1. Defendant walked into a store and shot the store clerk several times. Defendant knew that he was killing his victim and knew that killing his victim was against the law but thought that the killing...

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1. Defendant walked into a store and shot the store clerk several times. Defendant knew that he was killing his victim and knew that killing his victim was against the law but thought that the killing was morally required because “God told him to do so.”


a. Can defendant be charged with a crime? Does he have any valid defenses? Explain.



2. Peter intended to kill his landlord but when he fired his gun, the gun misfired and wound up injuring Peter.


a. Can Peter be charged with a crime? Did he actually commit a bad act?



3. Thinking it will be funny to scare the drivers below, Smita drove her friends Samantha and James to a highway overpass, where they threw a frozen turkey onto the highway. A driver was seriously injured and almost died. All three claim that they never intended to hurt anyone and were not thinking through the consequences of their actions.


a. Can Samantha and James be criminally charged for an injury they did not intend? In other words, do they have the appropriate
mens rea
to be charged with a crime? Explain in detail.


b. Can Smita be charged with any crime for driving her friends to the highway overpass? Explain.



4. Jovian, a six-year old boy, was frustrated that his teacher criticized the picture he drew in front of the entire class. He came to school the following day and stabbed the teacher with a sharp instrument, causing significant injury to the teacher’s hand.


a. Did Jovian commit an assault?



5. Defendant is paid $1,000 to bring a deliver a small package to a liquor store each week. Defendant attempts to avoid looking in the package to see its contents each week. During his fourth delivery, police follow defendant, seize the package, open it, and find heroin inside. Defendant is charged with knowingly possessing an unlawful substance.


a. Can Defendant be charged with knowingly possessing an unlawful substance if he did not know what the package contained?



6. Jennifer was involved in an extremely violent and abusive relationship with Mark. Jennifer was never strong enough to defend herself against Mark and often wound up in the hospital as a result of his attacks. One night, when Mark was sleeping, Jennifer took a knife and killed him in order to prevent any further attacks.


a. Jennifer claims self-defense. Can she be charged with a crime? Does she have a valid defense? Explain.



7. Daphne decides to drive to her friend’s house for the weekend. On the way there, she has an epileptic seizure, loses control of the car, and hits a bystander walking in the sidewalk.


a. Does Daphne’s action constitute an
actus reus?


Answered 2 days AfterJun 20, 2022

Answer To: 1. Defendant walked into a store and shot the store clerk several times. Defendant knew that he was...

Jose answered on Jun 22 2022
90 Votes
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1. 1. Defendant walked into a store and shot the store clerk several times. Defendant knew that he was killing his victim and knew that killing his victim w
as against the law but thought that the killing was morally required because “God told him to do so.”
a. Can defendant be charged with a crime? Does he have any valid defenses? Explain
While analysing the case we can understand that the defendant has some mental problem, he shot the victim because God told him to do so, which means there is no valid reason and his mental state is not proper. Based on the facts in the case we can understand that defendant can be charged with an unlawful killing that is murder. As per the 18 U.S. Code § 1111 no on in the world has the right to take the life of a person (Tedesco 2021). People have to respect others and they have to protect the life of others. The defendant may be insane and he committed first degree of murder.
2. Peter intended to kill his landlord but when he fired his gun, the gun misfired and wound-up injuring Peter.
a. Can Peter be charged with a crime? Did he actually commit a bad act?
While analysing the case we can understand that it comes under the category of intent to kill. Intent to kill murders committed with premeditation are first-degree crimes; intent to kill murder committed without premeditation is a second-degree felony. Peter wants to kill his landlord, means his intention is not good and he want to take the life of another person (Downs et al 2022). From this it is clear that he committed a bad act.
3. 3. Thinking it will be funny to scare the drivers below, Smita drove her friends Samantha and James to a highway overpass, where they threw a frozen turkey onto the highway. A driver was seriously injured and almost died. All three claim that they never intended to hurt anyone and were not thinking through the consequences of their actions
a. Can Samantha and James be criminally charged for an injury they did not intend? In other words, do they have the appropriate mens rea to be charged with a crime? Explain in detail
Mens Rea is the most crucial component in...
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