memorandum of law assignment

Criminal Law – Law 65
Memorandum of Law Assignment Packet
Grading Criteria
This assignment is worth 10% of your final grade.
The memorandum of law must be submitted/uploaded by 12:00 p.m. on Monday, May
9, 2022. Two points will be deducted for late assignments submitted on May 9th
and
two points will be deducted for each day thereafter that the assignment is late (for
example, if you submit the assignment at 12:01 p.m. on May 9th
, 2% points will be
deducted from your score on the assignment. If you submit the assignment on May
10th
, 4 points [2 points for being late on May 9th and 2 points for submitting it on May
10th
] will be deducted from your score on the assignment, and so on). Emailed
assignments will not be accepted.
You are not allowed to seek assistance or use any other material or resources
other than the textbook and my lecture notes. If it is determined that you sought
assistance and/or used information beyond what is contained in the textbook or the
lecture notes, you will receive 0% points for the assignment.
The uploaded memorandum of law must be typed, Arial and 12 point font, doubledspaced and on 8 ½” x 11″ white paper. It must not exceed three single sided pages.
If you submit more than three pages, you will be graded only on the first three pages.
You are to follow the format provided below for the Memorandum of Law. Failure to
comply with these requirements, will result in 5% points being deducted from your
grade.
No handwritten assignments will be accepted.
For this assignment, you will be provided with the issue and rule. Therefore, you will be
graded on your: 1) brief summary of the facts; 2) application/analysis; 3) conclusion;
and 4) the overall layout of the memorandum of law.
Page 1 of 15
Problem/Question
You are a paralegal in the Johnnie Cochran law firm. At a paralegal meeting one day,
Mr. Cochran tells you and your fellow paralegals that a potential client named Danny
Smith came to the office, said that he was being prosecuted by the District Attorney for
a crime that he did not commit, and asked Mr. Cochran to represent him. Mr. Cochran
hands each of you a copy of the complete file and asks each of you to review it and
prepare a memorandum of law as to whether or not the District Attorney can prove,
based on the file (packet), beyond a reasonable doubt, that Danny Smith is guilty of the
crimes charged. In other words, write a memorandum of law explaining whether Mr.
Smith is guilty or not guilty based upon the file.
You know that there is an opening in the firm for Managing Paralegal and that the
person who submits the best memorandum of law that Mr. Cochran can rely on to
determine whether to accept Mr. Smith’s case, will get the position as Managing
Paralegal.
From your Law 65 class at Bronx Community College, you learned that before being
able to discuss whether someone should be charged with a crime or how to defend
someone charged with a crime, you must be able to examine the elements of the crime.
You also learned that you must evaluate the case only upon the relevant
evidence/record/facts given.
Page 2 of 15
The Memorandum of Law Must Follow/Include the IRAC Method:
I or Issue
State the legal question that is raised, based upon the facts, that must be addressed.
R or Rule
State the relevant law that applies to resolve the issue.
A or Application or Analysis
Apply the relevant facts of the question (issue) to the rule of law that applies.
C or Conclusion
Answer to the question (issue) that is the most likely result based upon the application
of the relevant facts to the rule of law that applies.
The following is the format for the Memorandum of Law.
Page 3 of 15
Memorandum of Law
To: Johnnie Cochran, Esq.
From: (Your name)
Date: (Note: the memo is received on the date + time the assignment is uploaded is used)
Subject: Danny Smith, Potential Client
Facts: (For you to complete. Include a brief summary of facts of the case.)
Charge: Robbery in the First Degree, Penal Law § 165.15(2)
Issue: Whether the District Attorney can prove, beyond a reasonable doubt, that
Danny Smith is guilty of Penal Law § 165.15(2)
Rule: A person is guilty of robbery in the first degree when (s)he forcibly steals
property and when, in the course of the commission of crime or immediate
flight therefrom, (s)he or another participant in the crime is armed with a
deadly weapon.
Application: (For you to complete)
Conclusion: (For you to complete)
Page 4 of 15
The following is the complete case file.
People of the State of New York v. Danny Smith
This case involves a stabbing that occurred on February 11, 2020, on the number two
train. Danny Smith and Joe Morris approached the victim, Bobby McShan. Words were
exchanged and Joe Morris stabbed Bobby McShan.
