Criminal Law Keyed to Kaplanback
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A student attended the largest party in the history of the state. Thousands of people celebrated in the streets for six days in honor of the university’s football championship. The student drank ten beers in less than an hour and became enraged when he misplaced his favorite drinking mug. He searched throughout the sorority house he had been invited into and entered a room where cheerleaders were practicing their leg splits. The student was extremely aroused and forced himself on one cheerleader as the other girl looked on in horror. When he had finished with the first cheerleader, the student began to disrobe the second cheerleader, but the quarterback heard her screaming, ran into the room, and beat the student severely before calling the police. In response to the charges of rape and attempted rape against him, the student testified that he was so drunk that he honestly thought the cheerleaders’ leg splits were meant to convey their consent to his advances. If the student did indeed honestly believe the cheerleaders had consented, he should be found:CorrectIncorrect
A caregiver operated a small home for mentally handicapped adults. The caregiver despised one of the home’s residents because he was a slob, and the caregiver was in love with the resident’s sister. The caregiver struck the resident’s head as hard as he could with his fists, several times a day. On the last occasion the resident died, just moments after being hit by the caregiver. A pathologist, performed an autopsy on the resident. “The resident died of pancreatic cancer, although, continued blows to the resident’s head would have resulted in his death within two weeks,” the pathologist testified.
If prosecuted for murder, the caregiver should be held:CorrectIncorrect
A trader was placed on probation after her conviction for stock fraud. The terms of her probation provided that she was not to be permitted to purchase stock on the American or the New York Stock Exchanges. A broker, who did not know of the trader’s past, called her and, after a lengthy conversation and much cajoling, talked the trader into opening a portfolio, which he would manage for her. The broker bought the trader stock on both exchanges. In the jurisdiction, violating terms of probation is a felony.
If the broker is charged with being an accessory to a violation of probation terms, he should be found:CorrectIncorrect