Professors Swanson and Sheridan, Fall 1993

QUESTION 1-50%

In January of 1993, the Reverend Anne Richards, aside from her parish clerical duties, organized and managed the ProLife Movement, a community organization dedicated to anti-abortion ideals. The ProLife movement consisted of about 100 members, all of whom indicated a commitment to anti-abortion legislation and to the closing of any medical and family-planning clinics where abortions were performed.

Partially in response to the lobbying and protest efforts of the ProLife Movement, the Reverend Bob Roberts, Richards' co-pastor, organized and managed Operation Anarchy, a community organization dedicated to pro-choice ideals. Roberts claimed that the efforts of his group were dedicated to keeping abortion clinic open and safe from harassment. Operation Anarchy consisted of about 30 members.

On July 9, 1993, the ProLife Movement held a rally at Richards' and Roberts' church. During the rally, Richards gave an emotional and impassioned speech in which she exhorted the Movement to continue its protest efforts outside clinics. Additionally, Richards asked her followers to pray that the fires of hell would consume the clinics so that abortions would no longer be possible and to pray that the doctors who performed abortions would suffer eternal and painful damnation. At the end of her speech, Richards reminded her followers to gather at a local clinic the following day for a protest and prayer service.

Roberts heard about Richards' rally. At a last-minute meeting called in the middle of the night on July 9, Roberts told the members of Operation Anarchy to meet at the clinic to counter the ProLife Movement's protest. Roberts reminded the members that the clinics needed to remain open "at all costs." Roberts told his group that assaultive and otherwise illegal conduct would be justified, at least in the moral sense, to further their righteous pro-choice cause.

On July 10, about 50 members of the ProLife Movement joined Richards at the appointed clinic. The protesters carried signs while Richards led the group in prayer. When the doctor approached the clinic doors, Richards called out: "Repent now and turn from your evil ways or suffer the consequences."

Meanwhile, Roberts and about 25 Anarchists had arrived at the clinic, just in time to hear Richards holler at the doctor. Roberts yelled to Richards: "That's the last straw." Then Roberts turned to his members and said, "Somebody has got to stop that woman, even if it means killing her." One of the Anarchists, John Goodman, in response exclaimed, "Power to the Anarchists!" Goodman then pulled a knife from his boot and rushed through the crowd of ProLifers.

When Richards saw Goodman's knife, she removed an automatic handgun and aimed it at Goodman. Goodman saw the gun and made a beeline for Richards, but he tripped and fell against a city police officer who had been patrolling the protest area. When Goodman fell into the officer, his knife was pushed into the officers shoulder. Another officer pulled Goodman away; the injured officer was later treated and released from General Hospital. Goodman and Roberts were arrested. Richards and the other protesters from both groups were ordered to leave the clinic area or risk arrest.

That night, well after the clinic was closed, one of Richards' followers, Corky Sherwood, broke a window and crawled into the clinic. Sherwood poured gasoline throughout the clinic, lit a match, then escaped through the broken window. The clinic burned to the ground and a night security officer who had been sleeping in a back office died from smoke inhalation. Sherwood was arrested when the fire marshall who had responded to the fire found her, gas can in hand, admiring the blaze from the back alley. Sherwood told the fire marshall that the clinic was being consumed by the fires of hell.

You are the assistant county attorney and your boss, the county attorney, is contemplating who should be charged with what, if any, crimes from this mess. You should prepare a charging memorandum for the county attorney outlining who could be charged with what offenses. Don't forget to account for possible defenses.

QUESTION 2-50%

Debra Dune lived at the state mental hospital in Fernwood County for many years. She had been committed to the hospital several years ago after she had been found, malnourished but overweight, living in a dumpster behind a Pizza Hut. At the time, she was experiencing auditory hallucinations; she constantly heard voices telling her she was a bad, worthless person.

During the course of her hospital stay, staff were able to work with Debra, teaching her to recognize and distinguish between the auditory hallucinations and the speech of other people. Debra also learned (through several instances where she quit taking her prescribed anti-psychotic medications) that she was more able to recognize the difference between her imagination and reality if she took the medications prescribed by her doctor.

When Debra was discharged from the state hospital last May, she was given a discharge plan which included a requirement that she continue taking the medications her doctor prescribed for her for the rest of her life. She was also told that if she drank any alcohol, she easily could return to an even more psychotic state than she had experienced before her original hospitalization.

Three days after her discharge, Debra quit taking her medications, and began drinking large amounts of whiskey. She quickly began hearing the voices, which told her what a horrible person she was. The nature of the voices changed, however; this time, the voices eventually told her that members of the mafia were going to come to her apartment, tie her up, steal her money, and leave her alone in the apartment.

Debra, whose anxiety had increased dramatically because of her fear of the mafia, went out to K-Mart and bought a large kitchen knife. From then on, she always carried this knife in a small pouch she made and attached to her belt.

One morning, after drinking most of a pint of whiskey, Debra heard a knock on her door. She asked who it was; the man outside the door said he was from United Parcel Service ("UPS"), and that he had a package.

Debra's voices told her this man was from the mafia, and that the man was going to carry out the plan that the mafia had hatched previously. Debra also thought (although the voices did not tell her this) that the package might be a bomb.

Debra went to the door, opened it, and, when the man leaned towards her with the package, she stabbed him once, hitting him in the heart. The man died within three minutes.

Discuss Debra's level of culpability for the death of the UPS delivery person, including any possible defenses she might have.