Criminal Law

There are two assignments.

Each assignment must be at least 2 pages.

Assignment 1:

Dan was facing trial for robbery of a convenience store. Cathy, the clerk, was
scheduled to be the main prosecution witness. Shortly before the trial was to
begin, Cathy heard a knock on the door of her apartment and called, “come in,”
thinking the person knocking was a neighbor. She was startled to see Dan enter.
He pointed at her and shouted: “You better not testify against me or you’ll end up
with acid in your face.” Cathy screamed and Dan fled.
A police officer who heard Cathy’s screams saw Dan leaving and chased him,
but Dan drove off before the officer could stop him. Dan drove 30 miles per hour
in a 20 mile per hour zone and ran a stop sign at a nearby corner as he left the
area of Cathy’s apartment. His car struck Victoria’s car as she entered that
intersection. Victoria was killed in the collision. Dan was arrested at the scene.
A statute provided that intimidation of a prospective witness is a felony.
Based on the above facts, is Dan guilty of:
1. Violation of the statute? Discuss.
2. Burglary? Discuss.
3. First-degree murder or any lesser included offense? Discuss.

Assignment 2:

Dan was unemployed and needed money badly. Victor refused to lend Dan
any money.
Shortly thereafter, while Dan and his good friend Al were driving to a store,
Dan told Al about his financial trouble and expressed extreme anger toward
Victor. Dan said he would “get even” with Victor and that he had a “special
surprise” for Victor that would make Victor remember him for a long time. Al
knew that Dan had a violent temper and recently had beaten another man with a
baseball bat because the man had accidentally dented Dan’s car. Al thought
Dan might have something like that in mind for Victor.
As they passed Victor’s office, Al saw Victor on the sidewalk and said: “What
a coincidence. There’s Victor now.”
Dan immediately stopped the car and, pulling his cap down to hide his face,
jumped out, punched Victor, and then pushed Victor several yards into a narrow
alley. Al backed the car into the alley and then returned to the passenger seat.
In the meantime, Dan had forced Victor to the ground where he took all of
Victor’s cash. He then pulled out a knife and slit Victor’s nose. Dan then ran to
the car and drove away. Al, upset about the knifing, said to Dan: “You didn’t tell
me you were going to cut him.”
1. With what crimes may Dan be charged? Discuss.
2. On what theory or theories might Al be charged with the same offenses
with which Dan is charged, and what defenses should the prosecutor
anticipate to each? Discuss.

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