Question #1

Several members of a well-known violent neighborhood gang approach D. The gang members order D to kill V, a member of a rival gang. If D does not kill follow through and kill V, the gang members have assured D that they will kill D's wife and two children. D, believing that the gang members will definitely kill his family if he does not follow their instruction, leaves his home to find V.The gang members stay in D's home with his wife and children with guns pointed at their heads. About an hour later, D locates V in town and shoots him in the head, killing him instantly. D is quickly arrested at the scene and charged with murder. Does D have a defense to the murder charge and if so, what would his defense be and the elements? Would it make a difference if the defendant lived in New York? Explain the potential defense in detail as per the Zoom lecture?

Question #2

D, a mechanic, owns a home in a suburb of New York City which has a separate storage shed in the backyard some 25 feet away from the house. Theshed is filled with tools which are valued in excess of $100,000.00. Over the past several months, D has experienced several burglaries of the shed where tools have been stolen. Because the tools are quite expensive and used for his employment, D wishes to protect this property. D sets up a loaded shot gun inside the shed that fires if the front door is forced open without a key. One night, V goes to the shed and forces the front door open. When the door is opened halfway, the shot gun fires killing V instantly. D is arrested and prosecuted for second degree murder. D states he has every right to protect this very expensive property (the tools) and has a right to protect his home. Will D's arguments be successful in this case? (Hint: This question is asking you about TWO separate theories of defenses as discussed in the Zoom lecture).

Question #3

D is driving down a state highway and pulled over by a State Police Officer. The stop is legal as D's vehicle is speeding, driving erratically and crossing back and forth over the center median. D stops his vehicle on the shoulder of the highway and the officer approaches requesting D's license, registration and proof of insurance. As D is looking for these documents, D is having difficulty being coordinated and is slurring his words. Additionally, the officer smells a strong odor of alcohol coming from D. As such, the officer orders D out of the vehicle to placehim under arrest for DWI. As D exits the vehicle, he resists arrest by punching the officer and then pulls out a loaded pistol and shoots at the officer but misses. D shows at trial that he was severely intoxicated at the time of the event and states he was at a bar earlier in the evening drinking heavily with friends.

D is charged with two crimes: (1) Resisting arrest and (2) Assault with Intent to Commit a Violent Felony.

1. Resisting Arrest: "Whoever shall resist, obstruct, or oppose any officer or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree."

1. Assault with Intent to Commit a Violent Felony: "Assault with intent to commit a violent felony consists of any person assaulting another with intent to kill or intent to commit any murder, mayhem, criminal sexual penetration, robbery or burglary. Whoever commits assault with intent to commit a violent felony is guilty of a third degree felony."

How would D need to proceed to try to successfully defend each of these charges at the time of trial? What defenses are available, if any, to D? What would the prosecutor need to prove to be successfulon each charge?