Test # 2 – Internship Follies
The Criminal Justice Faculty of Butica College founded by Serious University is discussing the effectiveness of its renowned internship program. Program Coordinator Professor Truce McBrude calls the group together and announces this year each of the intern candidates will be tested on their understanding of criminal law prior to their being placed at their internship site. The group agrees to examine all ‘potential interns’. The exam is made up of case studies based on the “experiences” of past interns.
For this exam you are an intern candidate for the program. Below are two sets of past intern experiences. You are to select three (3) from the first set and one (1) from the second set and complete the assignment as outlined below. You may wish to print out this document to use as you study and compose your answers.
Select the experiences below as instructed, read the scenarios about the interns and identify the possible crimes these characters may have committed. Discuss their culpability and the possibilities of convictions. Buttress your answer with cases or statutes (New York Penal Law [include section number where appropriate]). Clearly identify each example and underline the names of the alleged wrong doers and the criminal charges they may be accused of. Citation to text readings is very important.
Select three (3) of the four (4) intern experiences below:
1. Experience 1
Prof. Don Rehobeth’s intern Christina Chris worked for the U.S. Secret Service where she worked on a counterfeiting investigation. It seems a Nigerian organized crime group asked an American Peace Corps volunteer, Lois Wager, to make frequent visits across the border to Cameroon . The volunteer was told she was delivering needed blood plasma that was illegal to possess in Cameroon. Since Cameroon was in a state of civil war they wanted to keep strategic supplies away from the insurgents. This was clearly a crime in Cameroon, but was a legal activity in the U.S. She was actually carrying $200,000 of counterfeit Camaroonian dollars (US value $800,000) . For each trip she was to receive $1,000 in payment with the promise that she not look into the trunk. The money Lois received was donated to the Red Cross. On the first trip, despite her promises, she checked the trunk and saw blood plasma. This was later switched at a gas stop with counterfeit money. After the first trip she never looked in the trunk again. Before making the second trip she met with her friend of the American Embassy, Karen Callater, over a glass of palm wine. Karen informed Lois that there is no crime in carrying blood plasma across state borders. The two also discussed the situation with the Nigerian counterfeiters and how the government wanted to prosecute this group. Karen noted that the group often took advantage of naive well-intentioned women. Later Lois was arrested and extradited to the U.S. to stand trial. Christina Chris is assigned to the prosecutor’s team to prepare this case for indictment and trial. On her desk is a note from her former Professor, Prof. Giveaway, “chew on the problem as you would chew on taffy!”
2. Experience 2
Prof. Red Orlon’s example is based on the experience of intern Bandrea Bay. She has been assigned to a family welfare agency in the prosecution section. A welfare client she was assigned to, Cynthia Smith Kones, was assaulted by her “husband”, Charley Kones. Her five year old child by her first husband had been severely neglected and died when she left on an emergency visit to her mother in Kansas. When she learned of her mother’s illness, who was supposedly on her deathbed, Charley was not home. She left a note explaining where she was going and that she would contact him when she got to Kansas. The note explained that the boy, John Jr. would be coming home from day care at five and he was to care for the child. In the past Charley assumed the responsibility of John Jr. when Cynthia was gone, but she had never been gone for more than a night.
As fate would have it, Charley, on his way home from work, met a friend who told him of a good job opportunity in Butica, NY. Charley, a country western singer, had been out of work for several months, so when he learned of this opportunity he called them and was told to get on the Amtrak immediately. When he reached Butica, he tried to call home but the phone was out of service due to his failure to pay the bill. When Cynthia reached Kansas, she tried to call home but was also greeted with the message that the phone was disconnected.
Cynthia and Charley have been together for three years. About a year ago the two got married in New York . Cynthia believed that her first husband, who she had married in Kuwait, had died in the Iraqi war. Only today Bandrea learned that John Smith is actually alive and living in Iraq, but he will soon be extradited to the U.S. for desertion. He married there and has changed his name to Iman Abdud. In fact, during the war after an attack to his unit, where all his colleagues had been killed, he defected to Iraq and was given a new identity. At the time of his defection Cynthia tried reaching the Pentagon, who told her that all the soldiers in that unit were believed to be dead, but since there was no proof of his death they could not give her his death benefits. Further, they questioned whether the Kuwait marriage was legal and refused to give her his salary.
When John Jr. arrived to the empty apartment, the building janitor, Dave Ravens saw him and let him in the apartment. John Jr. suffered from a medical problem that began when he was an infant. At that point Cynthia, who was deserted by John and not receiving government benefits, could not get the child diagnosed. Later when the military determined that the Kuwait marriage was legal, the government treated John Jr. They concluded that if the boy had received a vitamin supplement at birth he would not have contracted his condition, but since he did not it was critical that he be given a vitamin tonic daily, without which he could die.
