Principles of criminal law

Criminal Law and Procedure

The act of rape is defined as the nonconsensual sexual intercourse that is committed by physical force, threat of injury, or other duress (325). In the case of M.T.S. It was held that force can be automatically interpreted by the fact that un-consensual sexual penetration has occurred (334). Here, X took Y's car keys and refused to take her home until she undressed and had intercourse with him. Additionally, he squeezed her neck and used his stature as a means of forcing her into bed. According to the facts, X proceeded to penetrate Y without her consent. Thus, it can be concluded that Y was raped.

Duress is defined as force or threat of force to force someone to commit a desired act (326). Here, the director offers Y the role in a movie if she agrees to share intimacies with him. D is not using any actual force or threat of force, but rather simply promising a job in return for the act. While D's actions were dishonest, he did not force Y to comply. Additionally, Y agreed to the act and complied only learning later that she was tricked. Therefore, Y was not raped by D.

Part C. The rape shield statutes preclude the entry of evidence of the alleged victim's prior sexual activity with persons other than the accused and any reputation for lack of chastity that the accused possesses (345). Here, the arguments that X had dated five men and slept with one would not be admissible under this rule. However, X could argue that Y's clothing and flirtatious actions caused him to misconstrue her intent. These arguments are admissible and can be argued in court. So, the defense attorney may enter all but the references to previous dating relationships into evidence.

Part D. Under People v. John Z, "An alleged victim's withdrawal of consent effectively nullifies any earlier consent and subjects the male to forcible rape charges under Penal Code section 261(a)(2), if he persists in what has become nonconsensual intercourse." (342). Here, Y clearly stated that she wanted to stop and that she removed her consent during the sexual interaction. So, any further acts after this point are construed as rape. However, X is claiming he could not hear her refusal due to the loud music. It could be argued that she did not make her refusal clear enough, therefore it was not a valid refusal. Thus, Y's refusal is clearly in question.

Part E. Under Garnette v. State it was held that statutory rape laws are strict liability laws (340). Strict liability means that there is no intent requirement (339). Here, Y was 13 years old when she had intercourse with D, a 25-year-old man. D is guilty of statutory rape, thus D. is incorrect. The answer would only be different if the state's law allowed for intercourse with a 15-year-old.

2. False imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement (367). Here, X orders Y to go into an isolated alley off of a busy street. X was only five feet into the alley, however, X was brought to the alley against her will and forced to remain until she handed over the money. Thus, Y was falsely imprisoned or kidnapped.

3. Voluntary manslaughter is the act of killing another in heat of passion, self-defense, or while committing a felony (405). Heat of passion is defined as acting immediately after the provocation, without time to cool off (406). Here, X walks in on Y and discovers Y in a passionate embrace with X's best friend F. X then goes the next day to F's house and kills F. In a fit of passion. Additionally, X did not mind that Y and F. were having an affair. Here, F was not the source of X's fit of passion, therefore X did not act in the heat of passion and will be found guilty of a higher degree of murder.

4. Felony murder is defined as the death of anyone as the result of a felony (393). Here, Z was Y's partner and was killed by a police officer during his apprehension. Z would not have been murdered had it not been for Z. And Y committing the crime and Z. fleeing from the police. However, Y had already been arrested for the crime and was being escorted to the police station when Z. was killed. Therefore, Z's death was not directly associated with the robbery.