"Shoulder Tap" Crime Analysis/American Laws

Nov 15th, 2014
Price: $30 USD

Question description

Most states make it a crime to purchase alcohol for a minor, sometimes called the shoulder tap crime, based on the typical manner a request by a minor for an adult to buy alcohol occurs. These crimes generally do not require proof that the defendant knew the person was underage.

·  Should the same strict liability apply to a host of a party that is attended by both adults and minors, where alcohol at the private party is furnished to both?

·  Should a host be able to offer evidence that he reasonably believed the minor was old enough to drink?

·  Would it help your case if the jurisdiction made such a defense available to bars and liquor stores that required buyers to provide proof of age?

Use the following case to help guide your analysis:http://www.justia.com/criminal/docs/calcrim/2900/2964.html, note the case In re Jennings, 95 P.3d 906 (Cal. 2004).

Your analysis should be a minimum of two pages, including a minimus of two references. 

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