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Criminal Law – Week 3 Assignment

Shoulder Tap Crime

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:

California Criminal Jury Instructions

Your analysis should be a minimum of two pages in length and follow APA formatting and citation guidelines.