Assignment 1 Defenses to Crimes 1100 words
1. Explain the execution-of-public-duty defense. When and by whom might such a defense be used?
2. Applying Florida’s stand-your-ground law, would the defendants in this case be criminally liable for murder? D. Edley, a healthy 40-year-old man, shot and killed a 30-year-old man named Vic Tim with a handgun lawfully possessed. Vic Tim was pushing a shopping cart full of empty bottles and cans on a public street when killed. Bulked up after years of weight training while in prison, Vic was muscular and imposing. He approached Edley on a crowded street, both hands on the cart, pushed Edley with the cart against a building, and said to him, “Kiss me or I will kill you.” Edley shook his head no and Tim responded by growling and pushing the cart harder against his body. Edley shot and killed him.
3. Consider the difference between the reasonable people standard and how that may contrast with the subjective evaluation of the person who invokes a claim of self-defense. Give examples of how those differences may become obscure depending upon the facts and circumstances of a particular case (E.g., the man who claims self-defense against an opponent of like size, age, and physical characteristics, as contrasted with the 95 pound woman who is confronted by a 200 pound attacker.)
4. Timothy V. Oyer, a 42-year-old male, decided to jog in a municipal park near his home on a beautiful June day. After jogging three miles, he slowed to a walk to cool down. During his walk he noticed a woman sitting under a tree not far from the sidewalk he was on. As he moved closer to her he was surprised to discover that she was not wearing any clothes above the waist. She appeared to be in her mid-20s and he found her attractive. As he neared her, she smiled at him and greeted him with a “hello.” Then the following discussion occurred:
Timothy: It is a beautiful day.
Woman: Yes it is. You out running?
Timothy: Yes, not as far as I wanted. I am not in the shape I used to be.
Woman: Nonsense, you look great. I am the one that is out of shape.
Timothy: Are you kidding, you are beautiful with a body to match.
Woman: Sit down here. Take a break.
Timothy accepted the invitation to sit with her and they talked for 15 minutes. They discussed physical fitness and the weather, she laughed at his jokes, and she told him that he was a handsome man. At one point, she placed one of her legs on his shoulder in a demonstration of her flexibility. After 15 minutes of conversation and flirting, she asked to see his penis. Stunned, Timothy responded, “Really?” She nodded and smiled. Timothy unzipped his pants and displayed his penis. At that moment police officers pulled up in a van, jumped out, and arrested Timothy for indecent exposure. He would later learn that the woman was paid to be part of a sting operation to catch sexual offenders.
Timothy has two criminal convictions in his record. While in college, at the age of 19, he was convicted of public indecency, fined $100, and sentenced to 10 days in jail. The jail time was suspended to probation. In this incident he was one of seven fraternity pledges who were caught by campus police running naked outside a sorority. At the age of 31 he was convicted of public indecency for masturbating in the restroom of an adult bookstore. He was fined $500 and sentenced to 10 days in jail, which he served. He has been married to his wife for 18 years and he has worked as a data analyst for the same company for 13 years.
a. Applying the subjective test of entrapment to these facts, determine whether Timothy was entrapped. Fully explain your analysis and defend your conclusion.
b. Applying the objective test of entrapment to these facts, determine whether Timothy was entrapped. Fully explain your analysis and defend your conclusion.
Assignment 2 Juvenile Social Structure and Delinquency Prevention 1100 words
1. Jacob came from a lower-class family and had a normal childhood until he entered school. At school, his academic achievement was low, and he did not pay much attention in class. He wanted to be friends with the middle-class kids in school and wanted the material possessions they had. Because he did not have the material possessions of other kids in school, he began to steal from local department stores. He was caught by store security attempting to steal a leather jacket. The police came and arrested Jacob and placed him in juvenile detention. He was adjudicated delinquent in juvenile court for theft. His peers and teachers heard about Jacob’s arrest and adjudication and started to treat him as a thief. Nobody would leave their possessions unattended with Jacob, and he became a social outcast in school. He began to associate with other outcasts, and they developed their own code of conduct and their own means to obtain status. Jacob continued to commit other acts of delinquency through his youth. What social theories can be used to explain Jacob’s behavior? Of the theories used to explain his behavior, which one best explains his behavior?
2. Elizabeth grew up in a tough, lower-class neighborhood that was characterized by several cultures and high mobility. She never felt close to her parents, and she did not perform well in school. She valued such things as her ﬁghting ability and ability to con people. When she was 10 years old, she began to associate with delinquent peers who taught her how to steal cars and burglarize houses. She received rewards from her peers for her behavior and did not feel guilty for her delinquent acts. Instead, she would say that the people she stole from were wealthy enough to afford to replace the items, and most had insurance anyway. What social theories can be used to explain Elizabeth’s behavior? Of the theories used to explain her behavior, which one best explains her behavior?
3. Craig is a 12-year-old juvenile who has been caught shoplifting at a local convenience store. Craig comes from a broken home and currently lives with his paternal grandmother. Craig’s father is in prison and his mother cannot be located. There is a history of substance abuse in the family and criminal behavior on the part of both parents and other siblings. Recently, Craig’s school performance has been dropping, and he has become a disciplinary problem. Although his grandmother cares for him, she is physically unable to keep up with him these days. Assume you are a social worker who has just received this case. Considering the variety of potential programs Craig could be referred to, which program(s) would you use? Develop a statement as to why you chose the option(s) you did and a justiﬁcation as to why this is the best course of action.
4. Skip is a 15-year-old juvenile who was arrested as a minor in possession of alcohol. Skip is currently enrolled in school, getting below-average grades, and has had disciplinary problems in the past. Skip lives with both his parents in a middle-class community and there is no history of substance abuse or criminal history in his family. Assume you are a probation ofﬁcer who has just received this case. Considering the variety of potential programs Skip could be referred to, which program(s) would you use? Develop a statement as to why you chose the option(s) you did and a justiﬁcation as to why this is the best course of action.