Sally is pregnant with her first child and is in a committed relationship with her girlfriend Biddie.
They are chronically short on money. Biddie feels very devoted to Sally and very committed to
co-parenting the baby with her in the future. Biddie has had a troubled past and associates with
unsavory people involved in drugs and other crime. Biddie decides that to get funds to support
the baby she will rob some drug dealers. Biddie has a friend, Bobby, who is willing to commit
the robbery with Biddie. Biddie and Bobby discuss how to get guns to use for the robbery.
Biddie does not want her girlfriend Sally to know anything about the planned robbery. Biddie
asks Sally if Biddie and Bobby can borrow guns from Sally’s brother Shawn, so that Biddie and
Bobby can go target shooting.
Sally asks Shawn about Biddie borrowing two guns which are lawfully registered to and
possessed by Shawn. Sally genuinely believes the guns are only for target practice, but Shawn is
secretly suspicious. Shawn does not trust Biddie and does not know Bobby. Shawn figures that
Biddie is planning something stupid or criminal or both, but Shawn doesn’t say anything to Sally
about his suspicions. Instead, Shawn agrees to lend the guns to Biddie. Shawn doesn’t like
Biddie, and Shawn is concerned that Biddie will not follow through on her talk about coparenting and providing for their baby. Shawn figures that if Biddie does find a way to use the
guns to get some money, that will enable her to contribute financially to Sally and the baby like
she said she wants to. On the other hand, if Biddie is not successful, she will be caught and
locked up for a long time (or maybe even killed) and that might be for the best in the long run for
his sister Sally. Shawn thinks that Sally deserves better than Biddie, and that if Biddie is locked
up or killed, Sally will be able to move on more quickly. Shawn gives the two guns to Sally who
passes them on to Biddie.
Biddie and Bobby show up at the drug house with their guns drawn, and go inside, where they
confront Keema. Biddie and Bobby point their guns at Keema and demand the money and drugs.
Keema pretends to retrieve these, but instead grabs her gun and fires several shots in the
direction of Biddie and Bobby. One of Keema’s shots hits Bobby, who later dies. In response to
being shot at by Keema, Biddie shoots and hits Keema. As Keema is down on the ground
bleeding, Biddie picks up the drug bag and cash and puts them in her backpack. However, Biddie
hears police sirens getting closer and does not want to get caught with this evidence, and so puts
the drug bag and cash back in their place, and leaves. When the police arrive they find Keema on
the ground with gunshot wounds. Keema is rushed to the hospital and after surgery, she
eventually recovers.
The police search the house and find Kenneth dead at the bottom of the stairs. Kenneth is
Keema’s father, and was upstairs during the robbery. When he heard the gunshots, he headed
down the stairs in a hurry in his stockinged feet, lost his footing, and fell. Kenneth died from the
head injury he sustained in the fall.
EXAMINATION CONTINUES ON NEXT PAGE
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Professor Nadler
Criminal Law Fall 2017
In a thorough search of the house, the police discover a large amount of cash and some baking
soda packaged to look like drugs. No unlawful drugs are found in the house. A forensic test of
Bobby’s gun show that it was broken and incapable of firing any shots.
You are new Assistant State’s Attorney in the fictitious state of Wigmore (in the U.S) which has
adopted the Model Penal Code. Your supervisor has asked you to write a memo consisting of
two parts:
1. Analyze the liability of Biddie, Keema, Shawn, and Sally for any criminal offenses under
the Model Penal Code.
2. Analyze the liability of the individuals above under common law principles, ONLY to the
extent that the analysis would differ. (Any analyses that are the same or substantially
similar to the MPC under the common law should be omitted here).
It is important to anticipate defense arguments in your memo.
Be sure to analyze all plausible issues.
Assume that there is no offense in Wigmore or the common law prohibiting possession of a gun.
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