What is the “rule of lenity” (also known as, “the lenity doctrine”)? Summarize this rule and explain the context in which it applies. (1-2 sentences)

Consider the traditional common law crime of “heat of passion manslaughter” and its elements. Although an individual can be charged with this crime, it is also often raised as a defense to a charge of murder by a defendant hoping to be convicted of this lesser homicide offense. In such a case, how is “heat of passion manslaughter” like a justification defense? And how is it like an excuse defense?

Linda is driving drunk when her car hits Sally’s car. Linda is entirely at fault in the accident. Sally has a large wound on her abdomen from the accident and is taken to the hospital by ambulance. At the hospital Sally is given an antibiotic that she is extremely allergic to, even though the hospital’s records clearly note she has this drug allergy, and Sally also specifically noted it when she was admitted. Sally dies due to an allergic reaction to the antibiotic. Linda is charged with “vehicular homicide,” which includes “operating a motor vehicle while intoxicated, which causes the death of another.” If Linda is convicted of vehicular homicide, is her conviction likely to be upheld on appeal? Pick the best answer.

Albert is the leader of a local gang. The gang earns money by selling drugs, and all of its members agree to help in this regard. Brad and Carl are members of the gang, and both get caught selling drugs (after Albert tells them to sell at particular places). Dennis, who is also a member of the gang, is instructed by Albert to threaten a witness, who is expected to testify against Brad and Carl, that she had better not testify. Dennis does so. Brad and Carl did not request this threat and only learn about it later. Of what crime(s) can the four men lawfully be convicted under the traditional common law approach? Pick the best answer.

Lisa hates Katya and wants to kill her, though she has nothing against Katya’s husband, Jim. Lisa decides to kill Katya by blowing up her home. (Lisa likes to be dramatic.) Lisa plants a powerful bomb in Katya’s home and then waits for Katya to arrive home. After watching Katya and Jim walk into their home together around 9:00 p.m., Lisa sets off the bomb. It kills both Katya and Jim. It also kills their teenage son, Garth, who is in his bedroom working on homework at the time. Lisa knew that Katya and Jim had a son and realized that he might be home, but she didn’t know if he was actually home and did not try to find out if he was home because she didn’t care about him one way or another. As it turned out, there was also a burglar in the home, who had just broken in through the back door and was about to steal a family computer. The burglar was also killed in the blast.  Under the State’s traditional common-law definition of “murder” as the “intentional killing of another person without justification or excuse,” how many people has Lisa murdered?

Bill agrees to be hypnotized at the Christmas party hosted by his employer. While he is hypnotized, Bill strikes and injures one of his co-workers. Bill really despises the person whom he struck, and he laughs when he finds out afterward what happened.   “Assault” under the relevant provision of the Model Penal Code is defined as “purposely, knowingly, or recklessly causing bodily injury to another.” Can Bill be convicted of assault under the MPC? Pick the best answer.

 Which signs and symptoms support the nurse’s suspicion that a client has developed heat stroke? Select all that apply.

A nurse is preparing to administer 40 mEq of potassium chloride in 45% sodium chloride (NaCl) 500 mL IV to infuse 10 mEq/hr. The nurse should set the IV pump to deliver how many mL/hr? 

Place in OrderA nurse is assessing a patient after administering a dose of Penicillin. The patient has a hoarse voice, and swollen lips and tongue. In which order should the nurse take the following actions? List the numbers in the correct order of priority. __1__Administer IV antihistamines.__2___Administer IV epinephrine.__3___Apply high-flow oxygen.__4___Assess the client’s airway.__5___Call the emergency response team.__6___Initiate IV access.

 A nurse who is HIV positive and is now a client on a surgical unit the day after abdominal surgery asks a nurse colleague to keep her HIV status from the rest of the nursing staff. What is the unit nurse’s best response?