Common Law Mens Rea Self-Quiz
Because of a severe drought,
Valjean, local farmer, has not been able to produce any crops for three
straight seasons. Valjean and his family have depleted their own stores
of food and have no money with which to buy more. When Valjean’s
family begins to starve, he arms himself with a knife and goes out to
the main road. Valjean hides behind some bushes and waits for a pedestrian
to walk by. Soon, Javert, a wealthy businessman, comes by. Valjean jumps
from behind the bushes, holds the knife to Javert’s throat and demands
the money and valuables that Javert is carrying. Valjean takes what Javert
has, apologizes for having to do this and then disappears. If Valjean
is tried for robbing Javert, he will probably be:
|
Moe, Larry and Curley go
up to Moe's lodge for a weekend of hunting. After an afternoon spent chasing
deer, they get bored and decide to test their marksmanship. Moe, Larry
and Curley each agree to take turns putting an apple on their heads and
letting the other two try to shoot it off with a pistol. Moe puts the
apple on his head first and Curley takes the pistol, walks about fifteen
feet, turns and fires. Curley is not a very good shot and, instead of
hitting the apple, he accidentally shoots Moe between the eyes killing
him instantly. Since murder is a general intent crime, if the prosecution
wants to convict Curley for Moe's murder, he will have to prove:
|
Moe, Larry and Curley go
up to Moe’s lodge for a weekend of hunting. After an afternoon spent
chasing deer, they get bored and decide to test their marksmanship. Moe,
Larry and Curley each agree to take turns putting an apple on their heads
and letting the other two try to shoot it off with a pistol. Moe puts
the apple on his head first and Curley takes the pistol, walks about fifteen
feet, turns and fires. Curley is not a very good shot and, instead of
hitting the apple, he accidentally shoots Moe between the eyes killing
him instantly. Hypothetically, if murder is a specific intent crime and
the prosecution wants to convict Curley for Moe’s murder, he will
have to prove:
|
Moe, Larry and Curley go
up to Moe’s lodge for a weekend of hunting. After an afternoon spent
chasing deer, they get bored and decide to test their marksmanship. Moe,
Larry and Curley each agree to take turns putting an apple on their heads
and letting the other two try to shoot it off with a pistol. Moe puts
the apple on his head first and Curley takes the pistol, walks about fifteen
feet, turns and fires. Curley is not a very good shot and, instead of
hitting the apple, he accidentally shoots Moe between the eyes killing
him instantly. If the prosecution cannot prove that Curley intended to
fire the gun at Moe, Curley cannot be convicted of Moe’s murder:
|
The state legislature has
just passed a law making it a criminal offense for an adult male to engage
in sexual intercourse with a female under the age of eighteen. The law
clearly states that this is to be considered a strict liability crime.
One night, Brittany, a sixteen year old high school sophomore, uses a
fake identification to get into a bar where she meets Justin, a twenty-five
year old bartender. Brittany and Justin spend the night flirting and at
the end of Justin’s shift, they go back to his apartment and have
sex. Justin is charged with violating the state stature. If Justin can
prove that he had no idea Brittany was underage he can still be convicted
for violating the statute:
|
© 2003 - 2024 National Paralegal College