Wanda learned that Harry was an alcoholic shortly after she got married. Harry started getting drunk after work almost from the moment they wed. When he got drunk he would get mean and hit and yell at Wanda. Wanda, despite her strong religious convictions prohibiting divorce, tried to leave Harry a little over a year into the marriage. Harry found Wanda a week later at her friends home. The police were called upon but never came. When Harry ordered Wanda to leave with him and she refused, Harry physically picked her up and dragged her home. He severely beat her up when they got home. Wanda went to the doctor. She told him the bruises occurred when she accidentally fell down the stairs. It took a month for the bruises to go away. Wanda next discovered that she was pregnant with their first child and hoped things would improve. They didn't.
This evening, Harry came home very drunk from work. He went into the kitchen and, seeing his dinner was not ready, yelled in front of Sam that "Wanda was worthless" as she couldn't even have his dinner ready on time. He proceeded to take the pan with the dinner casserole and throw it at Wanda hitting her in the head, causing her to fall to the floor, break her nose and lose consciousness for a few moments. When Sam tried to help his mother, Harry punched Sam in the mouth and knocked out his front tooth.
The police are called upon by a neighbor hearing the disturbance.
What possible civil remedies and civil causes of action would arise for Wanda against Harry and
what could be the results for Wanda in the year 1900, 1950 and the present?
What possible civil remedies and civil causes of action would arise for Sam against Harry and what could be the result for Sam in the year 1900, 1950 and the present?
Essay Number Two
Morris and Winny married on May 10, 1991, and have been living in an apartment in a working class neighborhood of San Francisco, California. Winny has a highly stressful job as a 911 emergency dispatch operator. Morris stays at home and keeps house while attending college classes part time.
Morris, 32, is two inches taller and twenty pounds heavier than Winny, 28. However, Winny is a black belt in karate and recently won several awards for her martial art skills.In the last two years, Winny has been getting angry with Morris. She has called him "lazy" and a "leach" and yelled at him that "his only function is to service her and even that he does not do well". She has told Morris he does not know how to handle their finances so she put him on a very tight allowance, giving him only a few dollars at a time. Morris believes Winny loves him and doesn't mean what she says. Lately, however, Winny has been practicing her martial arts in front of Morris, explaining to him conversationally that she could "split his head like a piece of wood at any time". Yesterday, she called Morris at home from work and told him to be "ready" when she returned home or she'd practice on him, not a wood board.
Morris was scared. He believed Winny might hurt him but thought he could reason with her. When Winny came home, she just looked at Morris and said "ready". Morris said "I don't want to now, and I'm leaving. I'm no longer happy." Winny responded by painfully twisting Morris's arm, saying "you'll leave when I say" and started to molest him. She told him if he didn't "cooperate" she would not just twist his arm but break it. The twisting pain was extreme so Morris went along with his wife's sexual advances. He was afraid not to.
Several hours later, Morris crawled out of bed, grabbed some clothes and took his white Bronco car. He drove all the way to his parents home in Nevada. The next day he obtained a Nevada restraining order against Winny and had her served. Winny was incensed. She drove all the way to Morris's parents home in Nevada. When Morris drove up, and alighted from his vehicle, Winny came out of hiding in the bushes, and taking a martial stance, flipped Morris on his back, tied him up, and hoisted him into her car. Winny then drove back to their apartment in San Francisco. Morris was terrified.Morris left the car when Winny barked, "get out". He docilely proceeded her into their home. However, as soon as Morris entered the apartment, he ran to the their bedroom and removed the gun from the nightstand, which they had bought for security. Winny, who had followed him, taunted "your only a man, your too much of a wimp to shoot". Fearful, Morris fired wildly when Winny approached. The gun held her at bay and the police soon arrived in response to a neighbor reporting a shooting. Morris was taken for medical treatment and received counseling from TARGET, an agency assisting battered individuals.
The district attorney's office has decided to press charges against Winny. However, several situations have arisen. Morris now claims that the assault never happened and he wants his wife home with him. Winny's attorney has also made a motion to (i) stop Morris from testifying about what happened based on the marital privilege, (ii) discover all of Morris's counseling records from TARGET, and (iii) have Morris undergo a psychiatric exam to determine if he is lying about what supposedly happened. Winny is also raising insanity as a defense.
What charges should the prosecutor bring against Winny? What are some of the possible penalties for these charges?
What arguments should the prosecutor bring in response to the 3 part motion by Winny's attorney?
How should the prosecutor deal with Morris's denial of what happened and with Winny's insanity defense?
The state prosecutor has sent a copy of the file to the federal prosecutor's office. Did Wanda commit any federal crimes under the Violence Against Women Act (of the Violent Crime Control and Law Enforcement Act of 1994) and does Morris have remedies available to him under it?
Essay Number One
For many years Zelda was involved with Franko 'the hitman' Ginelli of the largest syndicated crime family in the San Francisco Bay Area of California. Although Zelda sometimes overheard little things about Franko's business interests she had no idea what Franko 's business was until recently. Last weekend she overheard him discussing the "hit" of Rocko Balducchi while they were visiting his Uncle Vinny.
Terrified, Zelda had Franko come over to her home and told him she was ending their relationship. She never told him she knew what he did. Incensed, Franko slapped her around and gave Zelda a black eye. He left her home saying "it was not over".
