1. You have three (3) hours to complete this exam. You may allocate your time as you wish.

2. This exam is CLOSED book. No materials of any kind may be used to answer the questions.

3. This exam includes: One (1) Essay Question worth 50 points and, 25 Multiple Choice Questions, worth 2 points each for a total of 50 points for the multiple-choice questions. The entire exam is worth a total of 100 points.

4. Mark your answers to the multiple choice questions on the ParScore answer sheet form provided using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

5. Please write your responses in the blue books provided. Please write clearly. Write on every other line and every other page to permit instructor comments. Your essay answer should demonstrate your knowledge and understanding of criminal law as applied to the facts presented. No credit is given for conclusions without analysis.

6. Write your exam number on your exam envelope. Put your student exam # at the top of this page, each page of questions, ParScore answer form and each blue book. Do not use your name, student ID number or Social Security Number on any exam materials.

7. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!

Essay Question: One Hour and 30 minutes (Suggested)

Damien was the third party in a three way intimate relationship with Akai and Bevis. Both Akai and Bevis verbally and physically abused Damien for a number of years. Although Damien tried to leave Akai and Bevis on several prior occasions, he was always manipulated into staying and/or returning to the apartment they shared together.

After discovering that he had contracted AIDS from Akai, Damien became extremely depressed and ingested a cocktail of drugs, including methadone, testosterone, anti-depressants, valium and a crystallized amphetamine called ice. Damien also drank a quart of whiskey within an hour of taking this drug cocktail. While Akai was asleep, Damien stabbed Akai over twenty times with a large butcher knife and then dismembered the body.

That night, Damien told Bevis that Akai left overseas on a family emergency. Damien asked his friend Frances for a lethal dose of arsenic to poison mice in the apartment. Since Frances suspected that Damien intended to poison Bevis, Frances instead gave Damien a harmless gray/white powder. Damien stirred the powder in Bevis’ tea later that night but Bevis fell asleep before drinking it. In the morning, Bevis forced Damien to have violent sex with him. When Bevis left for work, Damien followed Bevis by car and rear-ended Bevis’ car several times on the road.

As the two cars swerved and weaved dangerously in the street, Damien’s car struck Portia, a pedestrian trying to cross the street against the red light. Portia suffered permanent damage to her spinal cord and later committed suicide following depression from her paralysis.

Damien was traveling at a high rate of speed when his car struck a speed bump in the road and flew into the air. Damien’s car crashed into Bevis’ car, killing Bevis’ front seat passenger Visser.

Damien and Bevis were both arrested and taken into custody. Before trial, Damien’s attorney argued that Damien was incompetent to stand trial.

How should the court handle Damien’s alleged incompetency?
What crimes should the prosecution pursue against Damien and Bevis?
What defenses should they raise?

END OF ESSAY QUESTION