Marcus negligently caused serious bodily injury to Cassandra while he was stealing her purse from her. “Robbery” is defined under the MPC (in relevant part) as follows: “A person is guilty of robbery if, in the course of committing a theft, he . . . inflicts serious bodily injury upon another.” Can Marcus be convicted of robbery under this definition in a state that has adopted the Model Penal Code approach to mens rea/culpability? (See MPC § 2.02.) Select the best answer.
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Linda is driving drunk when her car hits Sally’s car. Linda…
Linda is driving drunk when her car hits Sally’s car. Linda is entirely at fault in the accident. Sally has a large wound on her abdomen from the accident and is taken to the hospital by ambulance. At the hospital Sally is given an antibiotic that she is extremely allergic to, even though the hospital’s records clearly note she has this drug allergy, and Sally also specifically noted it when she was admitted. Sally dies due to an allergic reaction to the antibiotic. Linda is charged with “vehicular homicide,” which includes “operating a motor vehicle while intoxicated, which causes the death of another.” If Linda is convicted of vehicular homicide, is her conviction likely to be upheld on appeal? Pick the best answer.
Allen has recently become friends with Cade and Jake. Allen…
Allen has recently become friends with Cade and Jake. Allen isn’t comfortable with their involvement in criminal activities, but he thinks that they are cool and values being friends with them. When Cade and Jake tell Allen that they are going to do an armed robbery of a jewelry store and need his help, Allen reluctantly agrees. Allen’s job is to walk in and hand the storeowner a note stating, “If you don’t do anything stupid, we will let you live.” Then the other two will come in and complete the robbery. Just before Allen is supposed to enter the store, he changes his mind and tells Cade and Jake that he is “out” and won’t do it. Cade then holds a gun to Allen’s head and says, “You better read that note yourself.” Still shaking, Allen enters the jewelry store and hands the store owner the note. As Cade and Jake rush in, however, the burglar alarm goes off. All three run out, but they are soon apprehended. Does Allen have a valid defense of duress (to a charge of attempted armed robbery) under the Model Penal Code (MPC § 2.09)?
Kendall was hiking in the Colorado mountains in April when a…
Kendall was hiking in the Colorado mountains in April when an unexpected snowstorm developed. Kendall did not have adequate clothing with him and was 7 miles from his car when the storm came in. He took shelter in Stacey’s cabin in the woods. (Stacey lives in Denver, two hours away.) If he is prosecuted for trespass, what traditional common law defense(s) could Kendall plausibly establish? Pick the best answer.
High school students Ari and Barb hate their Algebra teacher…
High school students Ari and Barb hate their Algebra teacher and are doing very badly in the class. They are convinced that if their teacher died before the final exam, their school would probably just give them all a grade of “A.” They decide to give their teacher a poison apple, and they go online and find a way to make an apple lethally poisonous without changing its appearance or taste (using a combination of common household cleaners). They follow the recipe and give their teacher the poison apple, which she sets on her desk. That night both girls start feeling terrible. What were they thinking? How could they be so cruel? They pray it’s not too late and rush over to the school. Security lighting allows them to look in the classroom window and see that the poison apple is still on the teacher’s desk. They are determined to get the apple and make sure it doesn’t hurt anyone, but when they try to raise a window to enter the classroom, the alarm system goes off. When they are caught by local police, they confess to everything. They are charged with Attempted Murder. Have Ari and Barb committed Attempted Murder? Can they establish a defense of abandonment/renunciation? *Answer both questions for both a common law approach and the MPC approach. (See MPC § 5.01.) Explain all your answers.
Bill agrees to be hypnotized at the Christmas party hosted b…
Bill agrees to be hypnotized at the Christmas party hosted by his employer. While he is hypnotized, Bill strikes and injures one of his co-workers. Bill really despises the person whom he struck, and he laughs when he finds out afterward what happened. “Assault” under the relevant provision of the Model Penal Code is defined as “purposely, knowingly, or recklessly causing bodily injury to another.” Can Bill be convicted of assault under the MPC? Pick the best answer.
The patient with chronic kidney disease reports chronic fati…
The patient with chronic kidney disease reports chronic fatigue, lethargy with weakness, and mild shortness of breath with dizziness when rising to a standing position. In addition, the nurse notes pale mucous membranes. Based on the patient’s illness and the presenting symptoms, which laboratory result does the nurse expectto see?
Which signs and symptoms support the nurse’s suspicion that…
Which signs and symptoms support the nurse’s suspicion that a client has developed heat stroke? Select all that apply.
A nurse who is HIV positive and is now a client on a surgic…
A nurse who is HIV positive and is now a client on a surgical unit the day after abdominal surgery asks a nurse colleague to keep her HIV status from the rest of the nursing staff. What is the unit nurse’s best response?
Place in OrderA nurse is assessing a patient after administe…
Place in OrderA nurse is assessing a patient after administering a dose of Penicillin. The patient has a hoarse voice, and swollen lips and tongue. In which order should the nurse take the following actions? List the numbers in the correct order of priority. __1__Administer IV antihistamines.__2___Administer IV epinephrine.__3___Apply high-flow oxygen.__4___Assess the client’s airway.__5___Call the emergency response team.__6___Initiate IV access.