Ohio Revised Code Assignment #2 (60 points) Due 04/26/18 at 11:00 am – UPLOAD TO MOODLE.
Bring a copy of your answers to class on 4/26/18. We will review each of the cases in class.
REMEMBER – you must prove each and every element of the crime – so pay careful attention to the language of the law AND ALL THE ELEMENTS of the criminal offense.
Chapter 2901 General Provisions contains definitions of the elements. The definition codes are NOT CRIMINAL STATUTE CODES. The definition codes for each category of offense are NOT CRIMINAL STATUTE CODES.
Required format for your answers – failure to follow this format will result in a grade of 0 for the entire assignment.
- Identify the specific criminal statute for each crime AND each offender. Write the code number (29xx.xx) and the name of the crime (Aggravated Robbery) for each crime and each offender. If you decide there is a crime in which there is only an attempt you must identify the code for attempt and the crime that was attempted (ex- 2923.02 Attempt to Commit 2907.01 (a) (1) Rape). If you decide there is a crime in which others are accomplices to commit a crime you must identify both the complicity and the crime (ex – 2923.01 Complicity to Commit 2913.02 Theft).
EXAMPLE: Crime – 2907.03 (A) (6) Sexual Battery Offender – Clarence Thomas
- Statement of the Facts: Identify the behaviors of the offender(s) that are consistent with the elements of the crime(s) committed that the State must prove to sustain a conviction
EXAMPLE – Clarence Thomas (person) engaged in sexual intercourse (sexual conduct) with Ruth Ginsburg (not the spouse of the offender) and Ruth Ginsburg (the other person) is on probation (in custody of law) and Clarence Thomas is her probation officer (offender has supervisory or disciplinary authority) over Ruth Ginsburg (the other person).
The elements are within the parenthesis – you must include ALL the elements in your statement of the facts.
You must provide a statement of the facts for every crime and every offender.
Case #1 (10 pts). A Tiffin mother shocked her son with a Taser to wake him up for Easter church services. Carrie Underwood, 40, zapped her 17-year-old son’s left leg with a Taser. The 17-yr. old told police that Underwood did shock him with the Taser and he identified two burn marks on his leg where the Taser made contact. Carrie stated “my son knows worshiping the lord is important to m and he should have gotten his butt out of bed the first time I told him.”
Case #2 (10 pts). Stevie Wonder told police he deliberately did not put his 2-yr-old son in the baby-seat in the backseat of his car prior to intentionally crashing the vehicle at 75 mph into the guardrail on the turnpike. Wonder’s son suffered a broken leg, rib fractures, a severe concussion, and a cut to his forehead that required 28 stitches. Wonder told police “being a father is a big responsibility and I don’t think I’m man enough to raise a child, so I wanted to get rid of him.” Wonder also admitted he wanted to die in the crash.
Case #3 (10 pts). Conor McGregor entered the Elm Street Stop and Rob convenience store with a pink handgun. He approached the register and gave the clerk a note demanding money. When she refused, he pointed the gun at her and said “I’ve killed before and I will kill you.” The clerk just laughed at said “what you gonna do with that little pink toy gun, sissyboy? That really made McGregor angry so he fired his weapon at the clerk. McGregor wasn’t a very good marksman, and even though he was standing just 4 feet away from the clerk he only shot her in the arm. The bullet went through the clerk’s arm, then through the window and struck Kim Kardashian in the neck while she was standing outside near the door of the store waiting for a bus. Kardashian died at the scene.
Case #4 (10 pts). 15 yr old Danny Zuko was at 14 yr old Betty Rizzo’s house. She had invited him over to study for an algebra test. Danny was obsessed with Betty, but despite his best efforts to convince her he was her teen-angel, she refused to give up her virginity to him. Danny decided he wasn’t taking no for an answer. Danny hit Betty over the head with a skillet he found in the kitchen, knocking her unconscious. Danny then pulled her pants off, put his penis in her vagina, and humped her until he was satisfied. Danny live-streamed the act on Facebook. When Betty regained consciousness, Danny said “ I knew you would like it” then he fled. Betty soon received a text message from her best friend Frenchie Conway. Frenchie, age 14, sent Betty the video of the assault and called her a slut for having sex with Danny, who at the time was Frenchie’s boyfriend. Frenchie also sent the video to another friend, Dinah Manhoff, age 15, who was horrified to receive the video of the sexual assault and she called police. Dinah did not send the video to anyone else
Case #5 (10 pts). Dana Owens grew exceptionally tired of taking care of her boyfriend Lenny Kravitz, who had been paralyzed 5 years ago in a drive-by shooting, which Dana blamed on his refusal to get out of a gang. Lenny was unable to provide for his own care and Dana was his full-time nurse-maid, which really pissed her off and she complained quite often to all his friends about what a burden he was. Friends of Lenny became concerned when one cold winter day Dana told them that she and Lenny broke up, and he went to live with his sister in another city. Lenny’s friends suspected foul play since Lenny didn’t have a sister. No longer needing to be Lenny’s caretaker, Dana started hanging out at the clubs, where she liked to chase shots of whiskey with Pabst Blue Ribbon beer. When Dana drank she got wasted and she also got talkative. Whether she was trying to impress stud-muffin Eminem or was just talking through her alcoholic haze, she ended up telling Eminem she took Lenny to a wooded area near the house and parked him and his wheelchair in a grove of trees and left him there because she was tired of caring for him. Eminem notified police and sure enough, they found the body of Lenny, frozen solid in the wheelchair. The autopsy confirmed it was Lenny and he had died of hypothermia. When police interviewed Dana she admitted she left him in the woods because she was tired of taking care of him and tired of him stealing the best years of her life.
Case #6 (10 pts). Toddlers are known for several things, like sucking their thumbs or grabbing the dog’s tail, but they are not known for killing their mother. Three-year-old Adam Lanza was playing hide and seek with his nine-year-old sister Emily when he spotted a handgun under the sofa. He picked it up and pointed it at the dog, then pointed it at Emily, which made her yell for Mommy. Adam’s mother, who had been in the kitchen came out to the living room and saw Adam with the gun. As she approached him to take the gun away, Adam pulled the trigger. The bullet struck her in the forehead killing her instantly. Adam dropped the gun and went over to his mother and laid on her chest telling her “wake up Mommy.” Adam’s father Roy Lanza, who owned the gun, heard the shot and ran into the living room to find his wife dead. Roy’s brother Michael (21 yrs old) was also in the house and he ran into the living room to find Roy cradling his wife’s dead body. Michael grabbed the gun and Roy told him to hide it in the crawlspace because Roy was on parole for armed robbery and wasn’t allowed to have a gun. When Michael called police, he told them someone had entered the house and shot his brother’s wife. When police arrived, the officers asked Roy to find someone to take care of Adam and Emily, so the children would not have to be in the middle of the investigation. Roy would not put his son down or call anyone. Adam began crying and said “I hurt Mommy.” Emily then told police that Adam shot Mommy. Soon the story unfolded and Michael admitted the gun he had hidden the gun in the crawlspace.
