Culpability Exam

Below are 4 sets of fictional intern experiences.
Read the scenarios about the interns analyze and identify the possible crimes these characters may have committed.
Discuss their culpability and the possibilities of convictions. The important analysis is the basic culpability issues.
Support your answer with cases or statutes (New York Penal Law [include section number where appropriate]).
Clearly identify each example and underline the names of the alleged wrong doers and the criminal charges they may be accused of. What was the act, what was the mens rea, was there an omission etc. do that evaluation for all the relevant characters.
In answering these questions be sure to provide references to case and statutory material explaining your reasoning for your answer.

Experience 1
Intern Christina Chris worked for the U.S. Secret Service where she worked on a counterfeiting investigation. It seems a Nigerian organized crime group asked an American Peace Corps volunteer, Lois Wager, to make frequent visits across the border to Cameroon. The volunteer was told she was delivering needed blood plasma that was illegal to possess in Cameroon. Since Cameroon was in a state of civil war, they wanted to keep strategic supplies away from the insurgents. This was clearly a crime in Cameroon, but was a legal activity in the U.S. She was carrying $200,000 of counterfeit Camaroonian dollars (US value $800,000). For each trip she was to receive $1,000 in payment with the promise that she does not look in the trunk. The money Lois received was donated to the Red Cross. On the first trip, despite her promises, she checked the trunk and saw blood plasma. This was later switched at a gas stop with counterfeit money. After the first trip she never looked in the trunk again. Before making the second trip she met with her friend of the American Embassy, Karen Callater, over a glass of palm wine. Karen informed Lois that there is no crime in carrying blood plasma across state borders. The two also discussed the situation with the Nigerian counterfeiters and how the government wanted to prosecute this group. Karen noted that the group often took advantage of naive well-intentioned women. Later Lois was arrested and extradited to the U.S. to stand trial. Christina Chris is assigned to the prosecutor’s team to prepare this case for indictment and trial.

Experience 2
Mallory Michelle Jones III, an intern with the PUNY University Campus Police. Her experience was with a Fraternity, YGBAD (You Gotta be a Dope), on the Balbany campus. At a party celebrating the end of pledging, a few of the Frat brothers put 100% Vodka in the “nonalcoholic punch.” David Jeffrey, who despite knowing that the punch was spiked, drank 20 full glasses. Towards the end of the evening, one of the more precocious co-eds, Mary Mondoona, known for her wild dressing and sexual activities on campus, approached David about the possibility of a night and morning in her apartment. David initially refused her offer, but then she nibbled at his ear and assured him it was all right. David then asked her how old was she and she responded, “22”. “How do I know you are telling the truth?” he asked. “Here,” she responded, “is my driver’s license. See, I’m 22.” The license was not hers, but her sisters with her sister’s photo on it. David was so drunk he could not tell the difference.
The two spent the night in sexual bliss. In the morning Mary announces to David that she is sixteen. David said, “that’s O.K., I’m fifteen, 11 months, and 29 days old.”
Balbany Prof. Shirley Suregood of the Anthropology Department, Ribanian visiting professor, is a recovering alcoholic. She has no idea that the punch is spiked. She has fifteen glasses and begins to lose control of her inhibitions. Back in the Republic of Ribania it is the tradition for older women to introduce young men in the glories of romance and love making. At the party she meets a young freshman, Norman Naive, age 16 years, 11 months, 28 days. She asks him, “Norman, have you ever had a girlfriend?” “No,” he replies. “This is your lucky night, let me show you what we do in Ribania.” She rents a motel room for the two of them, undresses him and begins to kiss him passionately. She then falls unconscious from too much drink. He nonetheless takes advantage of the situation and begins to engage in lovemaking but never actually finishes the act since he is interrupted by room service, who brings more drinks. Quickly he falls asleep.
The next day his father learns of the affair and reports Shirley to the PUNY police, insisting that she be arrested.

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