Criminal Law Practice Exam

Instructions:

Read the following fact pattern, and answer the question. Give yourself 90 minutes to complete this exam. Do not go over the time limit.

We recommend that you take this exam only after you have completed your study of Rape, Murder and related issues. If necessary, review the Criminal Law Rules of Law before starting this exam.

Once you have completed the practice exam in the time allotted, then compare your answer with this Criminal Law Sample Answer.

Criminal Law Fact Pattern

Five male university students (Abe, Bob, Chris, Dan and Edward) were on Spring Break. They met a young woman named Mary who they lured back to their hotel room. The guys made repeated sexual advances to Mary. She rebuffed the sexual advances from all of the students except for Dan. Mary said she would have sex with Dan but not with the others.

Abe said, "If Mary isn't willing to have sex with all of us, then we'll have to force her. Are you guys with me?" Bob nodded his assent. Chris, Dan and Edward just stood there and did not respond. Mary objected and said she wanted to leave. Abe locked the door so Mary couldn't get out.

Bob suddenly had a change of heart and said, "I'm not going to go through with it, and I think all of you should stop as well." At that point, Bob left the hotel room and went to his own room, but didn't do anything further.

Abe then forcibly held Mary down and proceeded to have intercourse. Chris, who was very drunk, then said "I'm going to force her to have sex with me too." He took his clothes off and got up on the bed. However, before he actually had intercourse with Mary, Chris passed out from the alcohol. In relief that she wouldn't be forced to have sex again, Mary passed out.

Dan decided that since Mary had said she wanted to have sex with him, it was OK and he proceeded to have sexual intercourse with the unconscious Mary. After Dan had sex with Mary, Mary woke up and started screaming. Afraid that someone would hear the screaming Mary, Abe choked her until she was dead. Edward just watched the whole time and said and did nothing.

After Mary died, Abe, Chris and Dan went to Bob's bedroom. Edward went back to his bedroom and did nothing. Abe, Chris and Dan told Bob everything that had happened. Bob said that Abe, Chris and Dan could spend the night in his room so that they wouldn't be found with the dead body. The next morning, the police found Mary and arrested all five students.

Question: What crimes are the students guilty of? Are there any possible defenses?

For purposes of this question, consider battery and assault to be lesser-included offenses under the greater charge of rape. Also, do not cite cases or precedent for this question. In your actual exam, you may want to cite cases depending on what your professor wants. However, because casebooks vary widely between schools, we have not included cases in the sample answer or analysis.

Once you have completed the practice exam in the time allotted, then compare your answer with this Criminal Law Sample Answer.

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