May 4, 2016
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PART II: The Case of One Thing Leading to Another
- Please identify what crimes you think Fred has committed.
- Is Fred responsible for Vannessa's robbery of Myrtle's purse?
2a. If so, what should Fred's punishment be for robbing Myrtle?
- Should Fred's punishment be increased because of his prior record?
- Should Fred and Vannessa be punished more severely because Myrtle is 80 years old?
- Should Fred and Vannessa be punished more severely because Myrtle was knocked unconscious? How much more severe should the punishment be?
- Please identify what crimes you think Vannessa has committed.
- Does Vannessa have a legitimate defense in court by saying that Fred forced her to commit the robbery of Myrtle?
- Can the prosecution prove that Vannessa committed a burglary at Rich's house?
- Can the prosecution use Vannessa's statement to the police in court, even though Officer Gump forgot to give her the Miranda rights?
- While no one saw Fred actually commit the burglary of Rich's house, there is no doubt he committed the crime based on direct and circumstantial evidence. What is the strongest evidence against Fred?
- In California, Fred is a "Three Strikes You're Out" candidate due to his prior robbery and residential burglary convictions. [Both are "serious" prior felonies]. Fred is convicted by a jury of robbery of Myrtle and burglary of Rich's house (among other crimes,) and his prior convictions are found to be true. If you were the Judge, should Fred go to prison for the rest of his life?
- You are Fred's lawyer. What would you say to the Judge to try and convince the judge that Fred should not go to prison for life?
- You are the Judge. Fred's lawyer tells you that Fred has a long history of drug and alcohol abuse. He needs help. He now wants to get into a three year long recovery program. He believes if he can kick drugs and alcohol he won't hurt anyone else. Should you let Fred go to the program instead of prison?
- You are the Judge. You decide you want Fred to go to prison, but you think a life sentence per "Three Strikes You're Out" is too long. How much time should Fred be sentenced to?
- Vannessa is a first time offender. The jury convicts her of robbery of Myrtle but finds her not guilty of residential burglary and car theft. What should her sentence be?
- Assume that after Myrtle fell and hit her head that she died. Could Fred and Vannessa be responsible for murder?
- Would it make any difference, if during a murder trial, Fred and Vannessa said they only wanted to grab Myrtle's purse and that they never wanted to hurt her?
- After the jury finds Fred and Vanessa guilty, Myrtle wants to come to the sentencing hearing and tell the Judge her opinion. Should the Judge hear Myrtle before deciding Fred and Vannessa's sentence?