Federal Law and Law

CJA/305 Version

Week Three Worksheet

Match the items in the Case Summary column to the Options in the right column by entering the correct corresponding alphabetical letter next to the numbers in the first column. Not all options will be used.

Case Summary

Options

Shaun is driving home at night from work on a six-lane road, under the speed limit. There are no streetlights. A man is crossing the middle of the street, and Shaun does not see him. Shaun hits the man and kills him.

Murder

Voluntary manslaughter

Involuntary manslaughter

Justifiable homicide

Excusable homicide

F. Statutory rape

G. Malice aforethought

H. Necessity

Felony murder

J. Suicide

K. Second-degree murder

L. Renunciation

M. Corpus delicti

2.

I

Ruth's friend Mary asks her to drive her to a convenience store and wait for her. While Ruth waits in the car, Mary shoots and kills the clerk, and robs the store. Mary gets in the car and Ruth drives away.

3.

B

Lisa comes home early from work and finds her husband in bed with her best friend. Lisa grabs a handgun and shoots her friend in the head.

4.

J

Zachary suggested playing Russian roulette with his friend Gary, because he had a handgun and only three bullets. Gary shoots himself in the head and dies.

5.

E

Officer Chan is a city police officer who pulled over a speeding car. Upon asking for license and registration, the driver grabbed a gun out of the glove box and began to turn toward the officer. Officer Chan shot and killed the driver.

6.

A

Ben and Heather have a suicide pact, because their families are preventing them from having a relationship. Ben drives his car, with Heather in the passenger seat, off the cliff. Heather lives and Ben dies.

7.

G

After a fight with his wife, Tom buys a shovel and rope. He tells his wife he wants to drive into the desert to look at the stars. While in the desert, Tom chokes his wife. He digs a hole and buries her in the hole.

K

8.

Andrew abuses his son, Joe, which was noted by Joe's teachers. Andrew gets extremely drunk one day and beats Joe again. After 3 days, Joe dies from his injuries.

9.

M

Scott murders his wife, then takes a boat out to sea and dumps her body. Can Scott be charged with homicide?

10.

L

Nicole owns two aggressive dogs that consistently get out of the backyard. The dogs attack and kill Nicole's 80-year-old neighbor as she takes her daily walk.

11. How does your state's law define kidnapping? What degrees of kidnapping are effective in your state? How do federal kidnapping laws differ from your state's kidnapping laws? Include references.

One site states the definition of kidnapping as follows: "Whether in Phoenix area, or anywhere in Arizona, per A.R.S §13-1304 "Kidnapping" occurs when a person knowingly restrains another person with intent to accomplish certain goals including: ransom; shield/hostage; slavery; or to inflict a sexual offense, death, or physical injury" (Cantor, n.d.).

Kidnapping in Arizona is considered a class 2 felony regularly, but can jump up to a class 4 felony if a person kidnaps a person under the age of 15 and was physically harmed in the process and the punishment for a class 4 felony kidnapping can be life in prison. Class 3 felony is when the kidnapper makes a deal with the state and releases the victim.

The federal law for kidnapping is 18 U.S. Code § 1201 -- Kidnapping. The key difference for the federal law versus state law is the inclusion of a foreign official as detailed in section 1116(b) as well as the act being performed in a special aircraft jurisdiction.

12. How do false imprisonment and abduction laws vary from kidnapping in your state? Include references.

The state used will be Arizona. Kidnapping can go up to a class 4 felony while unlawful imprisonment is a class 6 felony. If the defendant voluntarily releases the victim without harming said victim before arrest, it becomes a class 1 misdemeanor. The key difference between kidnapping and unlawful imprisonment is no force was used to take the victim for unlawful imprisonment. The 'restraint' was performed under duty or as a relative of the victim/person restrained in order to gain custody (Rock, n.d.).