Note: Joe Morris was found guilty after trial of assault in the second degree, robbery
in the first degree, and criminal procession of a weapon in the fourth degree. Joe
Morris is currently serving eight (8) years in prison.
Pleadings:
The State has filed the following charge against Danny Smith: Robbery in the First
Degree, pursuant to Penal Law §160.15(2).
Applicable Law:
Robbery in the First Degree, Penal Law § 160.15(2): A person is guilty of robbery in
the first degree when (s)he forcibly steals property and when, in the course of the
commission of crime or immediate flight therefrom, (s)he or another participant in the
crime is armed with a deadly weapon. This is a class B felony and is punishable by
imprisonment up to 25 years.
Page 5 of 15
Exhibits and Materials
1) Knife
2) Police Reports
3) Preliminary Hearing Transcript
4) Report of Interview
5) Danny Smith’s Award for: “Certificate of Excellence for Demonstrated
Leadership in Students for Alternative Dispute
Resolution”
Witnesses
1) P.O. Johnson
2) Mr. Goodwill
3) Bobby McShan
4) Joe Morris is currently serving time in prison
5) Jean Higgins
6) Danny Smith
TRANSCRIPT TO FOLLOW ON THE NEXT PAGE
Page 6 of 15
POLICE REPORT
Date: 2/11/2020
Time: 3:30 p.m.
Location: Southbound number two train @ 149th Street & Grand Concourse Station
Arrested: No arrest, suspects fled scene
Suspects: 1) Joe Morris – 5’7” approx. 150 lbs.
2) Danny Smith – 6’2” approx. 170 lbs.
Victim: Bobby McShan – Stabbed on left side. Taken to Lincoln Hospital
Witness: Francis Goodwill – 32 Chauncey Street, Bronx, N.Y.
Bobby McShan – 111 Vestal Avenue, Bronx, N.Y.
R/O: Police Officer Johnson
Narrative: While patrolling the southbound number two train, I walked into the last
car and saw Joe Morris sitting next to Bobby McShan at the far end of the
car. Joe Morris had a knife to Bobby McShan’s left side. Danny Smith
was standing over Bobby McShan. As I ordered the boys to freeze, the
train pulled into the 149th Street and Grand Concourse Station, Joe
Morris and Danny Smith ran out of the subway. Joe Morris dropped the
knife on the platform, as the boys fled the scene. I radioed for assistance
and pursued the perpetrators. The perps made it to the street level where
they disappeared into the crowd. I returned to the 149th Street Station,
where I saw the victim lying on the platform, holding his left side. I
radioed for an ambulance and the victim was taken to Lincoln Hospital.
Also, at the station, was a person named Francis Goodwill, who I
interviewed. I went to Lincoln Hospital, where I interviewed the victim. I
recovered and vouchered a Smith and Wesson 9” switch blade knife from
the platform.
Following Persons Interviewed:
1. Francis Goodwill: a Computer Analyst
I boarded the train at the Allerton Station. At the Pelham Parkway Station, Danny
Smith and a friend got on the train along with approximately thirty teenagers. After the
train left the 180th Street Station, Danny Smith and his friend walked towards the end of
the car. When they got about two feet away from the victim, Danny’s friend pulled out a
switchblade. The victim saw them approaching and tried to get out of his seat.
However, Danny’s friend sat to the left side of the victim. Danny stood over the victim.
The boys exchanged words. The victim pulled a bill out of his pocket and
handed it to Danny. A few moments later, P.O. Johnson walked into the subway car
and told the boys to “freeze.”
Page 7 of 15
2. Bobby McShan: Student – Green High School
I was on my way home from school. I got on the train at 180th Street, where my school
is located. I saw two boys approach me, one had a knife. I got nervous and I
started to get out of my seat, when the guy with the knife sat next to me and told
me to “sit down.” The guy that had a knife to my side said “so you didn’t think you’d
see me again?” I said “please don’t hurt me, I didn’t want to rob you that day. It was
my friend Shorty that told me to help him or he was going to hurt me.” That’s
when the guy that was standing over me said to the guy with the knife, “Let’s
get out of here man, leave him alone.” The guy with the knife responded
“I’m not leaving until he gives me the money he took from me.” I was so nervous
that I pulled twenty dollars out of my pocket and said “please take it. Just don’t hurt
me.” The guy with the knife told the other guy to “take the money,” which he
did. Then the guy with the knife said “what’s your name anyway?” I told him
my name and he said “don’t you tell anybody about this, you hear?” I said “don’t
worry, I won’t tell anyone.” That’s when the Police Officer walked into the train car.
