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Discussion Chapter 4: The Elements of Crime

Ten Years Imprisonment for an Accident?

 

“Accidents happen. Sometimes they happen to individuals committing crimes with loaded guns.”

 

In 
Dean v. U.S., the defendant was sentenced to ten years imprisonment under a federal sentencing enhancement for an accidental discharge of his firearm during a bank robbery. The prosecution presented evidence at trial indicating that the defendant went into the bank wearing a mask and carrying a loaded firearm. The defendant told everyone in the bank to “get down,” and then went behind the tellers’ station and began grabbing money with his left hand. The gun in his right hand discharged. The defendant seemed surprised by the discharge, cursed, and ran out of the bank. No one was injured or hurt during the robbery.

The defendant thereafter admitted he committed the robbery. The US Supreme Court upheld the defendant’s sentencing, in spite of the fact that there was 
no evidence of 
intent to discharge the firearm. The Court based its holding on the plain meaning of the statute requiring a minimum sentence of ten years imprisonment when a firearm is discharged during a robbery. The statute, 18 U.S.C. § 924(c) (1) (A), does not expressly state a criminal intent requirement. The Court further held that a presumption of criminal intent was not required. As the Court stated, “[i]t is unusual to impose criminal punishment for the consequences of purely accidental conduct. But it is not unusual to punish individuals for the unintended consequences of their 
unlawful acts” (
Dean v. U.S., 129 S. Ct. 1849, 1855 (2009)).

 

1. Do you think it is ethical to sentence Dean to ten years’ imprisonment for his accidental conduct in this case? Why or why not?

Exercise: Chapter 4: The Elements of Crime

Answer the following questions and make sure your response is 100 words or more for each.

1. As Jordan is driving to school, she takes her eyes off the road for a moment and rummages through her purse for her phone. This causes her to run a stop sign. Jordan is thereafter pulled over by law enforcement and issued a traffic ticket. What is Jordan’s criminal intent in this case? Is Jordan criminally responsible for running the stop sign? Why or why not?

2. Read 
Morissette v. U.S., 342 U.S. 246 (1952). In 
Morissette, the defendant was convicted of unlawful conversion of federal property for gathering and selling spent bomb casings dropped during US Air Force practice maneuvers. The statute required “knowing” conversion of the property, and the defendant claimed he believed the property was 
abandoned. Did the US Supreme Court uphold the defendant’s conviction? Why or why not? The case is available at this link: 

http://scholar.google.com/scholar_case?case=787130527265701764&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site.
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3. Read 
State v. Crosby, 154 P.3d 97 (2007). In 
Crosby, the defendant was convicted of manslaughter of a dependent person by neglect. The defendant’s mother died of “sepsis” and was brought to the hospital covered with feces and bedsores. The defendant was her mother’s caregiver. The jury was instructed that the defendant possessed the mental state of “recklessness” under the statute if she disregarded a substantial risk of 
harm or 
circumstances. The jury asked the judge if “circumstances” included the 
bedsores or 
just death. He responded that the risk could be more than just death and left it up to the jury to decide. Did the Supreme Court of Oregon uphold the defendant’s conviction? Why or why not? The case is available at this link: 

http://scholar.google.com/scholar_case?case=10006178173306648171&q= State+v.+Crosby+S53295&hl=en&as_sdt=2,5Links to an external site.
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4. Read 
State v. Horner, 126 Ohio St. 3d 466 (2010). In 
Horner, the defendant pleaded no contest to aggravated robbery. The defendant’s pre-plea indictment did not contain a mens rea element for aggravated robbery, just the mens rea for theft. The defendant moved to dismiss the no contest plea, based on the fact that the indictment was defective for lacking the mens rea element. Did the Ohio Supreme Court find the indictment defective? Why or why not? The case is available at this link: 

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-ohio-3830.pdf

Case Study: Chapter 4: The Elements of Crime

*Please make sure that your response is 100 words or more for each question/statement. *

 

You are a well-known private defense attorney with a perfect record. Read the prompt, review the case, and then decide whether you would 
accept or 
reject it if you want to maintain your level of success.

