Reference no: EM133243382

Assignment - There is no reading to these questions. These are real life cases.

Part A -

1. An intruder broke into Gregory Mason's home at 3:00 a.m. on March 15, 2010, with the intent to steal his expensive and rare coin collection. Asleep upstairs when he heard the noises in the middle of the night, Gregory, armed with a baseball bat, proceeded to beat the intruder nearly to death. He was charged with the crime of aggravated battery and is awaiting trial. Gregory is considering what options, if any, he has as a defense to the crime. If you are Gregory's defense lawyer, what type of defense would you suggest and why?

2. Patrick O'Sullivan was an invited guest at the home of his friend, Todd Smith. Along with a group of friends, the two were playing pool, drinking beer, and watching an NFL football game. As Patrick was walking to his car to head home for the evening, he heard a fight break out in the house. As Patrick reentered the house, Todd threw kerosene on him and threatened to light him on fire. Patrick pulled out his gun and fatally shot Todd three times in the chest. Did Patrick have a duty to retreat before using force in self-defense?

3. Paul Matthews was a private security guard at the Quick-E-Mart grocery store in Compton, California. One afternoon while Paul was on duty, two armed men entered the store and demanded money from the cashier. Armed only with pepper spray, Paul was initially paralyzed with fear and unable to respond. As the criminals were fleeing from the store, however, they also decided to take Paul's new iPad. Fearing the criminals would escape with his iPad before the police arrived, Paul chased after the gunmen, sprayed them with pepper spray, wrestled one of the guns away, and shot both men. Can Paul use a law enforcement defense?

4. Kathy and Mark set off in late fall on a romantic camping trip on the Appalachian Trail. Mark, however, was not very skilled at camping and forgot to pack any type of tent or sleeping bag. As night fell, the two began to fear they would freeze to death without shelter. They stumbled upon a small cabin and broke a window to gain entry. Once inside, they started a fire, helped themselves to a few cans of SPAM and beans, and drank a bottle of fine aged scotch they found in the pantry. A neighbor noticed the smoke from the chimney and called the police. Mark and Kathy were charged with trespassing. Are they entitled to the choice of evils defense?

5. Every week, Michael played in a game of intramural football with his college friends as his team's quarterback. One afternoon while playing in the intramural championship game, a particularly aggressive linebacker named Ray picked Michael off the ground and threw him violently onto the turf. As a result of the encounter, Michael fumbled the ball and he suffered a severe concussion. The referee flagged Ray with a penalty for his conduct. The police are also considering charging Ray with battery. You are Ray's lawyer. In response to the potential charges, Ray has simply stated, "That's football." Is Ray entitled to any defenses? Why or why not?

Part B -

1. Court Decision - State v. James

Summarize the case:

1. Explain how and when the castle doctrine applies in Florida.

2. Did Mr. James have a duty to retreat?

2. Court Decision - Commonwealth v. Harry W. Leno, Jr., et al.:

Summarize the case:

1. The defendants are alleging a right to the necessity or choice of evils defense. What are the two "evils" at issue in this case?

2. What was the majority's holding in the case?

3. Explain Chief Justice Liacos' concurrence.

3. Court Decision - Helton v. State:

Summarize the case:

1. When is physical contact with another person covered by the consent defense in Illinois?

2. Why should the defendant be convicted of a crime when the victim consented to the beating?