| The Captured Shoplifter 18.6 Kathleen, 17, is in record store. As she passes a rack of compact discs, she quickly slips one under her jacket. Thinking that one has noticed, she turns to leave the store. The store manager, however, was watching her on a closed-circuit television. As soon as she passes the cash register, he stops her, before she leaves the store. a. The store manager has several options. Rank the following in order of most reasonable to least reasonable: 1. The manager calls the police and jeeps Kathleen in his office until they come. 2. The manager tells an assistant manager to keep Kathleen in the back room until the police arrive. The assistant manager is called away on another task, and he ties Kathleen�s hands and feet together so she cannot run away. 3. The manager yells, �Stop, you thief� as he runs after Kathleen in the store, and he shouts at her as he walks her back to his office. Then he calls he parents and tells them he is taking her to the police station immediately. 4. The manager locks Kathleen in the storage room for seven hours, until he is ready to close the shop for the evening. Then he takes her to the police station. 5. The store manager tells his security guard to arrest Kathleen. The guard pulls a gun, takes her to the back of the store, and calls the police. b. Would any of these alternatives qualify as false imprisonment? If so, which ones and why? What should a shopkeeper do if he or she catches a shoplifter? Shelter for Street People 18.7 In order to prevent homeless citizens from freezing during the winter, Big Town passes an ordinance. It requires its social-service workers to pick up homeless street people whenever the nighttime temperature is predicted to fall below 35 degrees. The homeless people are then taken to a city shelter and provided food, clothing, and a bed. They are not allowed to leave until the next morning. Mr. Stobbs, a homeless person, believes the shelter is dangerous unsanitary. He also believes he has a right to live on the street. One night, he is taken to the shelter against his will. Later convinces a public-interest law firm in Big Town to help him sue the city for false imprisonment. a. What arguments can Mr. Stobbs make? b. What arguments can Big Town make? c. How would you decide this case? Explain how your decision best serves the public interest. d. Would your answer be different if Mr. Stobbs were mentally disturbed? What should happen then? The Malicious Interview 18.8 Orange J and Ice Pop were both singers in the group Brain Death. After they argued violently about what to wear during a concert, they decided to pursue solo careers, and the band broke up. A reporter from Top Hits magazine interviewed Orange J about the former band and particularly about Ice Pop�s music. The reporter knew that Orange J was bitter about the breakup of Brain Death. Based on the interview, Top Hits published a story about Ice Pop describing him as a second-rate musician who steals other artists� music. Although Ice Pop�s music may sound similar to that of other performers, he claims that his songs are all original compositions. He wants to sue the magazine. a. Is Ice Pop a public figure? b. Should the reporter have relied on Orange J�s information? c. What will Ice Pop have to prove to win a suit against Top Hits? d. What value will be protected if Ice Pop wins? What value will be protected if the magazine wins? e. How should this case be decided? Angry Father 18.9 On March 28, 1995, High O�Connor committed suicide by shooting himself in the head while high on cocaine. Hugh�s father, Carroll O�Connor, is a famous actor who used to plat Archie Bunker in a famous actor who used to play Archie Bunker in a hit television series. Carroll O� Connor blamed Harry Perzigian, the man he suspected of being Hugh O�Connor�s drug dealer (and who was in the fact convicted of furnishing cocaine to Hugh O�Connor and for possessing drugs), for his son�s death. An angry Carroll O�Connor verbally attacked Perzigian in highly publicized press appearances, calling Perzigian a �sleaze ball� staring that Perzigian �murdered� his son. Alleging that Perzigian �was a partner in murder, not accessory, a partner in murder�, admitting that �I want to harm him in the worst way in the world�He deserves harm,� and telling the public that �His name is Harry Perzigian, and he is as responsible for Hugh�s death as anything in the world.� After the comments, Perzigian claimed he was inundated with the hate mail and threatening phone calls and that he was distressed by constant fear of being harmed by O�Connor or one of his fans. Perzigian sued Carroll O�Connor for slander. a. Were O�Connor�s statements about Perzigian intended as facts or should they have been understood as exaggerated options? b. In what way was Perzigian reputation harmed? c. Could O�Connor have successfully defended against the suit by arguing that what he said was the truth (or protected opinion)? d. How should this case be decided? Give your reasons. |