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James Garfalo was arrested for selling 10 grams of cocaine to an undercover police officer. At his jury trial in the state trial court, James
- James Garfalo was arrested for selling 10 grams of cocaine to an undercover police officer. At his jury trial in the state trial court, James was convicted and sentenced to two years in prison. James believes his constitutional rights were violated during the trial and wishes to appeal. What court will hear James's appeal? Assume instead that James' trial happened in a federal district court. What federal court would hear his appeal?
- Identify and define the seven specific situations when an omission can satisfy the actus reus requirement.
- Patrick O'Sullivan was an invited guest at the home of his friend, Todd Smith. Along with a group of friends, the two were playing pool, drinking beer, and watching an NFL football game. As Patrick was walking to his car to head home for the evening, he heard a fight break out in the house. As Patrick reentered the house, Todd threw kerosene on him and threatened to light him on fire. Patrick pulled out his gun and fatally shot Todd three times in the chest. Did Patrick have a duty to retreat before using force in self-defense?
- Explain the insanity defense. The courts use multiple tests to determine whether a person was insane at the time of the crime. Identify and explain two of these tests.
- Compare and contrast the actus reus and mens rea for accomplice and accessory to a crime.
Answer should be in essay form.
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