Discuss the elements of statutory rape

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Question 1: Jim met Rhonda in a bar and that evening they had sexual intercourse. The drinking age is 21. The age of consent in the State is 17. Rhonda was fifteen years old at that time. Rhonda becomes pregnant from that encounter. Jim is charged with statutory rape. Discuss the elements of statutory rape and whether or not you believe Jim is guilty of this (or another) offense?

Question 2: Pam was in her car and was on her way to the hospital after receiving a telephone call that her husband had had a heart attack and was being transported there.

She put on her emergency flashers and began driving at highway speeds.
She changed lanes and the driver behind her began signaling at her to pull over.
She sped up and that driver caught up to her and signaled for her to pull over.
Pam became extremely frightened and began speeding until she got to the hospital parking lot.
The car that had been following her pulled up and the person approached her car and demanded that she exit her car.
She refused. The person identified himself as Nick and stated that he was a police officer.
Pam did not see a uniform or a marked car and she refused. Nick was in fact a police officer who was off duty. He told her she was under arrest for speeding and improper lane change. She was never ticketed.
Could Nick be charged with assault?

Question 3: Dr. Thomas went into operating room 1 and removed the appendix of Patient 1 and then went into operating room 2 and removed the left leg of Patient 2 . Both patients had signed informed consents for their intended surgical procedures. Dr. Thomas, however, mixed up the Patients - Patient #1 was supposed to have his left leg amputated and Patient #2 was supposed to have his appendix out. Did Dr. Thomas commit a battery in either or both cases?

Question 4: Ray approached a woman in a shopping mall parking lot, grabbed her car keys and stole her car. Ray pulled away and as he was driving onto the highway entrance ramp he noticed that there was a baby in the back seat in a carrier. Ray quickly returned to the parking lot, parked the car, took the baby out of the car and put the baby on the sidewalk, started the car on fire, left the keys by the baby and took off running.
1) Could Ray be charged with kidnapping?
2) Could Ray be charged with false imprisonment?
3) Could Ray be charged with robbery?
4) Could Ray be charged with extortion? 5) What other crimes could Ray be charged with?

Question 5: Tim was 8 years old when he was in his home with his father and mother. He was out playing when he noticed his neighbor's front door open (the neighbor that always gave him icecream.) He went inside the front door and noticed a gun laying on the front entry table. He took it and returned home hiding it under his bed. About an hour later, Tim's mother left to run and errand and a friend of his father's came over. Tim's father told him to do his homework and Tim didn't want to - they fought about it and Tim was ordered to go to his room. He did so and retrieved the gun. He returned and aimed it at his father, pulled the trigger and was surprised when a bullet exited, instantly killing his father. He dropped the gun in panic and a second bullet dislodged severly injurying his Dad's friend.

1) What crimes could each of the following be charged with?
(1) Tim (2) The neighbor (3) Tim's mother

2) Assume you were the prosecutor, now that you have identified the crimes you COULD charge - what crimes WOULD you charge and why?

3) What punishments do you feel would be most appropriate and why?

Reference no: EM13788690

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