Respond to each of the following case studies.
Case Study 1
Scott Murphy is a freshman in college and recently decided to pledge the fraternity, Chi Gamma Omega. As a â€œpledgeâ€ of the fraternity, Scott is forced to participate in a number of initiation activities in order to become a brother of Chi Gamma Omega. Specifically, one night Scott was held down on the ground while other brothers poured shots of vodka into his mouth. Severely intoxicated by the initiation ritual, later that evening Scott broke into a female studentâ€™s dorm room and sexually assaulted her. Scott is claiming he mistakenly believed he was entering the room of his girlfriend.
- Is Scott entitled to the defense of involuntary intoxication? Why or why not?
- Under what circumstances could voluntary intoxication serve as a defense?
- If none, should it result in conviction of a lesser crime? Why or why not?
Keywords to search for are: affirmative defense, intoxication, voluntary, consent
Case Study 2
Jack Oberman is a pharmacist at a local drug store and has never previously engaged in any form of illegal activity. Local police officers received reports that the drug store was filling illegal prescriptions for OxyContin, a strong painkiller often sold on the streets. An undercover officer approached Jack on five separate occasions claiming that he had a daughter suffering from a terminal illness who was in severe pain and discomfort. The undercover officer claimed he could not afford medical treatment and asked Jack to illegally provide him with OxyContin for his daughter. Jack refused on the first four occasions, but finally consented after hearing the horrific stories of the young girlâ€™s suffering. Jack handed the undercover officer 10 OxyContin pills and was subsequently arrested.
- Is he entitled to the defense of entrapment?
- Would he be successful under both the objective and subjective tests for entrapment?
Keywords to search for are: entrapment, affirmative defense, luring, and trickery
Your complete response should be 3 – 4 pages in length. Be sure to cite all your references and format them according to Bluebook Standards. For writing assistance, consider using Grammarly or submitting your written assignment to the Writing Lab prior to submitting your assignment.