1. The defendant and his wife argued. She raised a knife above her head and stated, “Don’t make me use this.” The defendant took the knife away and thereafter stabbed the victim forty-three times in the head and chest with it. The defendant wants to make an 
imperfect self-defense argument. Will you accept or reject the case? Read 
State v. Perez, 840 P.2d 1118 (1992). The case is available at this link: 

http://scholar.google.com/scholar_case?case=7422940810428798296&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site.
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2. The defendants crossed a police tape and trespassed on a medical clinic’s private property while protesting abortion. The defendants want to make arguments in support of 
necessity, 
defense of others, and 
duress. The basis of the defendants’ claims is that they are protecting the lives of unborn children. Will you accept or reject the case? Read 
Allison v. Birmingham, 580 So.2d 1377 (1991). The case is available at this link: 

http://scholar.google.com/scholar_case?case=8254507993974001416&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site.
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3. The defendant, a police officer, shot the victim twice after being summoned to the victim’s home by his wife. The victim was intoxicated and armed with two small steak knives. The defendant shot the victim subsequent to a somewhat lengthy encounter during which the victim lunged at him with the knives. The victim claimed he was putting the knives down or about to put the knives down. The victim is suing the defendant for damages based on use of 
excessive force in arrest or apprehension. Will you accept or reject the case? Read 
Roy v. Inhabitants of Lewiston, 42 F.3d 691 (1994). The case is available at this link: 

http://scholar.google.com/scholar_case?case=8822695050372354696&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site.
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4. The defendant, the Oakland Cannabis Buyers’ Cooperative, distributes marijuana to qualified patients under California’s Compassionate Use Act, which allows the possession and use of marijuana for medical purposes. The US government wants to stop this distribution under the federal Controlled Substances Act, which prohibits possession and use of marijuana under any circumstances. The defendant wants to continue distribution under a claim of 
medical necessity. Will you accept or reject the case? Read 
U.S. v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483 (2001). The case is available at this link: 

http://www.law.cornell.edu/supct/pdf/00-151P.ZOLinks to an external site.
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Discussion Chapter 5: Criminal Defenses

Two Prosecutions—Two Different Results

In 2002, Brian David Mitchell and his accomplice and wife, Wanda Barzee, kidnapped fourteen-year-old Elizabeth Smart from her home. Mitchell, a so-called street preacher, and Barzee held Smart captive for nine months, tethering her to a metal cable, subjecting her to daily rapes, and forcing her to ingest alcohol and drugs (Dobner, J., 2010). At one point, they transported Smart across state lines to California. Mitchell was put on trial for kidnapping and sexual assault in the state of Utah. The trial court found Mitchell incompetent to stand trial, and did not make a ruling forcing him to submit to medication to remedy the incompetency (Dobner, J., 2010). Unlike Mitchell, Barzee was involuntarily medicated pursuant to a state court order (by the same judge that heard Mitchell’s incompetency claim), and pleaded guilty to federal and state kidnapping, sexual assault, and illegal transportation of a minor for sex, receiving two fifteen-year sentences, to be served concurrently (Dobner, J., 2010). The 
federal government also instituted a prosecution against Mitchell for kidnapping and taking Smart across state lines for sex. The US District Court judge held a competency hearing and found that Mitchell was 
competent to stand trial (Winslow, B., 2010). Mitchell pleaded not guilty by reason of 
insanity. Throughout the trial, Mitchell was often removed from the courtroom for loudly singing Christmas carols and hymns. A serious of experts testified regarding Mitchell’s psychological ailments, including a rare delusional disorder, schizophrenia, pedophilia, and antisocial personality disorder. Nonetheless, the jury 
rejected the insanity defense and convicted Mitchell of kidnapping and transporting a minor across state lines for the purpose of illegal sex (Dobner, J., 2010).

If Mitchell had not committed federal crimes, he might 
still be awaiting trial in Utah.

1. What is the purpose of putting Mitchell on trial rather than delaying the trial for mental incompetency? Is this purpose 
ethical?

Exercise: Chapter 5: Criminal Defenses

Answer the following questions and make sure your response is 100 words or more for each.

1. Carol is on trial for battery, a general intent crime. Carol puts on a defense that proves her conduct was accidental, 
not intentional. Is this an affirmative defense? Why or why not?

