Read the fact pattern provided.
Read the Answer Instructions below. to an external site.
Respond as directed in the Answer Instructions.
FACT PATTERN:
Police suspect that Vic is selling drugs, but they do not have sufficient evidence for an arrest or search warrant. Two officers go to Vic’s house and knock on his door, intending to ask him some questions. Donna answers the door and says that “no one else is home.” One officer immediately hears moaning in the house and pushes past Donna to go inside. The police see Vic on the floor next to a bag of heroin, a needle syringe, and a ledger. Donna then says she “found Vic like this but was scared to call for help.” Vic dies before medical help arrives.
Donna is arrested. In the patrol car, she says, without prompting, that she “only delivered the heroin and did not intend for Vic to overdose.” She also says she heard voices telling her what to do.
At the police station, a detective informs Donna of her constitutional rights, and Donna agrees to talk to the police. The detective asks Donna about ledger entries showing that she delivered heroin to Vic and that he owed her a lot of money. Donna says that “Vic did not always pay for the drugs” she delivered. The detective presses for details, but Donna then says she “would rather not talk about it.” The detective keeps asking, and Donna says that “no one steals from me and gets away with it.” Donna then starts rocking in her chair and arguing with invisible people.
An autopsy later shows that Vic died from a heroin overdose and that he had marks on his wrists indicating his hands had been tied together recently. Donna’s fingerprints are the only fingerprints found on the syringe.
The newspaper reports that a defense attorney was hired by an anonymous donor to represent Donna. The attorney said he would get a million dollar “bonus” if Donna were acquitted.
Discuss the potential charges against Donna related to Vic’s death; her potential defenses raised by the facts; and, substantive pretrial motions that the defense might file, explaining the grounds and the State’s likely responses. Also discuss the ethical considerations arising from the defense attorney’s offer to represent Donna.
ANSWER INSTRUCTIONS:
Questions should be answered in accordance with applicable Florida law in force at the time of examination.
Acceptable Essay Answer
Analysis of the Problem – The answer should demonstrate your ability to analyze the question and correctly identify the issues of law presented. The answer should demonstrate your ability to articulate, classify and answer the problem presented. A broad general statement of law indicates an inability to single out a legal issue and apply the law to its solution.
Knowledge of the Law – The answer should demonstrate your knowledge of legal rules and principles and your ability to state them accurately on the examination as they relate to the issue presented by the question. The legal principles and rules governing the issues presented by the question should be stated concisely and succinctly without undue elaboration.
Application and Reasoning – The answer should demonstrate your capacity to reason logically by applying the appropriate rule or principle of law to the facts of the question as a step in reaching a conclusion. This involves making a correct preliminary determination as to which of the facts given in the question are legally important and which, if any, are legally irrelevant insofar as the applicable rule or principle is concerned. The line of reasoning adopted by you should be clear and consistent, without gaps or digressions.
Style – The answer should be written in a clear, concise expository style with attention to organization and conformity with grammatical rules.
Conclusion – If the question calls for a specific conclusion or result, the conclusion should clearly appear at the end of the answer, stated concisely without undue elaboration or equivocation. An answer which consists entirely of conclusions, unsupported by statements or discussion of the rules or reasoning on which they are based, is entitled to little credit.
Suggestions • Do not anticipate trick questions or attempt to read in hidden meanings or facts not clearly expressed by the questions. • Read and analyze the question carefully before commencing your answer. • Think through to your conclusion before writing your opinion. • Avoid answers setting forth extensive discussions of the law involved or the historical basis for the law. • When the question is sufficiently answered, stop.
