(SOLVED)Deanna, a single mother of ten-year old Vickie, worked as a cashier at the local grocery store
Discipline: Law
Type of Paper: Question-Answer
Academic Level: Undergrad. (yrs 3-4)
Paper Format: APA
Question
Lesson # 6 Legal Writing
Deanna, a single mother of ten-year old Vickie, worked as a cashier at the
local grocery store. Deanna had recently broken off her relationship with
Randy, a drug addict who had been violent toward her on several occasions. One
morning Randy was in the parking lot outside the grocery store and telephoned
Deanna at work. Randy told Deanna that a friend of his was outside Vickie’s
school. Randy said that if Deanna did not immediately bring $1,000 to Randy in
the parking lot, he would call and direct his friend to harm Vickie.
Over the next several minutes, Deanna put in her pants pocket $400 from her
cash register at the grocery store. She then went to the manager’s office,
where she had heard there was a safe containing a large amount of cash. No one
else was in the manager’s office.
Alma, an assistant manager who works at the cash register next to Deanna’s, saw
how upset Deanna was after the phone call. Alma followed Deanna to the manager’s
office, where she found Deanna looking through desk drawers.
Deanna told Alma that she was looking for the keys to the safe because she
“needed some papers” from it. Alma smiled, told Deanna where the keys were, and
then said, “You don’t have to lie to me, Deanna. I’ll be outside keeping watch
for you.” Deanna replied, “Thank you so much, Alma, I am in a desperate
situation right now and will return the money to the safe as soon as I can.”
As Alma stood in the hallway outside the manager’s office, Deanna opened the
safe, removed $600, relocked the safe, and returned the key to its location.
Deanna then brought $1,000 to Randy in the grocery store parking lot.
What crimes, if any, can Deanna and Alma reasonably be charged with, and what
defenses might each assert? Discuss.
Required Viewing
Taft Law School Video #6
(Please refer to your Legal Writing Workbook for the Essay. The video will state
it is 'session eight', this is the correct video for this course.)
Required Reading Assignments
Basic Legal Research - Read pages 247-269.
Read pages 35-42 from the Legal Writing Workbook.
Writing Assignment # 6 to Be Submitted for a Grade:
Open a blank Microsoft® Word® document which should be labeled 'Legal Writing
604 Assignment # 6' followed by your last name and your student number. Once
you have completed this assignment, save it on your computer where you will be
able to find it. You will then use the 'browse' button at the bottom of the
assignment to retrieve the assignment and then submit it by clicking the
'upload' button.
Please carefully follow the below instructions:
This assignment should be taken under exam conditions (one-hour time limit,
closed book, no smoking). The assigned essay questions should be taken at one
sitting. Please write your answer in the IRAC format.
Your assignment will be evaluated and critiqued. You will receive your personal
feedback on your assignment within 14 days.
Please write an IRAC answer to the following Criminal Law essay.
Remember, this assignment must be prepared in
Microsoft® Word® using the Times New Roman font, 12 point, single space, double
space between paragraphs. Each page must be numbered and your last name and
student number included on the upper left hand corner of each page.
This research/writing assignment is to be submitted in the box at the bottom of
the assignment page.
The Microsoft® Word® file name must read Legal Writing 604, Assignment # 6
followed by your last name and student number (Example: Legal Writing 604,
Assignment # 6, Jones, # 3500)
EXPERT SOLUTION PREVIEW
What crimes can Deanna
and Alma be charged with and what defenses might they assert?
State v. Deanna
Inner Door Doctrine If a room or inner
structure is part of the protected structure, here, the Grocery Store,
if the D breaks into the Safe, it will be construed as an inner breaking for
burglary purposes. Here, Deanna broke into the safe, and took $600 which was
the property of another, the Store. Thus, unauthorized entry and
breaking into the safe, without consent, with the intent to commit a
crime, the larceny, taking of the $600. Defenses
Common Law Burglary
Common Law Burglary is defined as
the breaking and entering [of a] dwelling house of another at night with
the intent to commit a felony. Here, the local store is not a dwelling house, and the theft
does not occur at night, and there is not breaking and entering. Thus,
there is no Common Law
Burglary.
Modern Statutory Burglary
Modernly, breaking has evolved
into unauthorized entry. Nighttime has been eliminated. Dwelling
house has changed to any protected structure. Here, we have an
unauthorized entry into a protected structure, the safe, during the day without
consent or privilege.
Deanna will argue that she had
consent of Alma, who was her supervisor. Store will assert that
Alma had no such right and that the entry was without consent, voiding
the use of the key. The defense fails, and she commits a larceny.
Larceny
Under the Common Law (CL) is a
trespassory taking of and carrying away of the tangible personal
property of another with the specific intent to permanently deprive the
owner. Here,
Deanna, takes the property with the “intent to return the money” according
to the facts. If the Court believes this, she
would have a defense to the larceny and the underlying modern burglary. However,
she handles the money in such a way, “giving the money to Randy,” who
intends to abscond with it. Since she lacks the
substantial capacity to return the money, then the Court must find the “intent to permanently deprive or steal”. Further, Deanna is a low level…..
