSAY QUESTIONS (Suggested time = 15 minutes each, 30 minutes total) SHORT ESSAY A State Assembly Member Arnold is upset about a recent manslaughter verdict in a high-profile case. He wants to fix the problem so that dangerous miscreants do not escape full justice. At present, the State s homicide statutes are based upon the Model Penal Code. Assembly Member Arnold has proposed amending the manslaughter statute to read as follows: Criminal homicide constitutes manslaughter when: (a) it is committed recklessly; or (b) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor s situation under the circumstances as an ordinary person in American society with the defendant s physical and mental characteristics would believe them to be. You are counsel to Assembly Member Arnold. He would like to know: (a) how this provision differs from the current law; and (b) whether it would be good public policy. Write a short memorandum to Assembly Member Arnold. Page 2 of 6

3 SHORT ESSAY B Danny Dressner was in a coffeehouse in San Francisco with a friend. The friend, who works in a dentist s office, said that he needed to have his car and some artificial teeth and supplies brought to San Francisco from Reno, Nevada. The friend offered Dressner $2,500 to drive the car from Reno to San Francisco. He told Dressner that the teeth and supplies would be in the trunk. Dressner needed the money and jumped at the chance. Dressner took the bus to Reno and picked up the car. He was suspicious because his friend was a bit shady, and used to make a living selling drugs. And the money was way more than might normally be paid for a four-hour drive. But Dressner saw nothing suspicious inside the car. He did not look in the trunk. On the way to San Francisco, Dressner was pulled over for speeding. He allowed the officer to look in the trunk. There the officer found 50 sets of artificial teeth. The teeth were made by a person who was not licensed to practice dentistry. Dressner has been charged with a violation of Section 1821 of the Criminal Code, which provides: Whoever knowingly transports any set of artificial teeth or other denture, made by any person not authorized under state law to practice dentistry, shall be fined under this title or imprisoned for not more than a year or both.* The jurisdiction follows the Model Penal Code. Dressner has opted for a trial before a judge, not a jury. You are the judge. Find Mr. Dressner guilty or not guilty, and explain your reasoning. * This is modeled on 18 U.S.C. 1821, the federal government s ever-important interstate transportation of dentures statute. Page 3 of 6

4 ESSAY B (LONG ESSAY) (Suggested time = 1 hour) Argus and Beatty are friends who sometimes commit crimes together. Argus heard about an accountant, Victor, who kept extremely valuable artwork in his office. Argus suggested to Beatty that they break in and steal the art. Artwork can be hard to sell, so Beatty declined. However, he gave Argus his crowbar so that Argus could break in the door and get the art. Argus cased the place and noticed that the night watchman did not work on Tuesdays. He planned the caper for the next Tuesday evening, when no one would be there. Argus later realized that it would be easier to remove the art if he had help. He knew that Beatty did not want to participate, but he was determined to get his assistance. He invited Beatty to dinner on Tuesday night. When Beatty was at Argus s home, Argus asked him again to help at the burglary. Beatty declined. Then Argus pulled a gun on Beatty. He handcuffed Beatty and forced him into Argus s truck. He told Beatty that he d let him go right after they got the art. Beatty silently vowed not to assist Argus in removing the art and to escape as soon as he could. Argus drove to Victor s office, and locked Beatty in the truck. Using the crowbar, Argus broke open the office door. He then grabbed Beatty and walked him inside. Argus started to look around to figure out what they could take. He noticed that some of the art was in locked display cases. Argus took off Beatty s handcuffs. At that very moment, Victor arrived with a friend, Valerie. Victor wanted to show his art collection to her. Argus heard them come in and quickly turned around to face them. Argus saw Victor s hand in his coat pocket. Believing that Victor had a weapon, Argus drew his gun and quickly shot Victor. Valerie started to run. To stop her, Argus shot her in the leg. Argus then went over to Victor and reached into Victor s pocket. Victor only had the keys to the display cases, not a weapon. Argus got scared and ran out without taking anything. Beatty went over to Victor. He was dead. Valerie was alive but bleeding profusely. Using some cloth he found in the office, Beatty stopped the bleeding and bandaged her leg, probably saving her life. He called for an ambulance. Beatty then decided to make a run for it. On his way out, he noticed an interesting painting. So he grabbed the painting and took it with him. (The painting turned out to be worth over $20,000). Argus and Beatty were both seen leaving the office, and were arrested a few days later. Valerie made a full recovery. You are a Deputy District Attorney in Calamity County, where the acts occurred. The head of your office, the District Attorney, would like your advice about how to prosecute Argus and Beatty to the fullest extent of the law. Write a memo to the District Attorney with your charging recommendations. In the memo, discuss (a) possible charges, prosecution theories, and defenses; (b) whether the evidence will be sufficient to convict on the various charges; and (c) what you believe would be a just outcome. Assume that the trial testimony will be as described above. If you need to make any assumptions about additional facts or principles of law, please state them. Here are some possibly relevant statutes in your State, which is not an MPC jurisdiction: Page 4 of 6

