Per the syllabus, The O.R.C. assignment must be submitted on the due date. There is no allowance for late submission of the O.R.C. assignment. Late submission shall = 0 points.
Using the Ohio Revised Code – identify the crime(s) in each of the scenarios. You can find the O. R. C. at http://codes.ohio.gov/ Click on the link Ohio Revised Code, then click on the link: Title [29] XXIX CRIMES – PROCEDURE This link will take you to a page that has every crime in the O.R.C.
REMEMBER – you must prove each and every element of the crime – so pay careful attention to the language of the law AND ALL THE ELEMENTS of the criminal offense.
YOU MUST HAVE A PROBABLE CAUSE STATEMENT FOR EACH CRIMINAL OFFENSE AND FOR EACH OFFENDER. IF YOU DECIDE THERE WERE 3 CRIMES COMMITTED YOU MUST HAVE 3 PROBABLE CAUSE STATEMENTS
Required: format for your answers – failure to follow this format will result in a grade of 0 for the entire assignment.
- Identify the specific criminal statute for each crime AND each offender. Write the code number (29xx.xx) and the name of the crime (Felonious Assault) for each crime and each offender.
- Probable Cause statement: Identify the behaviors of the offender(s) that are consistent with the elements of the crime(s) committed that the State must prove to sustain a conviction.
EXAMPLE……..Probable Cause Statement Format – Charlie Sheen (person) was diagnosed with HIV in 2011 (knowledge) and with awareness of his diagnosis did (knowingly) have sexual intercourse (sexual conduct) with Scottine Ross (other person) on August 25, 2013, in Tiffin, Ohio, without telling her of his HIV diagnosis (disclosing knowledge) prior to sexual intercourse (sexual conduct) and without using any type of protection.
The elements are within the parenthesis – you must include ALL the elements in your probable cause statement of the facts.
You must provide a Probable Cause statement of the facts for every crime and every offender.
The probable cause statement is a STATEMENT – not a story about the incident. It contains the elements and ONLY the facts that are specific to proving the elements.
The definition codes are NOT CRIMINAL STATUTE CODES. The definition codes for each category of offense are NOT CRIMINAL STATUTE CODES.
Bring your answers to class on 12/07/18. We will review each of the cases in class
Case #1 – (10 points) The family of a man who died of dehydration in his own home wants justice for the death of 38-year-old Terrell Thomas who “was subjected to a form of torture” during the 24 hours he screamed for water and help while he was involuntarily de-toxing from heroin. Lola Crawford (31 yrs.) told police “I was helping him de-tox, I locked him in the closet so he wouldn’t be tempted to leave and I was there the whole time. He needed to stop the heroin, we had no money to feed our dogs and he needed to get a job. I thought he was just trying to get me to let him out so he could get more heroin.” After 18 hours in the closet Thomas quit screaming. When Crawford finally went to check on Thomas, she found that he was dead. She called her friend Renee Brown (19 yrs.) and asked her to help her drag the body out of the house and into the unattached garage. After family members became suspicious because they had not seen Thomas in 2 weeks they called police. The police went to the house and Crawford admitted the body was in the garage, but told police “it was an accident, I got scared because I didn’t know what to do with the body.” Brown was questioned, and she admitted she helped move the body. Thomas’ death was ruled a homicide.
Case #2 – (10 points) A Tiffin man with a history of smashing store windows to grab female mannequins has been accused of indulging his fetish again. Richard Davis, 39, was arrested and jailed after breaking a window at a Victoria’s Secret store, after normal business hours, to steal a mannequin that was dressed in lingerie, police said. Davis recruited Carl Dean (41 yrs.) as his “lookout” to warn him if the police arrived. Sadly for Davis, Carl Dean fell asleep in the getaway car, and did not see police arrive after they were alerted by an employee who was inside the business doing inventory in an office. The employee heard the glass break, called police, and locked herself in the office. When police entered the store, they found Davis hugging the mannequin and trying to hide in a fitting room. Equally embarrassing for Davis, they found him dressed only in female lingerie that he had taken off the store shelf. The police found Dean asleep in the car and he admitted he was the lookout and driver for Davis. Shockingly, they also discovered Dean was dressed only in Victoria Secret’s lingerie….as police sarcastically said “it was the sexiest mug shot photo shoot we ever had….NOT!
