PRIOR CASE: THE BAD SAMARITAN
In 1998, David Cash and Jeremy Strohmeyer were friends and 18 years old. They were hanging out at a casino on the California-Nevada border at 3:00 a.m. At one point, Jeremy entered a womens restroom at the casino. He entered a stall and struggled with a seven-year-old girl. Jeremy was nearly 6 feet tall, and the girl weighed 50 pounds. David entered behind him and tapped Jeremy on the head, knocking his hat off in an effort to get him to stop. He could not get Jeremy to stop, so he left the restroom.
About 30 minutes later, Jeremy reappeared and told David he molested and killed the girl. The victim was found stuffed into the toilet bowl about 5:00 a.m. By this time, the two boys had already left the scene.
Jeremy was ultimately caught and charged with murder, and David is now a sophomore at the University of California at Berkeley. David was not charged with a crime because he simply failed to come to the aid of the victim. He said, I have done nothing wrong. Most states do not require a witness to a crime to report it or offer aid.
A protest at Berkeley was organized in the hope of getting David expelled from the university, but the chancellor said there would be no expulsion because, although outrageous, his conduct violated no law. Many students ostracized David and would not talk to him, angered by his being in the position to save a life and choosing not to.
OUR CURRENT SCENARIO.
Jeff Smith and Dennis Money are friends and 21 year olds living in Florida in 2018. At about 2 am on a Saturday in June, 2018, the men were in the Dania Beach Casino celebrating their recent graduation from a local junior college. At some point, Jeff entered the ladies room at the casino. He saw a teenage girl (who was actually 13) in the bathroom. Jeff shoved her in the stall and raped her. Dennis came into the bathroom and saw his friend raping the girl and immediately left without trying to stop Jeff. Dennis did not report the crime. Later, the Dania Beach Police arrested both Jeff (for rape and murder of the teenage girl) and Dennis for failing to report the crime or assist the victim.
Our firm represents Dennis Money in his criminal case. You are the paralegal for the lead attorney on the case, Prof. Ross. These are her instructions to you.
First, research the Nevada Statutes to determine if there is any current law requiring an innocent bystander to report a crime (sexual battery) of a minor or offer aid based on the Cash/Strohmeyer case. In your response discuss your findings regarding Nevada Law (which is only persuasive here, not mandatory).
Second, research the Florida Statutes to determine if there is any law requiring an innocent bystander to report a crime (sexual battery) against a minor or offer aid. If there is such a law, identify the law and what it requires.
Third, analyze OUR CASE using the IRAC method.
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