CRIMINAL
LAW - Professor Moskovitz
MIDTERM EXAM - Tuesday,
Note:
You have one hour and 15 minutes to complete this exam.
Memo to: My law clerk
From: Deputy District Attorney Gertie
Getum
I
just received an arrest report from Police Officer Ken Krumkey,
who arrested Don Dedumdum (D). Assuming that
everything in the report can be proved to a jury, is there enough to permit a
jury to convict Don of any homicide crime? If any of the facts are unclear, say
what they are and why it matters. (Our jurisdiction follows the common law rules
on crimes, as modified by the statutes and cases in Moskovitz,
Cases & Problems in Criminal Law.)
Arrest Report
Earlier this evening, I received a call from the Dean of a local law school, telling me that a student - Vic Vance (V) - had been killed by a fellow student, Don Dedumdum (D). I went out to the school and arrested Don. I advised him of his Miranda rights, which he waived, and I asked him what happened.
He said that just after he got off the bus on his way to his Criminal Law class, he realized that he had left his criminal law book on the bus. He thought for a moment, and remembered that his classmate Vic had told him that he had a “hot date” and wouldn’t be in class that night. So Don decided to go into Vic’s locker at the school and take his criminal law book. Don then went to the school, found Vic’s locker, and opened it. For some reason, it was unlocked. He found Vic’s criminal law book, and also saw a book called “Torts Made Easy” that Don had loaned to Vic. As Don was taking both books out of the locker, who should show up but Vic! Vic said, “I got stood up. What the hell are you doing with my books?” Don said, “The torts book is mine, and I didn’t think you’d be using your crim book tonight.” Vic’s breath smelled of alcohol, and he seemed to be drunk. Vic grabbed the books, but Don pushed Vic away and pulled them back. Vic said, “Give me my books.” Don said, “Take the damn books” and threw them at Vic. Don then went to the stairway to leave the building. Vic followed him and said, “You’re going to the Dean’s office, buddy.” Don then slugged Vic in the belly. Vic lost his balance and tumbled over the railing. He fell down the stairwell two flights to the bottom, crushing his skull and killing him.