At arraignment, a judge ordered Davis to undergo a psychiatric examination to determine whether he is competent to stand trial. “Mr. Davis went to prison for this already and they haven’t helped him,” said his lawyer, Edward Cohn. “He got out of prison and he was right back out there. It’s pretty bizarre.” Davis had been out of prison for less than a week when he was caught this time. His erotic pursuit of mannequins over the past 13 years has led to at least six convictions and a stint in prison, police said. “He told his wife he was going to buy a mannequin, so he didn’t have to do these break-ins anymore,” said Detective Brendan Moore Apparently that didn’t work out.
Case #3 (10 pts). A Tiffin mother shocked her son with a Taser to wake him up for Christmas church services. Amy Schumer, 40, zapped 17-year-old Brandon on the left leg with a Taser. The 17-yr. old told police that Schumer did shock him with the Taser and he identified two burn marks on his leg where the Taser made contact. Carrie stated “my son knows worshiping the lord is important to me and he should have gotten his butt out of bed the first time I told him.”
Case #4 (10 pts). Conor McGregor (27 yrs.) entered the Elm Street Stop and Rob convenience store with a pink handgun. He approached the register and gave the clerk a note demanding money. When she refused, he pointed the gun at her. The clerk said “is that a real gun?” McGregor fired his weapon at the clerk to show her it was real. But, McGregor wasn’t a very good marksman, and even though he was standing just 4 feet away from the clerk he only shot her in the arm. The bullet went through the clerk’s arm, then through the window and struck Kim Kardashian (42 yrs.) in the neck while she was standing outside near the door of the store waiting for a bus. Kardashian died at the scene.
Case #5 (10 pts). Dana Owens (51 yrs.) grew exceptionally tired of taking care of her boyfriend Lenny Kravitz,(51 yrs.) who had been paralyzed 5 years ago in a drive-by shooting, which Dana blamed on his refusal to get out of a gang. Lenny was unable to provide for his own care and Dana was his full-time nurse-maid, which really pissed her off and she complained quite often to all his friends about what a burden he was. Friends of Lenny became concerned when one cold winter day Dana told them that she and Lenny broke up, and he went to live with his sister in another city. Lenny’s friends suspected foul play since Lenny didn’t have a sister. No longer needing to be Lenny’s caretaker, Dana started hanging out at the clubs, where she liked to chase shots of whiskey with Pabst Blue Ribbon beer. When Dana drank she got wasted and she also got talkative. Whether she was trying to impress stud-muffin Eminem or was just talking through her alcoholic haze, she ended up telling Eminem she took Lenny to a wooded area near the house and parked him and his wheelchair in a grove of trees and left him there because she was tired of caring for him. Eminem notified police and sure enough, they found the body of Lenny, frozen solid in the wheelchair. The autopsy confirmed it was Lenny and he had died of hypothermia. When police interviewed Dana she admitted she left him in the woods because she was tired of taking care of him and tired of him stealing the best years of her life.
Case #6 (10 pts). Toddlers are known for several things, like sucking their thumbs or grabbing the dog’s tail, but they are not known for killing their mother. Three-year-old Adam Lanza was playing hide and seek with his nine-year-old sister Emily when he spotted a handgun under the sofa. He picked it up and pointed it at the dog, then pointed it at Emily, which made her yell for Mommy. Adam’s mother (27 yrs. old), who had been in the kitchen came out to the living room and saw Adam with the gun. As she approached him to take the gun away, Adam pulled the trigger. The bullet struck her in the forehead killing her instantly. Adam dropped the gun and went over to his mother and laid on her chest telling her “wake up Mommy.” Adam’s father Roy Lanza (27 yrs. old), who owned the gun, heard the shot and ran into the living room to find his wife dead. Roy’s brother Michael (21 yrs. old) was also in the house and he ran into the living room to find Roy cradling his wife’s dead body. Michael grabbed the gun and Roy told him to hide it in the crawlspace because Roy was on parole for armed robbery and wasn’t allowed to have a gun. When Michael called police, he told them someone had entered the house and shot his brother’s wife. When police arrived, the officers asked Roy to find someone to take care of Adam and Emily, so the children would not have to be in the middle of the investigation. Roy would not put his son down or call anyone. Adam began crying and said “I hurt Mommy.” Emily then told police that Adam shot Mommy. Soon the story unfolded and Michael admitted he hid the gun in the crawlspace. Police recovered the gun and found it to be fully functional and operational.
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