1. You have three (3) hours for this exam.
2. This is a closed book exam.
3. There are 2 sections to this exam:
b) Section 2 is Multiple Choice. This section is worth 50%. Correct multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” 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.
4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.
5. Succinctness, organization, and clarity will count significantly towards the grade.
6. Please write clearly. Write on every other page to permit instructor comments.
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!
PART I: ESSAY
In the town of Dobega, State of Confusion, an adult male by the name of Dave Dilinger lived near a woman by the name of Susan Kirksey. Dave had a deep crush on Susan, although she was married to another man. Although she was married, Dave kept trying to see Susan to profess his love for her. Dave, who had a significant problem with impulse control, had been convicted twice of assault and had a diagnosis of posttraumatic stress disorder from mistreatment as a child. As a result, he got very emotional when he thought about Susan. On several occasions, Dave told his friends, Tim Truart and Marcelino Perez, about his love for Susan and that he had to have sex with her. He made them swear that, if necessary, they would help him do whatever he said he needed.
On March 28, 1999, at about 1 a.m., Dave, in company with Marcelino and Tim, went to the apartment house of Susan. Dave resided in the apartment building next door. Both Dave and Marcelino had been drinking heavily. Tim, who had an IQ of 70, had not been drinking at all. Dave knocked on Susan’s door and identified himself as a neighbor. He ascertained from Susan that her husband was not home. About five minutes later, Dave again knocked and identified himself. Susan opened the door and observed Dave, Tim and Marcelino standing in the hall.
After some conversation, Dave and Marcelino entered the Kirksey apartment while Tim waited outside on the stairs. Dave asked Susan to accompany him to his apartment on the pretext that a sick child was there, which she did. However, when back in his apartment, in the presence of Tim and Marcelino he demanded that Susan engage in sexual intercourse, which she refused. Dave then asked Tim to wait outside the apartment and make sure no one came in. Thereafter, Dave pushed Susan down on the bed and tried to hold her down, but Susan managed to free herself and to get out through a window.
After the above events, Susan returned to her own apartment and locked the door. A short time later, she heard Dave and Perez arguing in the hall. At that time, Tim just stood around. Susan obtained a gun from a dresser and stood about 4 or 5 feet from the door. There then came a knock on the door and Susan said, "Get away from my door. I have a gun," to which Dave replied, "We'll see about that."
Immediately thereafter, the door was broken open from the outside and Susan could see Marcelino, who was apparently unarmed, standing in the door and Dave standing to one side. She did not see Tim at all. Marcelino entered the apartment and Susan ordered him to stop, later claiming she was terrified. She pulled the trigger of the gun but it misfired. Marcelino continued to advance and Susan again pulled the trigger. This time the gun went off killing Marcelino. Dave was still standing by the door of the Kirksey apartment. Tim was still outside the apartment.
What crimes? What defenses?