First read and understand the 3 elements of a crime in chapter 4, General Features of a crime-Other features of a crime. (117-120 16th edition)
This board will not be a traditional essay, rather it will be how to respond appropriately to each scenario. See example below. Each scenario can be written in separate 4 paragraph responses. Be sure to follow the broad guidelines from the rubric-avoid use of “I” or first person narrative and be sure to cite your text.
Identify the Actus Reus in each scenario.
List and define the Mens rea elements that appropriately fit each scenario below as your text mentions.
Each scenario will contain at least 1 if not more elements from the 4 mens rea icons above. Explain those elements according to your text and then explain why those element(s) fits with that scenario. You can write these as 4 short responses if you prefer. Defend your answer-as you explain each element -be sure to show why those element(s) might fit this scenario the best. There is not necessarily a right or wrong answer, as long as it makes sense and you have explained and applied the terms. None of these scenarios would contain all 4 elements, as this would hold true for most crimes committed in a real world model.
Be sure to review the rubric before posting.
View this article for further explanation:
One of the 4 scenarios below will NOT contain any mens rea elements only a actus reus and a strict liability crime. Explain why this particular scenario is a strict liability crime and how the text defines this term.
1) Mao was charged with assault after he lost his temper in a restaurant. He felt the bill was unfair. He slammed his fist down on the table and a glass flew off, hitting a customer at the next table and cutting his cheek just below the eye.
2) Billy Bob was shooting target practice in his backyard with a 38 mm handgun. After the 4th time time he heard a loud scream coming from his neighbors house only 1/3 of a mile away from his backyard. The neighbor had been struck by a stray bullet from his gun. Billy Bob rushed her to the hospital where was treated for a serious leg wound that left her permanently handicapped.
3) Jolanda and Iman are arguing in the hall near the stairs. Jolanda has just found out that Iman has been cheating with Jolanda’s boyfriend for the past few months. Jolanda’s really angry so she punches Iman in the face as hard as she can. Iman falls backward down the stairs. When the paramedics came she is lying motionless on the bottom of the stairs. They cannot revive her. Jolanda feels really bad and tells the police she didn’t mean to hurt Iman badly or make her fall down the stairs.
4) Carmen comes to work one Tuesday feeling really sick. She’s recovering from a particularly bad flu and, after a few hours at work, she decides she needs to go home because she’s really tired. Carmen gets into her car and starts driving but she’s having a hard time focusing on the road because she’s so tired. Just as she was making a right turn on a red light she hit another vehicle on a protected left turn signal killing a young passenger.
