Legal Questions / Law Questions if You Have Time?

Published May 16, 2010

This is 2 questions out of 73…yes, 73 question.. stuck on theses two, any help would be great. Will vote for best as always. Thanks guy’s.. Stuck!!! Question:1 : … Johnny Addict and Dan Dependent were both in recovery in a posh Beverly Hills recovery center trying to kick their cocaine habits. Johnny had other problems as well, he had been busted shop lifting female undergarments from a shop on Rodeo Drive and the police were anxious to ruin his career as a game show host by convicting him of shop lifting. Dan was a recovering cocaine addict with two convictions of possession of CDS. Johnny was talked into a plan by the local police in which he would lure Dan into buying some cocaine for a sting operation and the shop lifting charges would be dropped. Johnny approached Dan on at least five occasions to attempt to persuade Dan to purchase some cocaine and on each occasion Dan refused. Johnny even went as far as to threaten to kill Dan’s prize poodle when they got out of recovery if Dan didn’t purchase the cocaine for him. Finally, on day 117 of a 120 day recovery program and after much pleading and begging by Johnny, Dan reluctantly capitulated and purchased an eight ball of cocaine from Johnny’s source which turned out to be an undercover policeman. The State is now seeking to prosecute Dan. Question: 1. Discuss the defense of entrapment and be sure to identify the burden of proof required by the Defendant and the State. 2. Discuss the availability of any other defense that might be utilized by Dan.

Question 2…..
Gene Goodtime had just finished his last beer at the local bar and in an effort to avoid his wife’s angry beating he decided it was time to go home. Gene’s address was 212 N. Elm but due to a combination of poor eyesight and intoxication Gene pulled into the home at 221 N. Elm that was identical to his own. The door was unlocked and Gene went inside the wrong residence and plopped down on the couch to go to sleep (the couch was similar to the one in Gene’s home). Hearing a noise downstairs, Sally Spinster, summoned the police and the police arrived at the front door. Officer Willy was the first to arrive and believing a robbery was in progress, began to quietly enter the residence with his service weapon drawn. At this moment Gene woke up and thinking a burglar was trying to gain entrance to his home grabbed an ornamental samari sword that hung on the wall that Sally’s husband had brought back from World War II and struck Officer Willy severing Willy’s right hand. Sally made her way down the stairs and turned on the light and everybody realized a mistake had been made. Question: 1. Is the defense of self-defense available to Gene? Discuss the following- the retreat doctrince, the castle doctrine and the doctrine of mistake.

Legal Questions / Law Questions if You Have Time?

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