Criminal Law
Shortly before midnight, Mr. Ross is driving through a residential area in an attempt to get his wife, who is in labor, to the hospital. The posted speed limit is 30 mph, but Mr. Ross is anxious to get his wife to the hospital and is driving 75 mph. In a dark area, the car strikes a 10-year old boy and his mother who are walking across the street. The boy is instantly killed, and the mother severely injured and unconscious. Mr. Ross loses control of the vehicle, the car hits a pole, and he and his wife suffer minor cuts and scratches. Mr. Ross, in shock and panic, takes a bat out of his disabled car and stops a passing vehicle by force, throwing the driver to the ground, placing his wife in the stolen vehicle and leaving the scene. The police ultimately apprehend him several blocks from the scene and arrest him.
You own a private investigation firm specializing in criminal investigations for criminal defense attorneys like the one who represents Mr. Ross. You assure Mr. Ross’s attorney, who has hired your firm, that your information will be accurately assessed with the explanation of the events that occurred, as outlined above. Your job is to conduct an independent criminal assessment of what happened in this case, based upon the facts outlined above, and provide the attorney with your analysis of the case against Mr. Ross.
The attorney asks you to make sure that you address the following areas of concern, and any other information that you feel pertains to the case, in a document of 2–3 pages:
- Explain whether Mr. Ross is guilty of any crime and if so, identify the crime that has been committed.
- If you conclude that Mr. Ross has not committed a crime, explain why, and discuss the specific elements of the type of homicide this may be.
- Explain the elements of murder, including what is required to convict someone of attempt to commit murder.
- Robbery is classified as both a property crime and a crime of violence. How would Mr. Ross’s crime be classified?
If he was guilty of this crime, would it then be classified as a property crime or a violent crime?
- Define violent crime and property crime. Which is more serious? Explain.
- Based upon your opinion, reading assignments, and research, should Mrs. Ross be charged with any crimes? Explain and support your position.