P.O. Johnson
P.O. Johnson
Page 8 of 15
POLICE REPORT
Date: 2/11/2020
Time: 6:00 p.m.
Location: Lenox Terrace Apartments, 135th Street between Madison and 5th
Avenues
Arrested: Danny Smith – 6’2” approx. 170 lbs.
Victim: Bobby McShan – Stabbed on left side.
R/O: Detective Fox
Narrative: This is a follow-up from the robbery that occurred on 2/11/2020.
Detectives Peters and I went to Danny Smith’s apartment, arrested him
and brought him back to the 44th Precinct. Once at the Precinct, Danny
Smith was booked and read his Miranda warnings. Danny Smith
confessed to taking the money from Bobby McShan.
Following Persons Interviewed:
1. Danny Smith:
“Joe and I were on our way home, when Joe saw a guy he knew get on
the train. Joe told me he wanted to speak to the guy. So, I walked with Joe to the end
of the train car. When we were 2’ away from the guy, Joe pulled out a switchblade. I
got nervous and I didn’t know what to do. Joe sat next to the guy and not knowing what
to do, I just stood there. I worked up the courage to tell Joe ‘let’s get out of here man,
leave him alone.’ Joe said ‘I’m not leaving until he gives me the money he took from
me.’ The guy took twenty dollars from his pocket and gave it to me. A few seconds
later a police officer walked into the train. I was afraid, so I ran out of the train.”
Detective Fox
Detective Fox
Page 9 of 15
TRANSCRIPT OF PRELIMINARY HEARING
Report of hearing held before the Honorable Sam Carter on January 9, 2021.
FRANCIS GOODWILL, having been first duly sworn, testified as follows:
Page 2
(By the prosecutor)
Q. Mr. Goodwill, did you take the subway on February 11, 2020?
A. Yes
Q. Which train did you take?
A. I took the southbound number two train from the Allerton Avenue Station.
Q. Approximately how many people were on the train when you boarded?
A. About 10 people were in the same subway car that I was in.
Q. Were the defendant and Joe Morris in the same subway car at the time you
boarded the train?
A. No.
Q. Did you see the defendant and Joe Morris board the train?
A. Yes, they got on the train at the Pelham Parkway Station.
Q. Did they ride in the same subway car as you?
A. Yes.
Q. At that time, approximately how many people were in the same subway car as
you?
A. At that time, I would have to guess that there were about 20 people in the same
subway car with us.
Q. Mr. Goodwill, do you know the defendant or Joe Morris?
A. Yes, I know Danny.
Q. Do you know Joe Morris?
Page 10 of 15
A. No. I have never seen him before.
Q. How do you know Danny Smith?
A. I know him from the neighborhood. I see him at the Y.M.C.A., I think
he does volunteer work there.
Page 5
(By the prosecutor)
Q. Did there come a time when Danny Smith and Joe Morris walked towards you?
A. Yes. After the train left the 180th Street Station, I noticed Danny and the other
guy walking towards me. They walked a little past me and stopped to talk with
another kid who was on the train.
Q. Did you see anything happen?
A. Yes. I saw the guy with Danny pull out a knife. The other kid tried to get out of
his seat but he was not able to do so. The guy Danny was with sat next to him
and put the knife on his side so he sat back down. At that time, I knew
something was wrong.
Q. Approximately how far were you from Danny Smith and Joe Morris when this
happened?
A. I was about five or six feet away. I was close enough to see that there was
trouble.
Q. Did you hear any conversation between Smith, Morris and the other person?
A. Yes. I heard the boys arguing. I wasn’t sure what they were saying. I did hear
Danny tell his friend to leave the kid alone. I think Danny may have seen me.
Defense Atty: Objection to what the witness thought!
Court: Sustained
Q. What happened next?
A. Well, I saw the kid who was being held hand some money to Danny. A few
seconds later, the train came to a stop and a police officer yelled to the boys to
freeze! As soon as the doors to the train opened Danny and his friend ran out of
the train. The police officer ran after the boys.
