Write a 2 page paper analyzing the fact pattern scenario below. Provide a detailed analysis of what crimes each person may be charged with and which defenses might be available to each person. Make sure your support your response with legal reasoning using the Model Penal Code.
Make sure all citations are in APA or Blue book format.
Please see the attached grading rubric below. This grading rubric will be used to grade this assignment.
Mike and his young girlfriend, Tina, both out of work and penniless, thought that love was all that mattered and decided to get married. Although Mike had no money, he told Tina he was going to buy her an engagement ring. Tina inquired how he could afford it and he looked at her, winked, and said, “watch me”. The couple went to Malaguti’s Jewelry store and Tina picked out the ring of her dreams, which cost $5,000.00. Mike paid in cash and Tina could not understand how and asked where Mike got the money. Mike rushed Tina from the store with the ring.
Mike told Tina not to worry about the money and besides, it only cost him $500.00 because the money was counterfeit and he had purchased it earlier from his friend Tony. The argument ended as he kissed her and slipped the ring onto her finger. They got married the next day at the Justice of the Peace.
After the ceremony they decided to go to the local bar and drink to their wedded bliss. While there, several friends purchased multiple rounds of shots for them. Mike drank what Tina was unable to. When Mike ordered more, the bartender Tommy, refused to serve him further due to his condition. An argument ensued and Mike pulled out a gun from his pocket and fired a single shot which grazed Tommy’s arm, ricocheted and killed Maria, another bartender, who was standing behind Tommy.
Mike grabbed Tina and started to leave. Tina, who had come to her sense about Mike by now, resisted, but Mike forced her out and pushed her into his car. Tina insisted that if he did not turn himself into the police, she would. Mike drove to his friend Tony’s apartment. Mike pushed Tina, now hysterical, into Tony’s apartment and told Tony what happened. Mike, now panicked, aimed the gun at Tina. Tony, a small time x-con did not want to be charged with murder, so he stepped in front on Mike to try to stop him. Before Mike could accomplish this however, Tina had backed away from Mike to an open window from which she fell to her death. Mike then hit Tony over the head with the gun and Tony fell to an unconscious state. Before leaving, Mike filled his pockets with Mike’s phony money to use for his getaway.
Mike flagged a taxi down to take to his apartment. The taxi driver, Marie, realized the money was phony Mike had paid his fare with. In a fit of anger, and remembering where she dropped Mike off, Marie decided to get the money that was owed to her and went to confront Mike. After no one answered the door, Marie noticed a doggie door on the side door. She decided to slip through the dog door and tip toe into the apartment to get her money. In the dark, she tripped over a skate board, hit her head. In the morning the police were called to Mike’s apartment. Marie was taken to the hospital and eventually released.
Week 8 Assignment Grading Rubric 302.docx (14 KB)
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