Pascal, the high school math teacher, has had enough of the antics of Ronald, the class clown.  Pascal locks Ronald in the classroom closet.  He leaves him there for an hour “to teach him a lesson.”  What is the most serious offense, if any, Pascal has committed?

Bubba decides that Lufkin could use improvement to its nightlife.  He decides that AC students would enjoy gambling at a casino located in Lufkin.  Bubba remembers reading somewhere that American Indians can operate casinos in states where such gambling is otherwise illegal.  Bubba’s recalls that his grandfather was one-fourth Cherokee Indian; therefore, Bubba figures he must fit within the exemption.  Bubba rents a building in downtown Lufkin and opens his casino.  He remains open for about ten minutes before Texas Ranger Norris Walker arrests him for aggravated promotion of gambling.  While in jail Bubba learns that just because you are part Indian does not exempt you from the gambling statutes.  As to Bubba’s prosecution on the gambling charge:

Voluntary intoxication is considered a defense to certain crimes in Texas.

The punishment range of a third degree felony is:

One evening Carl, a 25-year-old street thug, forcibly enters Louise’s home.  Louise is a 64-year-old female.  Carl demands money from Louise.  She tells him she has none.  Carl asks if she has an ATM card.  Fearful of Carl, Louise admits she has such a card.  Carl tells Louise, “Go with me to the ATM or you won’t live long enough to see the sunrise.”  Louise and Carl depart to the nearest ATM.  Louise uses her card to withdraw $500, which she gives to Carl.  Carl departs without otherwise harming Louise.  The most serious offense Carl has also committed is:

Mary, a 38-year-old woman, had worked hard all day as a paralegal at a local law firm.  Mary had broken up with her boyfriend about a month ago, and lived alone.  Since it had been a stressful day at work, Mary had several glasses of wine, and fell asleep in her bed about 9:00. She was woken abruptly at about midnight when she felt someone on top of her.  It was a man wearing a dark ski mask.  He immediately covered her mouth before she could scream.  He put his mouth up to her ear and gruffly whispered to her that she had better not scream or fight, or he would slit her throat and watch as she bled to death.  The man had one of those devices that disguised his voice.  He then put duct tape over her mouth and proceeded to rape her.  Mary did not see any weapons, but did not try to fight.  It was quite dark in the room, but Mary felt that it may be her ex-boyfriend that was raping her.  As soon as he was done, he quickly dressed and fled the home.  Mary immediately called the police, and the suspect, who did turn out to be her ex-boyfriend, was apprehended about a half mile from her house.   He did not have any weapons on him. The most serious crime , if any, that the ex-boyfriend could be charged with is:

Although the double jeopardy clause of the U.S. Constitution prohibits the government from prosecuting a person twice for the same crime, if a person commits a crime that could be prosecuted both by the state or federally, that person could be tried once in state court and once federally.

If a police officer affords a person the opportunity to commit a crime, that person could likely claim the defense of entrapment.

The next Exam will be online but will be during the in-person class.

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