Read the factual scenario below and answer the questions below. You MUST use the New York Penal Law and you may also use your textbook & class notes for your answers. You must include as many New York Penal Law Crimes as possible
SCENARIO
Don was in financial trouble. He was behind on paying bills for his business. He had contacted a local known criminal and asked that he burn the business down so that Don could recover the insurance money. The criminal stated that he would need at least $1000 to commit the crime. At that moment Don did not have that much money.
So, Don placed a $5000 bet on a Championship Football game with some local bookies. He was hoping to win enough money to pay the criminal to burn his business. Unfortunately for Don he was not lucky and he lost. Gamblers were threatening Don about debts he owed. Don decided that he needed to take desperate action to avoid being injured by the bookies.
Consequently, he concealed himself at about 11:30 p.m. in a dark alley and sprang on Alan, the manager of a local theater, on his way to a night bank depository with the evening’s receipts. Don jumped out of the dark alley, pushes Alan to the ground and grabbed the bag containing the money and fled. The bag contained approximately $5,600. When Alan hit the ground, he bumped his head and received a concussion. Alan was taken to the hospital and spent one night while they observed him but he did not have lasting injuries. Don also took the manager's keys and went into the theater and took the remaining money out of the safe and the cash register.
Don then returned to the gamblers and paid off the debt.
Don then returned home about 30 minutes after stealing the money and paying the gamblers. He heard a man’s voice in the bedroom he shared with his wife. Don peered through the keyhole and saw Fred partially disrobed and in a conversation with Don’s wife. Don waited until Fred left and then discussed the situation with his wife. A bitter argument ensued. About 3 hours later, Don decided to lock his wife in the bathroom and proceeded to Fred’s home armed with a gun. Don shot and killed Fred without saying a word when Fred opened the door. He then returned home, informed his wife that her lover was dead, packed his suitcase and left the home. The wife called the police and reports the crimes.
Police go to the local hotel and arrest Don. While arresting him, they find him in bed, engaging in sexual intercourse with a local prostitute. The prostitute is willing to testify against him in court as long as the police do not arrest her also!
After police arrest Don, they have him stand in a lineup. Alan, the theater manager, identified Don in a lineup as the man who attacked him in the alley.
What specific crimes can Don be charged with under New York State Penal Law? You must state specific NY sections and subsections for all crimes included in the scenario. If you chose one crime over another lesser or greater offense, you must provide an explanation of why in the explanation section. Just as a note, the answer should contain at least 7 different offenses. You may have even more!
Hint: I have found the following different categories of crimes - now you find the specific crimes to choose:
• Inchoate Crime
• Homicide Crime
• Assaultive Crime
• Confinement Crime
• Property Crime(s)
• 2 Morality Crimes
Answer the following:
• Crime:
o Identify the crime(s) you would charge (the specific NY Crime and Degree). Use the exact name and section number as listed in the Penal Law.
• Mens Rea:
o Identify the required mens rea for the crimes chosen above as listed in the N.Y. Penal Law.
• Actus Reus:
o Identify and list each of the required actusreus for the crimes chosen above as listed in the New York Penal Law. (bullet format - not whole statute)
• Evidence:
o Identify the specific evidence that an investigator would use to prove each element? Be creative. (i.e. fingerprints, DNA, confession)
• Why:
o Explain why you chose this crime over other possibilities. Discuss what the other possibilities were, any lesser included offenses and why you settled on the choice that you made. Convince me that your choice is the best choice! Be thorough! (Don’t say that it fits the crime – you will not receive credit if that is your only answer! Explain WHY!)
• Defenses:
o Identify any possible defenses available for the offense(s). Identify the defenses using the proper terminology, define the defense or state the elements that have to be proven for that defense and explain whether or not they would be successful in this scenario.
• Class:
o Identify the Class of Offense (A Misdemeanor, D Felony, etc.)
• Sentence Range:
o State the possible range of sentence for that crime using the sentencing sections in the NY Penal Law (Section 70.00 = felonies or Section 70.15= misdemeanors) .