Page 11 of 15
Page 8
(By the defense attorney)
Q. Mr. Goodwill, did you see Danny with a knife or any weapon?
A. No.
Q. How close was my client, Danny Smith, to the victim?
A. He stood right over him. I would say he was about two or three feet in front of
the other kid.
Q. Isn’t it true that Danny did not say anything to the alleged victim in this matter?
A. I don’t know. All I know is that I saw Danny take some money from the kid and
run after the police officer told him to freeze.
BOBBY McSHAN, having been first duly sworn, testified as follows:
Page 15
(By the prosecutor)
Q. Directing your attention to the day of February 11, 2020, were you riding the
southbound number two train?
A. Yes. I was on my way home from school.
Q. Were you with anyone at the time you rode the train?
A. No, I was by myself.
Q. Did anything happen to you while you were on the train?
A. Yes.
Q. What happened to you?
A. I was stabbed.
Q. Do you know who stabbed you?
A. Yes, a guy named Joe stabbed me.
Q. What happened prior to you being stabbed?
Page 12 of 15
A. Well, I saw Joe and his friend approaching. I tried to get out of my seat, but Joe
put a knife on my side so I sat back down. He said to me “I told you that you will
see me again.” I said, listen, it was my friend Shorty who took your money. I
told him that I did not have anything to do with it. He told me to give him his
money that Shorty had taken from him. So I reached into my pocket and gave
him all the money I had. I think it was $20.00.
Q. Who is Shorty?
A. Shorty is a friend of mine.
Q. Whom did you give the money to?
A. I gave the money to the other guy that was with Joe. He was standing in front of
me with his hand out, so I gave him the money.
Q. Do you see the person whom you gave the money to in the courtroom?
A. Yes.
Q. Can you point him out for me?
A. Yes, he is the guy sitting over there with the grey suit.
Prosecutor: Let the record reflect that the witness has identified the defendant, Danny
Smith.
Court: The record shall reflect that the witness identified the defendant, Danny
Smith.
Q. What happened next?
A. The next thing that I knew, I felt a sharp pain in my side as the train stopped.
Then, Joe and his friend ran out of the train when the police came.
Page 20
(By the defense attorney)
Q. Mr. McShan, how close was Danny Smith standing next to you?
A. He was standing about four or five feet in front of me.
Q. Did my client have a knife or any weapon?
A. I don’t know.
Page 13 of 15
Q. Did you see him with a knife or weapon?
A. No.
Q. Did he say anything to you?
A. No.
Q. Did he threaten you?
A. No.
Q. What did my client say, if anything?
A. I think he was telling Joe to leave me alone
Page 24
(By the prosecutor)
Q. Now Mr. McShan, who took the money from you?
A. Danny Smith.
Q. And when he stood over you, did you feel threatened?
A. Yes.
Q. Why did you feel threatened?
A. Because he stood over me while Joe had a knife on my side. He wouldn’t back
up.
Page 14 of 15
REPORT OF INTERVIEW
Jean Higgins, is a teacher at Danny Smith’s school. He is also the faculty
adviser for the Students For Alternative Dispute Resolution. This organization hears
disputes between students and attempts to diffuse potential conflicts. Danny Smith is a
member of the organization. The defense team sent an investigator to interview the
faculty adviser. The following information was obtained by the investigator.
Jean Higgins has known Danny for the past four years. Danny joined the
organization during his freshman year. He indicated that Danny is very involved in the
organization and is considered one of the leaders of the school. He noted that
the administration and other teachers considers Danny a “leader” in the school as well
as a mentor to the younger students. He stated that Danny did speak to him about the
incident that occurred on the 2 train and informed him that he made a mistake by
running. He noted that Danny acknowledged that he had no idea that Joe Morris was
going to rob or confront the victim. He did note however, that Danny stated “all I did
when we robbed Bobby McShan was take the money.”
Mr. Higgins insists that Danny does not have the character to commit a robbery.
He stated that other faculty members often speak highly of Danny and is impressed
with his clam demeanor. He noted that Danny received an award last year from the
organization for his excellent work at resolving student disputes.
Michael Jackson
Michael Jackson
Licensed Investigator
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