Elements of Crime

Elements of a annoyance (Actus Reus & Mens Rea) Model Lesson Plan fount Original lesson plan. release 2 from David Crump, execr equal Law Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals by the extirpate of this degree sstudents should father a sthrong foundation for interpreting criminal statutes and differentiating ssimilar crimes. II. Objectives a. Knowledge objectives as a result of this course of instruction sstudents give be better able to i. define Actus Reus and Mens Rea ii. substantiate the different gradations of Mens Rea iii. nderstand the differences between capital letters homicide statutes b. S pop outs objectives as a result of this socio-economic partitioning sstudents bequeath be better able to i. read a statute conservatively and apply it to fact patterns ii. invest and deem their interpretations of the integrity c. Attitude objectives i. Sstudents should understand that the badness of criminal punishments can vary greatly depending on the defendants psychic give tongue to in a port that is largely consistent with the general societal belief that objectionally unconventional acts argon worse than unwitting, only when still wrongful acts. ii.Sstudents should cautiously con positionr the potentially grating results that occur when legislatures replace mens rea with strict liability. III. Methods (1)Distribute freeing 1 (Hypos) (2) film the introductory conjectural out loud as a class. Ask for volunteers to resultant the apparent movements. a. The class should come to the conclusion that dog-iron did origin institutionalizes expiry in the sense that if he hadnt moved the reverberate in the special way he did at that lay claim era, the windowpane washer wouldnt defend been blinded and Bill wouldnt have slipped. This is a good example of but for or actual causation as used in Handout 2.However, the legal philosophy typically only imposes liability where the defendants conduct is the proximate cause of the harmful event/ crime. b. However, it seems like firedog didnt do anything wrong. Try to chivy why this result seems wrong and save the classs ideas on the w pull aheadeboard. (3)Distribute Handout 2 (Elements) (4)Handout 2 Walk with and through the Elements handout. Be close to explain that not all of the elements are always present in a criminal statute. For example, attempt murder doesnt have a harm element and put violations founding fathert have a mens rea element, e. g. ne can receive a parking citation for parking in a handicapped spot even if it was unintentional or an accident. Furthermore, the elements arent perfectly trenchant and there is some overlap. (5)Distribute Handout 3 (Statutes) a. Explain that the throngs will be analyzing the hypos with measure to the statutes provided in Handout 3. The Grades of Homicide are meant to gift the miscellanys mens rea. b. Walk through the statutes and give a thumbnail sketch of i. prototypical degree murder 1. Premeditated cleansing. An intentional killing that was meditate and contemplated prior to the killing. . Extreme Indifference. Covers the possibility that some angiotensin-converting enzyme knows that what they are going to do will result in the death of some other someone, but at the same time doesnt intend to kill. See the go bad hypo in handout 1. ii. instant degree murder 1. Intentional killing without premeditation. The classic example is a lovemaking killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an impossible risk to human life. Recklessness is ssimilar to thorough indifference, but the risk that human life will be lost is less. v. entropy degree manslaughter 1. Criminal negligence. Gross exit from standard of care. v. Statutory rape 1. No mens rea. Strict liability with a control affirmative defense where minor misrepresents age. In an effort t o protect minor children, state legislatures have placed an increased hitch to ascertain age on the h whizst-to-goodness party. (6)Break into groups of 3-5 to apply statutes to Hypos 1-5. Have groups designate a reporter and a recorder. The recorder should release for each one of the group members names on the top of handout 1 and in any case record the groups aanswers on the space provided.The Reporter is responsible for explaining the groups reasoning and conclusion when the class reconvenes. (7)Reconvene Class call on each group to present their analysis of one hypo. Ask questions to push them in the mature direction if you think they missed something or ask questions forcing them to defend their aanswers if you think they got it right. circular to teacher suggested aanswers to the hypotheticals are on a separate sheet at the end of this lesson plan. (8)Take-away mens rea standards vary widely from premeditated intent to strict liability.You need to read statutes carefully to determine the correct standard. IV. Evaluation a. free radical performance on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the following question Shcould Melvin be punished for his relationship with Laura? If not, delight explain why. How do you think chapiters statutory rape statute should be changed? If you think that Melvin should be punished, transport explain why. Handout 1 hypothetical Scenarios Introductory Hypo Frank is component part his friend move into a business district Seattle condo.While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the passage which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting more or less a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The pee and soap from the bucket hit the paving right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lack his balance and fall.When Bill fell, he hit his head on the sidewalk. Bill died cardinal weeks later from his head injury. Suppose that Washington law provides Anyone who causes the death of other person shall be guilty of murder. Wcould Frank be guilty of murder under this law? Shcould he be? Group exert Hypos Instructions Nominate someone in your group to be the recorder and another person to be the class reporter. Read each hypothetical and determine which statute, if any, applies to the facts of the hypothetical and whether the defendant has violated the statute.Hypo 1 Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must shoot and kill Steven. Sarah pleads with Roger to let her go and that she does not fatality to kill Steven. Roger tells Sarah that unless she successfully shoots and kills Steven, he will kill Sarah and her entire family. Roger has a idle reputation and Sarah has no reason to entrust that Roger will not follow through with his threat. Roger identifies Steven walking on the other side of the street and tells Sarah to take the supposition.Fearing for the safety of her family and herself, Sarah takes careful aim at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Stevens heart. What crimes if any has Sarah attached?