1) Watch the videos, then answer these in a 150 word paragraph. What are the acts of a crime? What is the mens rea? Why is concurrent of the two critical to whether a crime has been committed? (Make sure you watch the Actus Reus video before answering this question.)
Write a helpful response to the students paragraph, stating how you agree and why followed by your opinion on the topic. keep it positive! 80 words min
Actus rea is the criminal act. The criminal act meaning that an action must be done in order for there to have been a crime. Actus rea also refers to the notion of a guilty act along with the conduct of the accused. Actus rea includes that the criminal act must be voluntary with no forms of coercion. Mens rea on the other hand refers to the criminal intent, also known as the guilty mind. Concurrence is critical because both need to be present in the act of crime. As stated in our textbook, â€œActs not generated by criminal intent do not constitute criminal conduct, and the intent to commit a crime, without action, does not constitute a crimeâ€ ( Hemmens 62). This leads to the statement in which criminal intent must push for the criminal act. Intent might refer to mental state of the person where as motive refers to the reason why an act was committed.
3) Watch the video first, then answer these in a 150 word paragraph. What is a justification defense? Give an example of a factual case where the justification defense might be argued on behalf of the suspect/defendant. You can find a real case or make up your own. But use an example to show your understanding of what a justification defense looks like.
Then define an excuse defense and give an example. How are “excuses” different from “justifications?”
4) Write a helpful response to the students paragraph, stating how you agree and why followed by your opinion on the topic. keep it positive! 80 words min
A justification defense is when “the defendant admits he or she is responsible for the act that occurred but claims under the circumstances, the act was not criminal” (Hemmens 65). An example of a case with an justification defense is Ethan Couch, A sixteen year old who killed 4 people in a drunk driving accident. Despite him claiming guilty, “Boyd sentenced Couch, described in testimony as a spoiled teen from a dysfunctional but wealthy family, to 10 yearsâ€ probation and intensive therapy”(Mitchell). He got this charge due to his excuse defense that he was to rich to know what he was doing is wrong. They even gave him being to rich to know what he is doing is wrong a name, it’s called ‘affluenza’. This may be one of the greatest justification defenses ever pulled off.
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