CRIMINAL LAW – CRIM 2200 – Fall Semester/2017

Final Exam Essay Question – Worth Up to 35 Points

You are to write an essay based on the following set of facts. You are to base your
answer on the Ohio Revised Code and should also include the appropriate
references to the common law where applicable. When discussing to Ohio
Revised Code sections you do not have to quote the O.R.C. “statute numbers.”
-------------------------------------------------------------------------------------------
Facts: Gerald is 26-year old man with a history of violent and aggressive behavior.
He is a bully who abuses drugs and alcohol. His own father regularly beat him as a
child and abused his mother. He has been a heavy drinker since the age of twelve.
He has been diagnosed by competent psychiatrists as a schizophrenic and suffering
from severe bi-polar tendencies. However he refuses to take the medication that is
prescribed for him preferring to sell the meds he receives from a clinic to others
“on the street” for quick cash and then drink liquor instead.

He has been dating Melissa, a woman of his own age and is extremely possessive
of her. They are not living together. One night at a bar, Melissa, tired of Gerald’s
violent nature tells him “We’re through and I never want to see you again.” Gerald
is enraged and pushes the table over screaming at Melissa, “You bitch – Nobody
walks out on me. I’ll mess you up!” He pulls a hunting knife from his back pocket
and slashes at Mellissa intending to cut her face. He misses and she is not hurt.
Other customers’ hold Gerald back and Melissa flees from the bar. The bartender
takes away his knife and refuses to give it back.

Gerald downs a quantity of alcoholic drinks until he is very intoxicated. He

decides that Melissa “owes him” and drives to her house. He intends to have
forcible sex with her. He kicks down the door and surprises Melissa in her
bedroom. He rips off her clothes, pins her to the bed, fondles her genitals, inserts a
finger into her vagina and tries to have full sexual intercourse with her. However
he is too drunk, cannot achieve erection and cannot “complete” the act or achieve
penetration. He strikes Melissa across the face breaking her nose and knocking her
unconscious. As he is leaving he sees $200.00 in cash on Melissa’s bureau. He
takes the money.
Gerald drives the streets still seething with rage and alcohol. Around midnight, he
passes “Dave’s Sporting Goods” Store (that is closed for the night) and sees a
collection of hunting knives and guns inside the display window. He heaves a trash
can through the window, enters the store and takes a hunting knife, a handgun and
ammunition.

Still angry Gerald goes looking for sexual relief. He spots Maggie, a professional
prostitute, openly and flagrantly propositioning passersby on a street corner with
verbal offers of sex for hire. He pulls up, takes out the gun and threatens to kill her
if she will not have sex with him. She agrees and he pushes her into his car at
gunpoint. They drive several blocks to a vacant lot where he makes Maggie have
full penetrative sexual intercourse. Gerald leaves her in the lot and then drives
home and collapses in a stupor on the couch. Later in the morning he is arrested by
the police based on reports from Melissa’s and Maggie. (Assume that all of the
above facts can be proven beyond a reasonable doubt by the police and the
prosecutor.)
----------------------------------------------------------------------------------------------------

Write three short essays that discusses Gerald’s situation including a specific
discussion of the following three questions. Organize your answer according
to #1, #2, and #3 below.

1. Under Ohio law, what crimes has Gerald (or anyone else) committed
during this “spree?” Briefly discuss why each one is, in fact, a crime.

2. Can Maggie the prostitute claim that she is the victim or a crime or will
the fact that she is a prostitute be used against her? Is Ohio position’s on
her situation different than it was at common law? Why?

3. Does Gerald have any possible defenses to his actions? If so what are
they?(Note – “Possible” defenses)