Assignment:
1. Explain the execution-of-public-duty defense. When and by whom might such a defense be used?
2. Applying Florida's stand-your-ground law, would the defendants in this case be criminally liable for murder? D. Edley, a healthy 40-year-old man, shot and killed a 30-year-old man named Vic Tim with a handgun lawfully possessed. Vic Tim was pushing a shopping cart full of empty bottles and cans on a public street when killed.
Bulked up after years of weight training while in prison, Vic was muscular and imposing. He approached Edley on a crowded street, both hands on the cart, pushed Edley with the cart against a building, and said to him, "Kiss me or I will kill you." Edley shook his head no and Tim responded by growling and pushing the cart harder against his body. Edley shot and killed him.
3. Consider the difference between the reasonable people standard and how that may contrast with the subjective evaluation of the person who invokes a claim of self-defense. Give examples of how those differences may become obscure depending upon the facts and circumstances of a particular case (E.g., the man who claims self-defense against an opponent of like size, age, and physical characteristics, as contrasted with the 95 pound woman who is confronted by a 200 pound attacker.)
4. Timothy V. Oyer, a 42-year-old male, decided to jog in a municipal park near his home on a beautiful June day. After jogging three miles, he slowed to a walk to cool down.
During his walk he noticed a woman sitting under a tree not far from the sidewalk he was on. As he moved closer to her he was surprised to discover that she was not wearing any clothes above the waist. She appeared to be in her mid-20s and he found her attractive. As he neared her, she smiled at him and greeted him with a "hello." Then the following discussion occurred:
Timothy: It is a beautiful day.
Woman: Yes it is. You out running?
Timothy: Yes, not as far as I wanted. I am not in the shape I used to be.
Woman: Nonsense, you look great. I am the one that is out of shape.
Timothy: Are you kidding, you are beautiful with a body to match.
Woman: Sit down here. Take a break.
Timothy accepted the invitation to sit with her and they talked for 15 minutes. They discussed physical fitness and the weather, she laughed at his jokes, and she told him that he was a handsome man. At one point, she placed one of her legs on his shoulder in a demonstration of her flexibility.
After 15 minutes of conversation and flirting, she asked to see his penis. Stunned, Timothy responded, "Really?" She nodded and smiled. Timothy unzipped his pants and displayed his penis. At that moment police officers pulled up in a van, jumped out, and arrested Timothy for indecent exposure. He would later learn that the woman was paid to be part of a sting operation to catch sexual offenders.
Timothy has two criminal convictions in his record. While in college, at the age of 19, he was convicted of public indecency, fined $100, and sentenced to 10 days in jail. The jail time was suspended to probation. In this incident he was one of seven fraternity pledges who were caught by campus police running naked outside a sorority.
At the age of 31 he was convicted of public indecency for masturbating in the restroom of an adult bookstore. He was fined $500 and sentenced to 10 days in jail, which he served. He has been married to his wife for 18 years and he has worked as a data analyst for the same company for 13 years.
a. Applying the subjective test of entrapment to these facts, determine whether Timothy was entrapped. Fully explain your analysis and defend your conclusion.
b. Applying the objective test of entrapment to these facts, determine whether Timothy was entrapped. Fully explain your analysis and defend your conclusion.