Zelda went to H.E.L.P., an agency aiding battered individuals. They assisted her obtain a restraining order against Franko prohibiting him from contacting her, going near her home or work, or from carrying a gun. The restraining order papers never disclosed what Zelda knew to be Franko's occupation.
Meanwhile, the cops had been closing in on Franko. Getting wind of this, and fearful they might ask Zelda to testify, Franko snuck into Zelda's home in the middle of the night, tied her up at gun point, threw her in his white Bronco, and drove to Reno, Nevada with her. In Reno, he pulled into the "24 Hour Chapel" and told Zelda that he cut out Rocko's heart, and showed her a picture of a dead woman whose limbs had all been severed. If she did not marry him, he would do the same to her.
Scared witless, Zelda married Franko. He then drove them to the nearest hotel, checked into a room and raped her.
The next morning Franko left the room with Zelda handcuffed to the bed. She managed to open them with a bobby pin, but unfortunately Franko spotted her as she tried to flee the room and brought her back. He then cut her hair off, raped her and said she would be dead by nightfall. Certain she would soon be dead, Zelda took Frankos's gun from his holster while he was napping and shot him. Hotel employees hearing the shot called the police. Franko was rushed to the hospital and survived.
The Nevada police have charged Zelda with attempted murder. Franko claims it was an accident. They have also held Franko for extradition to California on a warrant for the murder of Rocko Balducchi. They will allow the Ca. authorities to have temporary custody of Zelda because she is a material witness against Franko.
While incarcerated in Ca. Zelda speaks with a counselor from H.E.L.P. explaining what occurred. Encouraged by her counselor, Zelda speaks to the District Attorney. Believing her, the District Attorney also brings charges against Franko for his actions against Zelda. Once so charged, Franko mailed Zelda a letter which she received in jail which said "I'm going to get ya just like the others".
I. Should the Nevada District Attorney's charge of attempted murder against Zelda succeed ? Presume that Nevada law on self defense is the same as Ca. and that Zelda raises all claims in her defense.
II. What charges could the California District Attorney's office bring against Franko for his actions against Zelda? What are some of the possible penalties?
Ill. Franko's attorney has also made a motion to (i) stop Zelda from testifying about what happened based on the marital privilege, (ii) discover all of Zelda's counseling records from H.E.L.P., (iii) stop admission of any prior acts of violence by Franko, and (iv) have Zelda undergo a psychiatric exam to determine if she is lying about what supposedly happened. What arguments should the prosecutor bring in response to the 4 part motion by Franko's attorney?
IV. The California state prosecutor has sent a copy of the file to the federal prosecutor's office. Did Franko commit any federal crimes against Zelda under the Violence Against Women Act? If yes, what were they and why.
Essay Number Two
Several years ago, Henry, 32, a U.S. citizen, was on vacation in England to attend his cousin Bartholomew's wedding. While at the reception he met Wilma, 18. Wilma, the eldest of 12 children, had attended an all girls preparatory school during the day and then went home to household chores and assisting her siblings.
Smitten with Henry, .and seeking a way out from family obligation, she accepted Henry's offer of marriage after a two week whirlwind courtship.
Wilma returned to California with Henry and got married by a justice of the peace. She moved into Henry's home and began taking care of the household and cooking. Wilma quickly noticed that Henry drank a great deal of alcohol. Every day he started his day with a scotch and had several more through out the day. He became abusive, calling her names, and throwing things at her whenever his meals or the house were not to his liking. Every day Wilma became more and more frightened.
Having lived with Henry for nearly four months, Wilma approached him after dinner regarding the possibility of her continuing her education or getting a job. He became furious. Calling her a 'whore' and an 'ingrate', he threw the remaining half a bottle of scotch at Wilma, and hit her in the head. Wilma blacked out. She awoke the next day on the floor with a lump on her head, numerous bruises, a black eye and her ribs hurt.
Apologetic, Henry took Wilma to Doctor Who, an old friend and drinking buddy. He explained that Wilma had fallen down the stairs. Henry asked Who to not write up the incident and no record was made in her chart or elsewhere. After taping Wilma's ribs, Who sent the couple on their way.
Henry became very attentive, swearing nothing like this would happen again. Wilma remained and soon learned that she was pregnant. The news seemed to pacify Henry but he still called her names and told her she was worthless.
Several months later Wilma gave birth to their daughter Daisy. As soon as she was born, Henry began threatening to take Daisy away yelling "she'd never see her daughter again". He also said he'd file for divorce and he would get Wilma deported as she was not a citizen nor been married to him for the two years needed to attain legal immigration status. Fearful, and with little money, Wilma stayed, despite the fact that Henry still hit her.
Finally, on December 2nd, Henry came home from work after an evening with 'the boys'. He was drunk and demanding dinner. Moving quickly, and frightened, Wilma placed his steaming supper on the table. Unfortunately, it was not quick enough for Henry. He took the bowl of very hot stew and threw it at Wilma. The stew sloshed out and landed on Wilma's face , neck and arms scalding and burning her badly. The crockery flew and hit little Daisy in the head leaving a scar on her forehead.
The neighbor's heard the commotion and contacted the police.
II. What possible civil causes of action and civil remedies would arise for Daisy against Henry and what could be the result for Daisy in the year 1900, 1950 and the present ?
III. What was Doctor . Who's responsibility regarding Wilma in 1950 and the
present?
IV. Does Wilma have any federal protection against Henry's deportation threats? If
yes, what are they?