Steve and Andrew entered a club in New York City a little after 9 p.m. on a Friday night. Steve ordered a vodka and cranberry and Andrew ordered a beer
Steve and Andrew entered a club in New York City a little after 9 p.m. on a Friday night. Steve ordered a vodka and cranberry and Andrew ordered a beer. After 2 hours of drinking in which both men had five drinks, they worked their way to the dance floor. After dancing for 30 minutes with two girls, Olivia and Anna, Steve and Andrew were approached by two men. The two men, Chris and Rob, were yelling at Steve and Andrew, indicating that Olivia and Anna were their girlfriends. After verbally assaulting each other, a physical altercation began. All four men were hitting, punching, and pushing each other. Steve punched Rob and he began to fall backward. Standing behind Rob was Olivia. Rob slammed into Olivia and she hit her head on a piece of metal floorboard that was broken. She immediately lost consciousness. The police were called and all four men were arrested. Olivia was taken to the hospital where she later died of a brain hemorrhage.
The evidence at trial established the following:
All four men had a blood alcohol concentration level of .20%.
Olivia and Anna had a blood alcohol concentration level of .15%.
In the past month, the club had been cited for liquor violations.
In the past 6 months, the club had received two safety violations for construction standards and electrical concerns.
The club’s bouncer had called in sick and they were waiting for a replacement to show up when the incident occurred.
The bartender could not recall how many drinks were served to the men and women involved in this incident.
Indicate who would be charged with a crime and indicate why. (Have the elements of a crime been met?)
Identify the specific criminal charges that would be filed.
Analyze whether a pretrial motion would be successful in this case.
Assume that the bartender will not be available to testify at trial, and draft 10 deposition questions you would ask to preserve the testimony for trial.
Develop a video of your opening statement on behalf of the defendant’s that you have identified.*
Determine which jury instructions you would need to submit to the court.
Assume that you are a juror hearing this case. What would be your decision in this case? Please provide your reasoning.
Determine the possible punishments if the defendants are found guilty. What type of punishment could be applied?
Length: 12 paged paper
5-minute opening statement transcript (1 page)
References: Include three to five legal resources.
Your assignment should demonstrate an understanding of legal research and writing. You should use critical thinking, practical application and analytical reasoning in completing the assignment. In addition, the assignment should display a good understanding of the substantive content, and demonstrate your ability to communicate information clearly, effectively, and in an appropriate tone. BLUEBOOK standards for legal formatting and citation should be adhered to in this assignment.
Please if you have any questions please ask because I do not want it to be done incorrectly.
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