4 Sample Essay Q2-2.docx

SAMPLE ESSAY QUESTION 2 (February 1996, Question 5, modified) Art and Bill agreed to kidnap Vickie and to make a ransom demand of her parents. Because he knew that Art had been convicted of a forcible sexual offense in the past, Bill insisted that Art agree that no harm would be inflicted on Vickie....

SAMPLE ESSAY QUESTION 2 (February 1996, Question 5, modified) Art and Bill agreed to kidnap Vickie and to make a ransom demand of her parents. Because he knew that Art had been convicted of a forcible sexual offense in the past, Bill insisted that Art agree that no harm would be inflicted on Vickie. Art assured Bill that he would not harm her. Art and Bill kidnapped Vickie, locked her in a room in Art's home, and communicated a $100,000 ransom demand to Vickie's parents. Her parents promptly contacted the police, who were unsuccessful in efforts to locate and rescue Vickie. Several days after the kidnapping, Art raped Vickie. Despondent over the confinement and mortified by the rape, Vickie killed herself only hours after the rape. Bill was not present and had no knowledge of the rape or suicide until Art told him that Vickie had killed herself shortly after Art had raped her. Art also told Bill that he was going to dispose of Vickie's body. Bill immediately turned himself in to the police. He then told the police: a) about the kidnapping in detail; b) what Art had said about the rape and suicide; and c) that Art had said he was going to dispose of Vickie's body. Police arrested Bill, went to Art's home where they found Vickie's body, and arrested Art. Based on the above facts: 1. On what theory or theories of liability might Bill be convicted of rape? Discuss. 2. Are Art and Bill, or either of them, guilty of the murder of Vickie? If so, is the offense first or second degree murder? Discuss.