Culpability and the possibilities of conviction


Requirements: For this exam you are an intern candidate for the program. Below are 4 sets of past intern experiences, complete the assignment as outlined below.

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Use the experiences below as instructed, read the scenarios about the interns, and identify the possible crimes these characters may have committed. Discuss their culpability and the possibilities of convictions. Reference your answer with cases or statutes (New York Penal Law [include section number where appropriate]). Clearly identify each example and underline the names of the alleged wrong doers and the criminal charges they may be accused of, make sure to at least reference the NY Penal Law for offenses or offence.

  • Discuss their culpability.
  • Identify possible crimes.
  • Identify possibilities of convictions.

Experience 1:

Prof. Don Rehobeth’s intern Christina Chris worked for the U.S. Secret Service where she worked on a counterfeiting investigation. It seems a Nigerian organized crime group asked an American Peace Corps volunteer, Lois Wager, to make frequent visits across the border to Cameroon . The volunteer was told she was delivering needed blood plasma that was illegal to possess in Cameroon. Since Cameroon was in a state of civil war they wanted to keep strategic supplies away from the insurgents. This was clearly a crime in Cameroon, but was a legal activity in the U.S. She was actually carrying $200,000 of counterfeit Camaroonian dollars (US value $800,000) . For each trip she was to receive $1,000 in payment with the promise that she not look into the trunk. The money Lois received was donated to the Red Cross. On the first trip, despite her promises, she checked the trunk and saw blood plasma. This was later switched at a gas stop with counterfeit money. After the first trip she never looked in the trunk again. Before making the second trip she met with her friend of the American Embassy, Karen Callater, over a glass of palm wine. Karen informed Lois that there is no crime in carrying blood plasma across state borders. The two also discussed the situation with the Nigerian counterfeiters and how the government wanted to prosecute this group. Karen noted that the group often took advantage of naive well-intentioned women. Later Lois was arrested and extradited to the U.S. to stand trial. Christina Chris is assigned to the prosecutor’s team to prepare this case for indictment and trial. On her desk is a note from her former Professor, Prof. Giveaway, “chew on the problem as you would chew on taffy!”

Experience 2:

Kyvan Bhoo supervised Mallory Michelle Jones III, an intern with the PUNY University Campus Police. Her experience was with a Fraternity, YGBAD (You Gotta be a Dope), on the Balbany campus. At a party celebrating the end of pledging, a few of the Frat brothers put 100% Vodka in the “nonalcoholic punch.” David Jeffrey, who despite knowing that the punch was spiked, drank 20 full glasses. Towards the end of the evening, one of the more precocious co-eds, Mary Mondoona, known for her wild dressing and sexual activities on campus, approached David about the possibility of a night and morning in her apartment. David initially refused her offer, but then she nibbled at his ear and assured him it was all right. David then asked her how old was she and she responded, “22”. “How do I know you are telling the truth?” he asked. “Here,” she responded, “is my driver’s license. See, I’m 22.” Actually the license was not hers, but her sisters with her sister’s photo on it. David was so drunk he couldn’t tell the difference.


The two spent the night in sexual bliss. In the morning Mary announces to David that she is actually sixteen. David said, “that’s O.K., I’m fifteen, 11 months, and 29 days old.”


Balbany Prof. Shirley Suregood of the Anthropology Department, Ribanian visiting professor, is a recovering alcoholic. She has no idea that the punch is spiked. She has fifteen glasses and begins to lose control of her inhibitions. Back in the Republic of Ribania it is the tradition for older women to introduce young men in the glories of romance and love making. At the party she meets a young freshman, Norman Naive, age 16 years, 11 months, 28 days. She asks him, “Norman, have you ever had a girlfriend?” “No,” he replies. “This is your lucky night, let me show you what we do in Ribania.” She rents a motel room for the two of them, undresses him and begins to kiss him passionately. She then falls unconscious from too much drink. He nonetheless takes advantage of the situation and begins to engage in lovemaking but never actually finishes the act since he is interrupted by room service, who brings more drinks. Quickly he falls asleep.

The next day his father learns of the affair and reports Shirley to the PUNY police, insisting that she be arrested.

