SCENARIO – Deadly Force in Defense of Others

SCENARIO – Deadly Force in Defense of Others

SCENARIO – Deadly Force in Defense of Others

Tim is walking down the street late at night when he hears a woman screaming. He sees the woman running down the street, chased by a man dressed in blue jeans, a sweatshirt, and tennis shoes. Tim sees the man tackle the woman and begin to struggle with her on the ground. The woman continues to scream as the struggle continues. Tim picks up a rock from the ground, runs to the altercation, and hits the man on the back of the head with the rock. The blow kills the man. The woman jumps up, thanks Tim, and runs off into the night.

 

Using deadly force to defend others 

Just then, uniformed police officers arrive on the scene, and it is revealed that the deceased man was a plainclothes detective who was conducting surveillance on the woman and her accomplice, who were involved in a large-scale drug distribution ring. On the night of the incident, the woman was to deliver a kilo of cocaine to a local dealer. The detective was part of the surveillance team who was to arrest the suspects as soon as the delivery was made. However, the woman ran from the detective, resulting in the chase witnessed by Tim.

 

What is the most common type of criminal defense?

Tim is charged with murder. His raises the Defense of Others as his defense. Do you believe this defense will succeed? Why or why not? Be sure to explain your understanding of what the defense consists of, and what facts support your answer.

2)****An undercover officer sets up a cocaine buy from Doper Donna. The UC shows up at Donna’s house with the money. Donna tells the UC, “I need to show the money to Dealer Dave before he will give you the stuff.” The UC takes $500 out of his pocket and gives it to Donna. The UC watches Donna walk down the hall to a backroom, where she hands the money to a white male. The UC sees the white male count the money and then hand Donna a paper sack.

Donna then walks back to the UC and hands him the bag. The UC looks in the bag and sees a plastic bag with a white substance that looks like cocaine. Donna then tells the UC, “Dave says you can get larger quantities in the future if you want.” The UC asks if he can buy a half kilo next time. Donna walks back down the hall to talk to Dave and returns a short time later. Donna tells the UC, “Dave says you can have a half ‘key’ for $10 Grand.” The UC agrees and says he has to get the money but will return soon. The UC then leaves.

Why hearsay evidence is not admissible

Based on the transaction, a search warrant is executed on the house. A large quantity of cocaine is found in the house. Donna and Dave are arrested and charged with Possession with Intent to Deliver Cocaine and Conspiracy to Deliver Cocaine. Both Donna and Dave are Mirandized and questioned about the incident. Dave refuses to answer any questions. Donna agrees to talk and tells police that she and Dave have been selling dope for over a year. Dave supplies the cocaine but makes her do all the transactions with the customers to insulate himself from being identified by buyers and other witnesses in case they got caught.

 

What are three exceptions to the hearsay rule?

At trial, the prosecution questions the UC about the drug transaction. When the UC begins to testify to what Donna said during the deal, Dave’s attorney objects to hearsay and asks the Court to prevent the jury from hearing Donna’s statements against Dave’s guilt or innocence. The prosecution says her statements are not hearsay. Later in the trial, the prosecution tries to introduce Donna’s confession against Donna and Dave. Again, Dave’s attorney objects to hearsay.