5 1. An attempt to commit a crime consists of two elements: an intent to commit the crime, and a direct but ineffectual act done toward its commission. 2. A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of the offense, he: (a) solicits such other person to commit it; or (b) aids or agrees to aid such other person in planning or committing it. 3. A person is not an accomplice in an offense if: (a) he is a victim of that offense; (b) the offense is defined so that his conduct is incident to its commission; or (c) he terminates his complicity prior to the commission of the offense and (i) wholly deprives it of effectiveness in the commission of the offense; or (ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense. 4. An accomplice is as culpable as a principal and is punishable to the same extent as a principal. 5. Every person is guilty of a misdemeanor who: (a) Sells, or gives away, any live chicks, rabbits, ducklings, or other fowl as a prize for, or as an inducement to enter, any contest, game or other competition. (b) Sells, offers for sale, barters, or for commercial purposes gives away, any live chicks, rabbits, ducklings, or other fowl on any street or highway. This section shall not be construed to prohibit established hatchery management procedures or the display or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities. 6. Every person who shall knowingly steal, take, carry, or drive away the personal property of another, is guilty of larceny, a felony. If the property is valued at $1,000 or less, the offense is petit larceny, a misdemeanor. If the property is valued at more than $1,000, the offense is grand larceny, a felony. 7. Every person who forcibly or by means of fear of force detains or transports any other person is guilty of kidnapping. Kidnapping is a felony. 8. Every person who attempts to cause or purposely, knowingly or recklessly causes serious bodily injury to another is guilty of felony assault. 9. Every person who enters any house, apartment, warehouse, office, outhouse or other building, without consent, with intent to commit any felony within is guilty of burglary. Burglary is a felony. 10. Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. Page 5 of 6

6 11. (a) Malice may be express or implied; (b) It is express when there is a deliberate intention unlawfully to take away the life of a fellow human being; (c) It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. It is also implied when an unlawful killing of a human being occurs during or immediately after the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, train wrecking, or any felony that is inherently dangerous, regardless whether the resulting death is foreseeable or reasonably probable. 12. All murder which is willful, deliberate, and premeditated, or which is committed during or immediately after the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, or train wrecking is murder of the first degree. All other kinds of murders are of the second degree. 13. Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: (a) Voluntary--upon a sudden quarrel or heat of passion. There is no partial or imperfect self-defense in this State. (b) Involuntary in the commission of a lawful act which might produce death, in an unlawful manner or with recklessness. 14. Defenses that exist at common law are recognized in this State to the extent not inconsistent with legislative enactments. 15. The sentence for first-degree murder is 25 years to life. The sentence for second-degree murder is 15 years to life. The crimes of voluntary manslaughter, burglary, felony assault, kidnapping, arson, and train wrecking are punishable by sentences of 8, 10 or 12 years in prison. The sentence for any other felony is 2, 4, or 6 years in prison. Misdemeanors are punishable by any term in jail not exceeding one year. Page 6 of 6