Crimes Against Persons and Government
10540Scenario 1
Lori is walking to her car in a shopping mall parking lot at night when Brian suddenly jumps in front of her and points a knife in her face. Brian strikes Lori. Fortunately, Lori took a self-defense class and hits Brian with her knee and fists and while running to safety, falls and hits her head. Lori dies from her injuries. Brian is subsequently arrested and charged with assault, battery, and murder.
Determine whether FLORIDA will prevail in a prosecution against Brian for assault, battery, and murder, and to what degree of murder.
Refer to FindLaw’s State Criminal Law webpage to locate the criminal laws in FLORIDA.
Be sure to identify all the elements and evidence necessary for a conviction.
Scenario 2
Jack is angry at his local school because his son is being bullied. He drives to the school to meet and talk to the principal. At the school, the meeting does not go well and he threatens to “bring the house down” if his son is not better protected at school. Jack creates a Facebook page titled, “Down with Hill High School” and advocates to followers to “change the regime.”
Under federal law, can federal prosecutors charge Jack with terrorism?
Explain why or why not.
Scenario 3
Juan has worked on Bob’s farm for 10 years and one night gets arrested for DUI. When Juan fails to show up for work on Monday morning, Bob finds out that Juan is in the country illegally. Juan shows up at Bob’s house and asks for his last paycheck so he can flee the country. Bob can’t pay Juan but agrees to let him stay in his home and work around the farm for food and shelter. Juan remains in the country illegally for another two years, misses his criminal and immigration hearings, and marries Bob’s daughter, a U.S. citizen. Bob and Juan are arrested by immigration federal officers two months later.
Under immigration law, can Bob be charged with harboring an illegal alien?
Can Juan be removed from the United States, pending a fair hearing?
Instructions
Pursuant to the chapter readings, write a 3–4-page paper in which you analyze the three scenarios explained above and answer the specific questions.
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