1-A non-Miccosukee Indian man (Henry Simons) is arrested by U.S. federal agents on Miccosukee Indian land for attending an illegal dog fight. Mr. Simons appeals his conviction stating that the federal government does not have jurisdiction? Using Florida state and/or Eleventh Circuit Federal Court case law discuss the likely outcome of Mr. Simons’ argument.
2-Teresa Holmes was on her way home from the grocery store purchasing milk and cereal formula for her toddler but decided to sit on a park bench at a playground to catch her breath. Within a few minutes she noticed a toddler in a stroller who was crying incessantly. The toddler’s mother was asking for milk, as she had forgotten her baby’s bag at home. She asks Teresa, and Teresa says, “I’m not giving your baby any of the milk I just purchased.” Within a few minutes the toddler stops crying when a woman yells, “Oh my, he is not breathing, he needs to be fed immediately.” Teresa remains unwilling to provide any assistance and the toddler passes away. The police arrive and arrest Teresa Holmes, charging her with neglect. Using Florida state statutes and Florida state criminal case law, draft a legal argument as either the prosecution OR the defense:
- Prosecutor. Teresa Holmes is guilty of negligence.
- Defense. Teresa Holmes is not guilty of negligence.
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