While Cynthia was in Kansas and Charley in Butica, Dave Ravens was concerned about the boy. Not seeing the parents he fed John Jr. in his home, but put him to bed in his own apartment. The boy told Dave that he would like his vitamins. Dave’s response was that he grew up without it and he turned out fine so John Jr. would just have to live without it until his mother or Charley showed up.
A neighbor, Claudia Shell, knew about John’s condition, but in speaking with Dave she failed to inform him about the importance of the supplement. Neither Claudia nor Dave called the authorities figuring that Cynthia or Charley were responsible parents and would show up any moment. Neither one checked the apartment and was not aware of a note.
When Cynthia arrived home she found John Jr. sick in his bed. Moments after her arrival Charley showed up. Cynthia started yelling profanities at Charley accusing him of not caring about her son. Charley’s response was to beat Cynthia. Two neighbors who heard the fight ignored the commotion and did not call the authorities. Finall, Dave, hearing the noise, called the police and an ambulance. The child died within the hour of his arrival to the hospital.
The autopsy revealed that if John Jr. had received the vitamin at birth he would not have contacted the condition that led to his death. Further, the failure to receive the supplement for a week had precipitated the latest attack, but that if he had arrived at the hospital a bit sooner it would not have been fatal.
3. Experience 3
Kyvan Bhoo supervised Mallory Michelle Jones III, an intern with the PUNY University Campus Police. Her experience was with a Fraternity, YGBAD (You Gotta be a Dope), on the Balbany campus. At a party celebrating the end of pledging, a few of the Frat brothers put 100% Vodka in the “non alcoholic punch.” David Jeffrey, who despite knowing that the punch was spiked, drank 20 full glasses. Towards the end of the evening, one of the more precocious co-eds, Mary Mondoona, known for her wild dressing and sexual activities on campus, approached David about the possibility of a night and morning in her apartment. David initially refused her offer, but then she nibbled at his ear and assured him it was all right. David then asked her how old was she and she responded, “22”. “How do I know you are telling the truth?” he asked. “Here,” she responded, “is my driver’s license. See, I’m 22.” Actually the license was not hers, but her sisters with her sister’s photo on it. David was so drunk he couldn’t tell the difference.
The two spent the night in sexual bliss. In the morning Mary announces to David that she is actually sixteen. David said, “that’s O.K., I’m fifteen, 11 months, and 29 days old.”
Balbany Prof. Shirley Suregood of the Anthropology Department, Ribanian visiting professor, is a recovering alcoholic. She has no idea that the punch is spiked. She has fifteen glasses and begins to lose control of her inhibitions. Back in the Republic of Ribania it is the tradition for older women to introduce young men in the glories of romance and love making. At the party she meets a young freshman, Norman Naive, age 16 years, 11 months, 28 days. She asks him, “ Norman, have you ever had a girlfriend?” “No,” he replies. “This is your lucky night, let me show you what we do in Ribania.” She rents a motel room for the two of them, undresses him and begins to kiss him passionately. She then falls unconscious from too much drink. He nonetheless takes advantage of the situation and begins to engage in lovemaking but never actually finishes the act since he is interrupted by room service, who brings more drinks. Quickly he falls asleep.
The next day his father learns of the affair and reports Shirley to the PUNY police, insisting that she be arrested.
Also at the YGBAD party is Martin Myopic. He also drank the punch. He did not know there was vodka in it so he drank one glass. Martin has an allergic response to alcohol so he always avoids it. After, the punch begins to affect him so he decides to leave. He approaches a car that he believes is his green Subaru. Actually it is a blue one, but in the dark and because of his poor eyesight he believes it is his. He enters it and finds the key under the mat, the place he usually leaves his. He travels about a mile when he has a seizure that resulted from the alcohol. The car, out of control, hits a dog kennel killing 101 Dalmatians. He is arrested and charged.
It should be noted that Truce MacBrood assigned several faculty members to inspect for ID’s. Due to the spiked punch, all those who were responsible left their posts and about 120 underage students were allowed to enter the party. Not only was the punch available but there was a cash bar, where many of these students purchased ample bottles of Ratt’s Holiday Beer.
One of those students, an expert in the martial arts, performed a demonstration with oriental swords. Because of his inebriated state one of the swords left his hand and accidentally injured a student by cutting her face, leaving her with some disfigurement.
After this incident another student, Jeremy Derek, took the center of attention in a marksman demonstration where he was to shoot an apple off the head of Prof. Red Orlon, a stunt he successfully did many times before. This time he used a new gun, bought from Rheumatoid Arms, especially designed for target shooting. Unbeknownst to Jeremy the wrong gun was put in the mismarked box and the gun was an automatic weapon. When he fired at Orlon’s head a burst of shots sprayed the students and three were severely wounded.