Also, at the YGBAD party is Martin Myopic. He also drank the punch. He did not know there was vodka in it, so he drank one glass. Martin has an allergic response to alcohol, so he always avoids it. After, the punch begins to affect him, so he decides to leave. He approaches a car that he believes is his green Subaru. Actually, it is a blue one, but in the dark and because of his poor eyesight he believes it is his. He enters it and finds the key under the mat, the place he usually leaves his. He travels about a mile when he has a seizure that resulted from the alcohol. The car, out of control, hits a dog kennel killing 101 Dalmatians. He is arrested and charged.

It should be noted that Truce MacBrood assigned several faculty members to inspect for ID’s. Due to the spiked punch, all those who were responsible left their posts and about 120 underage students were allowed to enter the party. Not only was the punch available but there was a cash bar, where many of these students purchased ample bottles of Ratt’s Holiday Beer.

One of those students, an expert in the martial arts, performed a demonstration with oriental swords. Because of his inebriated state one of the swords left his hand and accidentally injured a student by cutting her face, leaving her with some disfigurement.

After this incident another student, Jeremy Derek, took the center of attention in a marksman demonstration where he was to shoot an apple off the head of Prof. Red Orlon, a stunt he successfully did many times before. This time he used a new gun, bought from Rheumatoid Arms, especially designed for target shooting. Unbeknownst to Jeremy the wrong gun was put in the mismarked box and the gun was an automatic weapon. When he fired at Orlon’s head a burst of shots sprayed the students and three were severely wounded.


Experience 3:

Prof. Jorge Burtis’s intern Angela Kelsy Free worked for the IRS. She was involved in a tax fraud case that had implications with the Food and Drug Administration (FDA). The alleged perpetrator, Rood Kim, was relatively new to business in the United States, having come from Korea where he operated a chain of grocery stores, A&K (America and Korea) Supermarkets. In Korea, Americans who did business were not required to pay income tax. When he came to the U.S., he opened a chain of 25 stores in three different cities within two states. Before coming he contacted an American attorney who had his letter written in Korean but translated into English. The translator made an error in translation and the American attorney thought Kim was asking whether American businessmen had to pay Korean income tax. Kim read his translated answer to his letter and concluded that he would not have to pay American taxes as long as the Corporation was a Korean one and he paid in Korea. He relied on this letter noting his attorney had contacted the IRS and the American consulate in Korea.

Later Kim learned that in five A&K stores, two in Elmira, NY and three in Mississippi, oriental vegetables were contaminated with pigeon droppings due to the vegetables being displayed on the street without special protection or adequate inspection. This happened despite specific instructions from A&K’s CEO, Susan Clux, that no vegetable was to be left exposed in the open. In fact, Ms Clux, before taking her yearly Hawaiian holiday, made a surprise visit to 15 of the stores and personally checked the vegetables. Despite this effort and fax and e-mail messages instructing employees on the proper care of vegetables, they were contaminated while she was surfing on the beaches. When Kim learned of this, he was in Rome, Italy. He immediately contacted all the stores warning them that he would fire them as he did Ms. Clux if they did not correct their care of vegetables. He then incorrectly instructed his tax attorney to take a deduction for the legal expenses he incurred after Ms. Clux sued him for defamation of character and harassment.


Experience 4:

Larry Lordon’s intern, Mark Marked, worked for the Boneida D.A.’s office. They received a complaint that Dr. Colleen Callous, a physician trained in the Netherlands now working at Flaxton Hospital, took some dubious measures with several patients. The first was a victim of an assault who was still breathing and whose heart was pumping when she arrived at the hospital. Once determining that there was no brain activity, Dr. Callous removed several organs and then removed her from the respirator. The second was a patient from Oregon who was diagnosed with a fatal disease with only a month to live. This patient was in terrible pain and asked to die. Dr. Callous complied with his wish by injecting him with a poison that quickly and sweetly ended his life.

The third was a patient who had lived with her boyfriend (also arrested). When she became ill, despite telling friends and family he would take care of her, her boyfriend neglected to give her the medicine she required. The day before her admittance to the hospital he told her that he was breaking off their relationship. When she arrived at the hospital, the determination was made she would never regain consciousness. Dr. Callous refused to feed this patient intravenously, noting on her charts that there was no reason to waste hospital resources on this case. The ex-boyfriend agrees with Dr. Callous and tells her that his former girlfriend told him she wanted no extraordinary measures taken if she became that ill. The girl’s mother agrees saying her daughter believed in the right to die.

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