Elements of Crime

Elements of a Crime (Actus Reus & Mens Rea) modeling Lesson Plan Source Original lesson plan. outlet 2 from David Crump, Criminal rightfulness Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals by the end of this var. sstudents should have a sthrong foundation for discipline criminal statutes and differentiating ssimilar crimes. II. Objectives a. Knowledge objectives as a subject of this course of action sstudents leave al cardinal be better able to i. define Actus Reus and Mens Rea ii. witness the different gradations of Mens Rea iii. nderstand the differences betwixt Washingtons homicide statutes b. Skills objectives as a result of this class sstudents lead be better able to i. read a statute cautiously and apply it to fact patterns ii. benefaction and defend their interpretations of the law c. Attitude objectives i. Sstudents should understand that the severity of criminal punishments can vary greatly depending on the defendants mental s eparate in a manner that is generally consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. ii.Sstudents should carefully consider the potentially harsh results that occur when legislatures replace mens rea with strict financial obligation. III. Methods (1)Distribute Handout 1 (Hypos) (2)Read the opening hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the remnant that Frank did cause Bills destruction in the sense that if he hadnt moved the mirror in the particular way he did at that exact measure, the window washer wouldnt have been blinded and Bill wouldnt have slipped. This is a good exemplar of but for or actual causation as used in Handout 2.However, the law typically only imposes liability where the defendants conduct is the proximate cause of the termsful termination/ crime. b. However, it seems like Frank didnt do everything wrong. Try to elicit wherefore this result seems wrong and write the classs ideas on the w filmeboard. (3)Distribute Handout 2 (Elements) (4)Handout 2 Walk through the Elements spillage. Be careful to inform that non all of the elements are always present in a criminal statute. For example, attempted murder doesnt have a harm element and parking violations dont 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 discrete and there is some overlap. (5)Distribute Handout 3 (Statutes) a. rationalize that the groups will be analyzing the hypos with respect to the statutes provided in Handout 3. The Grades of Homicide are meant to contend the win overs mens rea. b. Walk through the statutes and give a thumbnail sketch of i. First phase murder 1. Premeditated killing. An intentional killing that was deliberate and contemplated prior to the killing. . tho roughgoing point Indifference. Covers the possibility that someone knows that what they are going to do will result in the death of another person, but at the same time doesnt intend to kill. See the bomb hypo in handout 1. ii. Second compass point murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the bite. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable risk to human life. Recklessness is ssimilar to extreme indifference, but the risk that human life will be upset is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. statutory rape 1. No mens rea. Strict liability with a limited optimistic defense where minor misrepresents age. In an effort to protect minor children, state legislatures have placed an increased burden to ascertain age on the older party. (6)Break into groups of 3-5 to apply statutes to Hyp os 1-5. Have groups designate a reporter and a recorder. The recorder should write each of the group members names on the discharge of handout 1 and also record the groups aanswers on the space provided.The Reporter is responsible for pardoning 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 right style if you think they missed something or ask questions forcing them to defend their aanswers if you think they got it right. strike out 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 pauperism to read statutes carefully to determine the correct standard. IV. Evaluation a. Group carrying into action on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the follo wing question Shcould Melvin be punished for his family relationship with Laura? If not, please explain why. How do you think Washingtons statutory rape statute should be changed? If you think that Melvin should be punished, please explain why. Handout 1 Hypothetical Scenarios Introductory Hypo Frank is component his friend move into a downtown Seattle condo.While unloading a sizeable mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th nucleotide of the skyscraper across the lane which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the highway below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall.When Bill fell, he hit his he ad on the sidewalk. Bill died two weeks later from his head injury. think that Washington law provides Anyone who causes the death of another person shall be culpable of murder. Wcould Frank be guilty of murder under this law? Shcould he be? Group Exercise 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 break 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 urgency 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 violent reputation and Sarah has no reason to believe 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 shot.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 committed?