4. Experience 4
Prof. Jorge Burtis’s intern Angela Kelsy Free worked for the IRS. She was involved in a tax fraud case that had implications with the Food and Drug Administration (FDA). The alleged perpetrator, Rood Kim, was relatively new to business in the United States, having come from Korea where he operated a chain of grocery stores, A&K (America and Korea) SuperMarkets. In Korea, Americans who did business were not required to pay income tax. When he came to the U.S. he opened a chain of 25 stores in three different cities within two states. Before coming he contacted an American attorney who had his letter written in Korean, but translated into English. The translator made an error in translation and the American attorney thought Kim was asking whether American businessmen had to pay Korean income tax. Kim read his translated answer to his letter and concluded that he would not have to pay American taxes as long as the Corporation was a Korean one and he paid in Korea. He relied on this letter noting his attorney had contacted the IRS and the American consulate in Korea .
Later Kim learned that in five A&K stores, two in Elmira, NY and three in Mississippi, oriental vegetables were contaminated with pigeon droppings due to the vegetables being displayed on the street without special protection or adequate inspection. This happened despite specific instructions from A&K’s CEO, Susan Clux, that no vegetable was to be left exposed in the open. In fact Ms Clux, before taking her yearly Hawaiian holiday, made a surprise visit to 15 of the stores and personally checked the vegetables. Despite this effort and fax and e-mail messages instructing employees on the proper care of vegetables, they were contaminated while she was surfing on the beaches. When Kim learned of this, he was in Rome, Italy . He immediately contacted all the stores warning them that he would fire them as he did Ms. Clux if they did not correct their care of vegetables. He then incorrectly instructed his tax attorney to take a deduction for the legal expenses he incurred after Ms. Clux sued him for defamation of character and harassment.
Select one (1) of the two (2) intern experiences below:
1. Experience 5
Larry Lordon’s intern, Mark Marked, worked for the Boneida D.A.’s office. They received a complaint that Dr. Colleen Callous, a physician trained in the Netherlands now working at Flaxton Hospital, took some dubious measures with several patients. The first was a victim of an assault who was still breathing and whose heart was pumping when she arrived at the hospital. Once determining that there was no brain activity, Dr. Callous removed several organs and then removed her from the respirator. The second was a patient from Oregon who was diagnosed with a fatal disease with only a month to live. This patient was in terrible pain and asked to die. Dr. Callous complied with his wish by injecting him with a poison that quickly and sweetly ended his life.
The third was a patient who had lived with her boyfriend (also arrested). When she became ill, despite telling friends and family he would take care of her, her boyfriend neglected to give her the medicine she required. The day before her admittance to the hospital he told her that he was breaking off their relationship. When she arrived at the hospital, the determination was made she would never regain consciousness. Dr. Callous refused to feed this patient intravenously, noting on her charts that there was no reason to waste hospital resources on this case. The ex-boyfriend agrees with Dr. Callous and tells her that his former girlfriend told him she wanted no extraordinary measures taken if she became that ill. The girl’s mother agrees saying her daughter believed in the right to die.
2. Experience 6
Prof. Jorge Burtus’ intern, Jennifer Tathaway, was on her way to her internship with the PISA International Internet Company in New York City, where she was to specialize in computer security. She packed up her car to move her belongings. On the way she stopped for lunch in Ponda, New York . As she returned from the fast food restaurant and entered the car a young man jumped out from the bushes and proclaimed, “I’ve done this many times and if you cooperate you will not get hurt. But if you don’t I’ll have to use this.” He then displayed a gun that while it looked real was a water pistol. Jennifer, being well trained in the martial arts, opened her door hard and knocked the young man unconscious. When the police arrived they informed Jennifer that they would discuss the case with the local FBI agent and let her know whether the young man will be accused of a federal crime or a state crime.
When Jennifer reached New York she began her work with PISA . One case she was asked to investigate was a computer company that dealt with porn called Kiddie Korner. All the pictures were of models over 21, although they looked like they were children. She is trying to decide if they have violated any crimes. The web page does not indicate that the models are over 21.
One of her co-workers originally from Nigeria is crying. Jennifer asks why she is crying. She recounts that her mother had visited her and insisted that her granddaughter be circumcised arguing that she cannot marry a boy from their village if she doesn’t have the procedure. The grandmother performs the procedure with the mother’s consent and then leaves for Africa. The mother consulted with a lawyer friend who used to be an attorney for the Attorney General’s Office, but now has given up the law to be a rap singer. After referring to his copy of the 1996 Penal Law he tells her not to be troubled about the law. The girl’s father, who lives apart from the family, is threatening to call the police and have the mother arrested. She wants to know if she broke the law.
Reminder: In answering these questions be sure to provide references to case and statutory material explaining your reasoning for your answer. Citation to the text readings is very important.
All Characters And Events Described In This Exam Are Fictitious. Any Resemblance To Any Person Living Or Dead Or Actual Events Is Purely Coincidental.