CJ309 Grantham University Shoulder Tap Crime Analysis

Criminal Law

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:

http://www.justia.com/criminal/docs/calcrim/2900/2964.html