Law Exam

John Doe had recently separated from his longtime partner and experienced great difficult with the break-up. In addition to struggling with his new life, he has also started drinking excessively every day. Just a week ago Doe lost his job as an accountant at a major law firm because of his alcoholism.

Broke and heartbroken Doe spent most days in his apartment drinking the cheapest alcohol he could buy. One week ago, Doe found his way to the liquor store he frequents more and more often. Showing up clearly intoxicated, the shop owner refused to sell alcohol to Doe. Doe became infuriated, threw his bottle of liquor on the floor, grabbed a case of beer next to the counter and walked out of the store.

Doe was arrested just outside liquor store, surrounded by three cans of beer, slumped over and unconscious.

You are a deputy district attorney and you must determine what charges, if any, to charge John Doe with. Please describe the reasoning you used to arrive at your decision.

SINCERELY,

DISTRICT ATTORNEY SMITH

SAMPLE ANSWER (ABBREVIATED)

TO: DISTRICT ATTORNEY SMITH

FROM: DEPUTY DISTRICT ATTORNEY

DATE: 9-16-16

RE: JOHN DOE

You have tasked me with making a filing determination as it relates to John Doe and his incident at the liquor store. Below is a detailed analysis of the charges to be filed.

BURGLARY

The first issue is whether Doe committed the crime of burglary.

Burglary is unlawful entry into the dwelling of another, with the intent to commit a larceny or felony therein.

Unlawful Entry

In the instant matter, Doe entered a liquor store that appeared to be open for business. While he was not served alcohol, there is nothing to indicate that he entered unlawfully or was otherwise prohibited from entering the business.

Dwelling of Another

Doe did not own the liquor store or have another possessory interest in the property. As such, he entered into the dwelling of another.

Intent to Commit a Larceny or Felony

The facts indicate that an intoxicated Doe entered the liquor store and tried to buy alcohol. He was refused and at that point he destroyed a bottle of liquor and took a case of beer. Based on this, it seems the intent to commit a crime happened inside the store only after he was refused alcohol, and not prior to entering.

Based on the above, it seems that the lawful entry into the store, with an intent to merely purchase alcohol will prohibit the requisite findings for this crime to attach.

ROBBERY

The next issue is whether Doe committed the crime of robbery.

Robbery is the unlawful taking of an item from another by force or fear.

Unlawful Taking

In the instant matter, Doe did take a case of beer without paying for it, amounting to an unlawful taking.

By Force or Fear

Do took the case of beer after being refused the opportunity to purchase alcohol. He never had contact with the store clerk and did not in any way instill fear with a threat or other action.

Based on the above, the crime of robbery is not appropriate given the lack of the force or fear element.

ASSAULT

Next is the matter of filing an assault charge.

Assault is the crime of placing a person in the immediate apprehension of being battered (an unlawful or offensive contact.)

Immediate Apprehension

Doe’s action of smashing the bottle on the ground is the most likely way to argue placing a person in immediate apprehension of being battered. Reviewing the facts, it seems clear that Doe smashed the bottle on the ground and did not threaten to throw it at the clerk, or actually throw it at him.

Based on the above, lacking the immediate apprehension element, the crime of assault will not attach.

BATTERY

Next is the matter of filing a battery charge.

Battery is the unlawful or offensive touching or contact with another.

In the instant matter, there is no allegation that any contact was made between Doe and the store clerk, as such this crime will not attach.

THEFT

Finally, the issue of filing for theft.

Theft is the unlawful taking of an item from another.

Unlawful Taking

In the instant matter, Doe did take a case of beer without paying for it, amounting to an unlawful taking.

As such, the only crime we can likely charge Doe with is theft.