CRIMINAL LAW Y & N
PROFESSOR COHEN
FINAL EXAMINATION
FALL 2002
INSTRUCTIONS:
1. This is a closed book exam. No materials are allowed.
2. You have three (3) hours to complete this exam
3. This exam is worth 80% of your grade in this course. The midterm was worth 20% of your grade.
Part I of this exam is worth 30% of your grade for the course and Part II is worth 50%. Allot your
time accordingly.
4. Answer the multiple-choice questions on the separate ParSCORE answer form using the #2 pencils provided and
following the instructions on that form.
5. You must give up Part I (Multiple Choice questions) and your ParSCORE answer form before
you can continue with the Part II (Essay).
6. Write your exam number on your exam envelope, the ParSCORE answer form, all used blue
books, and at the top of the exam question packet. Do not use your name, student ID number, or
Social Security Number on any exam materials.
7. Please write clearly.
8. Succinctness, organization and clarity will count significantly towards the grade.
9. Write on every other page to permit instructor comments.
10. Good Luck!
PART II: ESSAY
In 2002, in the State of Anxiety, in the area of the State known as Sillycohen Valley an incident occurred
which led to a number of arrests. In September of that year, the hometown baseball team, the Sillycohen
Gigantes, played an important game against their archrival, the Los Deviles Trolley Dodgers. The star of
the Gigantes, Solly Stocks, had been hitting home runs by the dozens. At one point, it became pretty well
known that he was going to set a record for hitting home runs. Once he hit his seventy-first home run, he
would have passed the then major league record previously set by his competitor Mark Magoo, of the St.
Louis Redbirds. Fans would come out by the thousands to the stadium, which was a roofed stadium,
which permitted them to play indoors and avoid loss of games during rainouts.
The fans loved the idea of the hometown winning games, and this brought them out. The food
was great, the views were fantastic, and there was always a chance that a foul ball could be caught, so
attendance was always outstanding. But a special reason for the fans to come out was the possibility of
getting one of the Stocks home runs. Most fans brought gloves, which resulted in some tough situations
where fans had gloves on one hand and a beer in the other, and a hot dog somewhere in the middle. If a
ball came at that time, beer was spilled, hot dogs flew, and the ball went somewhere in the middle.
Fans were very avid about any ball that went into the stands, fair or foul. Anytime any ball went
into the stands, people would go after it, and without any concern for injury to anyone. Often, men would
push others out of the way, and fistfights were not uncommon. But the biggie was the possibility of the
Stocks home run. When Magoo hit his seventieth, the ball went for over a million dollars, so the Stocks
seventy-first, would likely go for more.
Some of the fans tried to figure out how to get the seventy-first. Stocks was quite famous for
hitting homers entirely out of the stadium and into the water area just beyond the ballpark. The result was
that many fans just sat in boats, such as kayaks, with fishnets to snag the balls. But just as many balls were
hit into the stands where the fans sat. A lot of the balls went into an area called the right field bleachers,
which sat about 500 fans. Although many of the fans had season tickets, it was possible to buy seats in
that section on-line.
Many fans spent time just thinking about how they might get a Stocks ball if one were hit
to them. Most just day-dreamed about it, but one group, made up of some unemployed
professional wrestlers from a motorcycle gang, actually tried to come up with a plan. The group,
made up of about ten people, would try to buy tickets in interspersed areas throughout the right
field bleachers, for a period of about five days. On each of the days, at least five of them would go
to the game. They would bring their gloves; but as well, they would bring what they figured were
innocuous home made weapons, such as small baseball bats, about 18 inches long, filled at the
top with lead, or a roll of quarters carried in the palm of the hand. Both meant that a swing of
the arm resulted in a significant blow. As well, they would wear boots with steel tips which
delivered a kick of significance.
They knew that it was not very likely they would actually catch the ball, but figured if they
got close to the melee, they had a good chance at loosening the grip on the ball so that they could
get it and depart. Their discussions included such things as where the best seats were, what the
best weapons were, how to dislodge the ball, and how to depart rapidly. They knew that a lot of
effort might be necessary to dislodge the ball from the person who caught it since most gloves are
pretty deep, and the person who caught it might put up a good deal of resistance.
On September 20, 2002, five of the gang, including Dave, who had an IQ of 70, and Al,
went to the park, after having consumed a 24 bottle case of beer, and got to their respective seats
for the game which was to start at dusk. As luck would have it, Stocks did indeed hit his 71st on
that day, and into the right field bleachers. The ball was caught at first by Vic, who got a good
hold on the ball in his glove, but, true to plan, Dave was quite close, and promptly made as if he
was falling on Vic, but in the process hit Vic in the stomach, and kicked him in the shins. The
ball dislodged, and Dave grabbed it and started running. Again, as per plan, Al, who had another
ball in his pocket, started screaming that he had the ball, so as to give Dave a chance to get away.
The fans didn't know it, but all the balls had been premarked to determine who had the right
one.
As Dave ran away, Vic started screaming about the situation, and tried to stop Dave. A
nearby bystander, who, fearing terrorism, had managed to smuggle a gun into the stands, thought
Vic was about to be killed by Dave and shot at Dave but missed and instead hit a nearby cop who
died.
All involved and still alive were promptly arrested. You are a research clerk for the
District Attorney who has asked you to prepare a memo discussing what crimes have been
committed, if any, and by which individuals, and what, if any defenses might be available.
Prepare the memo.
END PART II ESSAY
END OF EXAM