2. Read 
State v. Burkhart, 565 S.E.2d 298 (2002). In 
Burkhart, the defendant was convicted of three counts of murder. The defendant claimed he acted in self-defense. The jury instruction given during the defendant’s trial stated that the prosecution had the burden of disproving self-defense. However, the instruction did not state that the prosecution’s burden of disproving self-defense was 
beyond a reasonable doubt. Did the Supreme Court of South Carolina uphold the defendant’s conviction for the murders? The case is available at this link: 

http://scholar.google.com/scholar_case?case=1066148868024499763&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site.
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3. Read 
Hoagland v. State, 240 P.3d 1043 (2010). In 
Hoagland, the defendant wanted to assert a 
necessity defense to the crime of driving while under the influence. The Nevada Legislature had never addressed or mentioned a necessity defense. Did the Supreme Court of Nevada allow the defendant to present the necessity defense? The case is available at this link: 

http://scholar.google.com/scholar_case?case=8002120339805439441&q= Hoagland+v.+State&hl=en&as_sdt=2,5&as_ylo=2009

Case Study: Chapter 5: Criminal Defenses

*
Please make sure that your response is 100 words or more for each question/statement. *

 

You are a law professor searching for cases to illustrate certain legal concepts for your students. Read the prompt, review the case, and then decide which 
legal concept it represents.

1. The defendant’s vehicle matched the description of a vehicle seen in the vicinity of a burglary before the burglary, during the burglary, and after the burglary. The defendant claimed that the evidence was insufficient to prove he was an accomplice to the burglary. Does this case illustrate the legal concept of 
accomplice act, 
accomplice intent, or 
both? Read 
Collins v. State, 438 So. 2d 1036 (1983). The case is available at this link: 

http://scholar.google.com/scholar_case?case=8573128029213310764&hl=en&as_sdt=2,5&as_vis=1Links to an external site.
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2. The defendants, foster parents, were found guilty as accomplices to the felony murder of their two-year-old foster daughter. Although both defendants testified that the victim died from injuries experienced after a fall from a swing, medical experts reported that the victim’s injuries were inconsistent with that testimony and appeared to be the result of child abuse. The jury convicted the defendants as accomplices to felony murder after a jury instruction stating that an omission to act could constitute the criminal act element for accomplice liability when there is a duty to act, and parents have a legal duty to come to the aid of their children. Does this case illustrate the legal concept of 
omission to act, 
statutory interpretation, or 
both? Read 
State v. Jackson, 137 Wn. 2d 712 (1999). The case is available at this link: 

http://caselaw.findlaw.com/wa-supreme-court/1412039.htmlLinks to an external site.
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3, The defendant, an electrical contracting company, was found guilty of violating OSHA regulations that led to an employee’s death. The victim, an apprentice in training, touched a live electrical wire and died from electrocution. The OSHA statute in question required “willful” conduct on behalf of the company. The jury instruction on willful stated that a company acted willfully or knowingly if individual employees of that company acted knowingly. The evidence indicated that some employees knew or were aware of live wiring in the vicinity of the accident. The defendant appealed and claimed that the jury instruction should have stated that a company acted willfully or knowingly if individual employees acted knowingly 
and had a 
duty to report that knowledge to the company. Does this case illustrate the legal concept of 
criminal intent, 
vicarious liability, or 
both? Read 
U.S. v. L.E. Meyers Co., 562 F.3d 845 (2009). The case is available at this link: 

http://scholar.google.com/scholar_case?case=2854285863509787279&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site.
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4. The defendant was convicted of both first-degree murder and accessory after the fact to that murder. The trial court did not instruct the jury that the offenses were mutually exclusive and that they could only convict the defendant of one or the other. The defendant appealed on the basis that he was entitled to a jury instruction that prevented a conviction on both murder and accessory after the fact to murder. Does this case illustrate the legal concept of the 
criminal elements required for accessory after the fact, the 
criminal elements required for murder, or 
both? Read 
State v. Melvin, No. 382PA09 (North Carolina 2010). The case is available at this link: 

http://caselaw.findlaw.com/nc-supreme-court/1549865.ht