Exercise 10

In a bench trial for stalking, the magistrate judge hears evidence regarding 10 instances of late-night unidentified obscene phone calls, 2 instances of typed anonymous love letters left on the victim's car windshield and 5 instances of following the victim to, and actually attending, her meetings of Alcoholics Anonymous. At the close of the prosecution's case, defense counsel moves for a directed verdict of "not guilty" arguing that the prosecution failed to prove a "pattern of conduct" given the varied methods of stalking. The prosecution responds that despite the different methods, each method has the common thread of being pursued in order to cause the victim extreme fear.

How should the judge rule on the directed verdict motion?

A. Grant the motion because the diverse stalking methods cannot show a "pattern of conduct" as required for stalking.

Answer A is incorrect. A "pattern of conduct" does not refer exclusively to a single and unchanging type of action. Some cases do present a single method of pursuing a "pattern of conduct." However, stalking and harassment can also apply to diverse approaches and methods comprising a "pattern of conduct" as long as a common thread exists to tie the actions together. Please select another answer.

B. Deny the motion and proceed with the defense case because a "pattern of conduct" is not limited exclusively to a uniform, single method of action and therefore despite the diversity of methods used, when considered all together they perhaps show a "pattern of conduct."

Answer B is correct! A "pattern of conduct" does not refer exclusively to a single and unchanging method of stalking or harassing a person. Some cases do present a single method of pursuing a "pattern of conduct." However, stalking and harassment can also apply to diverse approaches and methods comprising a "pattern of conduct" as long as a common thread exists to tie the actions together.

C. Deny the motion, allow the defense to present its case and then turn the case over to the jury to decide whether a "pattern of conduct" of stalking has been proven.

Answer C is partly correct and partly incorrect. Denying the motion is correct because a "pattern of conduct" does not refer exclusively to a single and unchanging method of stalking or harassing a person. Some cases do present a single method of pursuing a "pattern of conduct." However, stalking and harassment can also apply to diverse approaches and methods comprising a "pattern of conduct" as long as a common thread exists to tie the actions together. However the answer incorrectly refers to the jury since the facts describe a bench trial, meaning the judge is the fact finder. Please select another answer.