Posted: February 16th, 2015

Whether the state can prove that Dave murdered Ralph?

Essay 1 –
FACTS

Dave woke up Saturday morning and decided he wanted to go to the sold out NBA Playoff game held at Madison Square Garden. His favorite team, The Miami Heat, was playing The New York Knicks. On the way to the Long Island Railroad Station (LIRR), Dave stopped at the neighborhood grocery store to get a deli sandwich. He went to the rear of the store where he had a sandwich made by the deli clerk. The clerk gave him the sandwich and told him to pay for it at the front counter. Dave went to the front and stood in line for a minute or so. He then realized he had to hurry for the last LIRR Train that would get him to the Garden on time for the game. So, when the cashier wasn’t looking, Dave took off without paying for the sandwich and ran for the LIRR station.

Running at full speed, Dave tripped on a crack in the sidewalk. While attempting to catch himself, he put his hand out to the side and poked Patty, a fellow pedestrian, in the eye. The poke caused serious damage. Patty died later that day from excessive bleeding.

When Dave got to the LIRR station, he found out that the train was running late. In the station’s waiting room, another LIRR customer, Michelle, asked Dave if he would watch her things while she went to the ladies’ room. One of her things was a Miami Heat jacket. Seconds after Michelle left for the ladies’ room, Dave’s train arrived. Dave took Michelle’s jacket and left her other things behind. Dave never saw Michelle again.

Dave got off the train at Penn Station. While running along the platform in an effort to get to the game on time, Dave bumped Ralph off the platform and onto the train tracks. Ralph, seeing another train fast approaching, yelled at Dave to grab hold of his hand and pull him up off the tracks before the train hit him. Dave retorted “I don’t have to help you. Besides, I’m late for the game.” Dave then ran away, just as Ralph was struck and killed by the oncoming train. Dave then went to the game, ate his sandwich and watched the Knicks lose to the Heat in overtime.

Unfortunately for Dave, the police reviewed the video from surveillance cameras at the station and identified him as a suspect in Ralph’s death. Dave’s picture was broadcast on television. An anonymous tipster identified him and told the police where he lived. Dave was arrested.

See the other side for the assignment.

ASSIGNMENT:

Using both the statute and the rules provided, what crimes can Dave be charged with?
ASSIGNMENT DUE:

1) An outline of the assignment is due at the start of class next Tuesday, February 10. We will start the outline in class. You should use what we start in class – it is not plagiarism to do so. It is learning.

2) The essay itself is due at the start of the following class, Tuesday, February 17. We will work on starting the essay based on an outline I will provide in class on Tuesday, February 10 – after your turn yours in. Anything we agree on, or produce together in class on February 10 is and almost certainly should be used in your essay due the following Tuesday. That is not plagiarism. That is learning.
OUTLINE FORMAT:

As presented in class. I will then send you a format you can use. I want to explain its worth and function, first.

ESSAY ASSIGNMENT FORMAT
This is the required format for your essay due 2/17:
? Double-space.

? Use 1” margins on all sides.

? Title it: Essay #1.

? Use numbered pages.

? Put your name on it, not your exam number.

? Do not print on both sides – print only on the front. This lets me give legible comments to your work.

? Staple the essay – paper clips, paper tears and bobby pins are not within the
meaning of “staple.” “Staple” will be strictly construed, the way it is in practice.

? Center and Bold-face each section of your essay. We will discuss this, and its importance. If you do not understand, ask.

? You do not need to adhere to a strict IRAC format. We will discuss the minimal requirement for your format in class.
RULE SHEET FOR ESSAY #1
Larceny
The crime of larceny requires a showing of the trespassory taking and carrying away of the tangible personal property of another with the intent to permanently deprive the owner thereof.
Larceny is a specific intent crime. To prove the accused guilty of a specific intent crime, the state must prove an actual, subjective intent to cause the proscribed result Specific intent crimes include:
Attempt
Solicitation
Conspiracy
Larceny and larceny by trick
Forgery
Burglary
Assault
Robbery
Murder
Voluntary manslaughter

Murder
Murder requires a homicide and malice aforethought.

Omissions Liability
There is no “general” duty owed to one’s fellow citizens in the English-speaking countries. As such, there is no general legal duty to rescue anyone. There are exceptions to this rule:
Special relationships (families living together)
Statutory omissions (failure to disclose terrorist acts or funding of them)
Contractual relationships created for this purpose
Where you create the peril (the danger)
If you start to help an individual in peril, you may not just “walk away” – duty to do everything you reasonably can to complete the rescue
Wrongful Death
When the death of a person is caused by the wrongful act or negligence of another, the decedent’s heirs may maintain an action for damages against the person or entity responsible for the death. Heirs mean the decedent’s surviving spouse or children, either biological or adopted.
PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET AN AMAZING DISCOUNT 🙂