Homework help:

For this week's discussion board, pleaseread the fact pattern below.Answer the questions at the end of the fact pattern.Please assume the facts to be true. If you need to make reasonable inferences from the facts, please do so. But, do not make inferences that change the facts. If you need more facts, state as much, and move on.This discussion board is worth double the normal points. That means you'll need to explain instead of just giving me your conclusions. You need to "show off" here and prove to me that you not only read the material, but that you understand how to apply it.I know you can do this! This assignment, like the final exam, covers everything in the book. Use your book for all definitions of offenses and defenses. Be sure to cite cases that support your arguments.If there are differing definitions in the text, state which one you have chosen to use and why.

Facts

Bob Brady is the owner of a local Mesa tavern,The Double B Bunkhouse.Sam, a butcher by day, is the bouncer at the Bunkhouse.Peter and Marcia decide to go to theDouble Bon a first date.Both drive separately and meet up at the tavern.Peter and Marcia, both billiard aficionados, gravitate to the pool tables and wait for the next game.In the middle of her first martini, Marcia notices that her ex-boyfriend, Greg, a local dog groomer, is also there.He catches her eye and approaches her.Marcia tries to ignore him, but Greg's numerous shots of tequila buoy him along.He approaches them, stands in between Peter and Marcia, and introduces himself as Marcia's on-again/off-again boyfriend.Greg is nothing short of petty and obnoxious.He mocks Peter's short stature, balding head, and salmon colored polo shirt.Quick witted, Peter announces that times like these make him thankful he is an attorneynot only can he can buy lifts for his shoes, hair plugs, and a new shirt, but he can give Marcia diamonds and trips around the worldsomething that Greg could never dream of doing unless he groomed all of the dogs in Mesa.

Livid, Greg slaps Peter's drink out of his hand and tells him that he and Marcia should leave if they know what is good for them.Greg walks over to Sam and whispers something in his ear.Before Peter could pick up his glass, Sam grabs him in a headlock.He drags a choking Peter into the back room of the bar, throws him into a cleaning closet, and locks the door."Chill little man and maybe I'll let you out," says Sam."Unless you want me to sue you and your owner, you'd be wise to open this door," replies Peter.Irked at the threat, Sam opens the door, lifts Peter up in a bear hug, marches him through the bar, and tosses him out the front door.Marcia follows and finds Peter in the parking lot.He is shaken, but not too stirred up.Peter does not want this to ruin the night and suggests they go to a small caf across town for coffee and conversation.Marcia agrees, but under the fog of all the commotion, suddenly realizes that she left her purse back inside the tavern.She tells Peter to go ahead and she will meet him there.

Ever the opportunist, Greg asks Sam if he'll slip Marcia a little"fun."Sam says, "Man, you know I got in trouble for doing that before; Bob found out last time and almost fired me." To which Greg replied, "C'mon dude, if I can bed her one last time, maybe she'll come back to me. Her drink is right there on the table with the three green olives in it. I'm desperate, dude. Everyone in my life has abandoned me.Besides, if you don't I'm going to tell everyone you are gay; good luck working in any more straight bars after word gets out."Sam, who really is gay, reluctantly agrees.He cannot afford to lose his job, so he slips somefuninto Marcia's drink.Marcia returns and sees Greg holding both her purse and her drink.Greg apologizes and asks if she will just finish her drink with him before leaving.Marcia knows Greg far too well.Greg was often violent towards her when they were dating.He suffered from bipolar disorder, which often worsened as he drank.Greg sometimes confided in Marcia that he thought the devil possessed some of the dogs he groomed; when the miniature breeds would bark, all he would hear were hisses.Given his temper, Marcia thinks it best to appease him.She quickly downs her drink, but almost immediately feels nauseous and light headed.She just chalks it up to cold gin on an empty stomach.Greg suggests that Marcia come over to his place, but she declines and heads for the door. Greg follows her to the door, hoping the pill will kick in soon, but it does not.Waiting next to Marcia's car is Peter.He gives her a gentle hug and opens her car door.They both drive off to the caf. Clearly upset, Greg punches one of the cars in the parking lot and yells, "shut up in there; get back in your kennel," but does not try to stop her.He reaches into his pocket and pulls out a platinum bracelet.Greg found it in Marcia's purse when he rummaged through it earlier in the evening.He had given this to Marcia as a gift, but now wanted it back.Greg returns to the bar and sees Sam.He immediately begins to berate him in front of the masses of people near the door.Greg yells over the music, "you're so stupid; you can't do anything right; if you weren't gay, you'd have been man enough to pull this off."As everyone begins to mumble and laugh, Sam turns beet red.He grabs Greg by the neck and pushes his head into the mound of ice in a nearby beer trough, breaking Greg's nose.

Two blocks into Marcia's trip to the caf, the grogginess sets in and she blacks out.Marcia crosses the center line and strikes a car driven by Mike and Carol.Greg, who decided to drive to the caf, comes upon the grisly accident.But, he does not stop or offer any aid.Instead, he laid on his horn and flipped the middle finger as he passed by.Mike died instantly.The detective in the case determines it likely that he would have survived had he been wearing his seatbelt.Carol survives the crash and is taken to the hospital. Marcia survives. Marcia's blood screens reveal a .00 blood alcohol content, but a high amount of GHB (gamma-hydroxybutyric acid).GHB is a drug commonly used in date rapes.Carol endures 8 hours of surgery for internal injuries and survived.Unfortunately, one of the emergency room doctors left a rubber glove in her body cavity during the surgery.Several days after surgery, the glove becomes twisted around Carol's colon and she dies.

Detective Alice Nelson is assigned to the case.She questions Greg, Sam, Marcia, and Bob, who all agree to meet her at the police station.Below are the replies to her question, "do you have anything to say:"

1. Greg: "We were just having a little fun, that's all. Marcia is all I have. I was doing what's best for her."
2. Sam: "Greg told me one pill, but I gave her two just as an extra favor."
3. Marcia: "I don't remember a thing after I left the parking lot."
4. Bob: "This is dj vu.I swear I've been through this before! I told Sam, three strikes and he's out.The knucklehead just doesn't learn."

Questions to answer

Address all of the individuals.Please determine what crimes, if any, are suggested by the facts.Consider all possible crimes, as well as theories of liability. Second, determine what defenses, if any, are suggested by the facts. Discuss the likelihood of their success and evaluate the likelihood of successful prosecution for each offense.Answer in detail.Consider all relevant crimes, as discussed in your text.Also consider the various theories of culpability (e.g. inchoate, parties to a crime, vicarious liability, etc.)Please use the definitions of offenses and defenses as set forth in your textbook.Where there are multiple definitions, pick one and tell me why you chose that one (e.g. because it is the majority rule).Do not just conclude...explain!Remember, this is worth 200 points. You must use thecase lawin the book to support your answers and cite accordingly (For example, you might say, "In theSnowdencase, the court addressed the meaning of premeditation and defined it as...").You don't need to include a formal citation, but a page number would help.

Organization is importantplease organize your answer so you are not drifting all over the fact pattern. Hint (!): you may want to organize according to the individual you will charge (talk about all offenses suggested by the facts & evaluate the elements of those offense(s); then address all defenses suggested by the facts & evaluate their likelihood of success). You may earn full credit on this discussion board simply by using your textbook, notes, and brainpower. You do not need to use the Internet to find case law.