Question
Larry the lush was a wealthy man.He owned mansions, summer homes at the shore and large luxury boats that were moored at the Jersey Shore
Larry the lush was a wealthy man.He owned mansions, summer homes at the shore and large luxury boats that were moored at the Jersey Shore in a very upscale part of a seaside town.Larry was not only a wealthy man; he was the captain of each of his ships and prided himself on his boating skills.Unfortunately for Larry, however, he was about to lose his fortune and name among the snobs whom Larry hosted on his boats during the Summer.
Larry the lush, true to his name was completely helpless as a boat captain unless...he had a few whiskeys before a cruise.His favorite watering hole, named Bottomless Beer Keg hosted Larry many times per week during the summer months.In fact, true to form, Larry, before trips on his boat, would get soused on Jack Daniels at the bar before boarding his ship.Larry never had a mishap while drunk on the boat, but he was about to.
On the day in question, Larry stopped at the bar before one of his trips.However, this time he wasn't feeling particularly well, so he just drank soda water.The bartender got pissed off at Larry for not ordering hard booze, which was more expensive.So, when Larry was not looking, the bartender slipped him a "mickey" which in this case was an unknown drug, while Larry was not looking. A "mickey" is street talk for when someone puts something in your drink without you knowing it.
Larry left the bar smashed, but didn't know it.
Larry boarded the boat and took his place on the bridge, while his passengers drank heavily on the poop deck.Larry began to feel woozy as he motored out to the open water when, he saw a small boat only a few yards away, which he didn't immediately see because he felt, well, drunk.Worse, he didn't see the water skier behind the other boat, whom he struck and decapitated.Larry saw the head fly off its neck, bounce off Larry's boat before the head went underneath the boat and was ground up by the propellers.
Horrified, one of the passengers who carried a gun, ran up to the bridge where Larry was vomiting.He hated Larry and although he went to the bridge to confront Larry, decided to break into Larry's safe and steal Larry's prized solid gold shot glass.As he was doing so, Larry came out of his haze and tried to stop the passenger - who was also drunk - from stealing the shot glass.Pulling his gun, the passenger fired at Larry, but missed instead striking Larry's girlfriend, who was sunning herself a few yards away next to the bridge.The girlfriend was instantly killed.
Larry grabbed a flare gun and fired it at the gunman, but missed and started a fire on the boat.Unfortunately, by the time the drunk passengers realized there was a fire, they were unable to man the rescue boats, and all drowned as the boat sank. There were ten passengers who died.No one survived except Larry and the passenger who shot the girlfriend.
Ultimately, Larry and the gunman were arrested and so was the bartender who slipped Larry the mickey.
Instructions:
1.How many crimes were committed?
2.What kind of crimes were committed. Hint:Larry, the armed passenger, and the bartender were charged with crimes.Which crimes were each of them charged with?
3.For the crimes charged against Larry, what are the available defenses?
4.For the crimes charged against the shooter/passenger, what are the available defenses?
5.For the crime charged against the bartender, what is his available defense.
Hint:Think murder, felony murder, and reckless homicide.Look at your notes and review the elements of each crime.
Hint:Organizing your essay.Try to use the IRAC method, ie, State what the issue is; What is the Rule you will use in your analysis; Analyze and explain why you think that the actions committed by the accused is the crime you have chosen; Sum up your analysis in a Conclusion.
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