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TANESHA Cjs220 Appendix B

TANESHA Cjs220 Appendix B

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Axia College Material

Appendix B Mens Rea and Defense
Directions
Read the seven case scenarios in Box 2.3 on p. 31 in The Courts in Our Criminal Justice System. Choose three of the seven case scenarios to answer. Then, indicate which bulleted case scenarios you selected (1-7). Determine whether the individuals possess mens rea; if yes, then what type (reckless negligence, culpable negligence, or felony-murder rule). If there is no mens rea, write None. Then, determine what type of general defense (if any) could be used. If no general defense is applicable, write “Other.” Briefly explain your rationale. Post this assignment as an attachment. 1st Case Scenario Bullet Point #

Mens Rea Y/N

Type of Mens Rea

Type of Defense

Rationale (50 to 75 words in length) The defendant was reckless yes, but she had no intent to kill her friend. It is hard to say what made her not roll the windows down if it was hot out. It would have been very easy for her to have forgotten once she got to work to roll down the windows, especially if she was using the air conditioner in the car. The defendant may not have been thinking at the time but her friend was a grown woman who obviously had too much to drink the night before, the cliet should not be held accountable for what happened. If it were a child it would have been a lot different.

3

Y

Reckless negligence

Mistake of fact

2nd Case Scenario Bullet Point # 6

Mens Rea Y/N

Type of Mens Rea FelonyMurder Rule

Type of Defense

Rationale (50 to 75 words in length) The only defense that would be somewhat appropriate is insanity. The subject must have been unstable in order to commit a crime as horrific as this.

Y

Insanity

CJS 220

because eI am sure if he would have stayed right there it would have never happened. I am sure the pain he endured after finding out what had happened was enough to teach him the lesson of not allowing people to get dropped off in places they are unsure of or don’t know. If the man had nothing to do with the robbery or the murder the only thing he could have done was not allowed her to walk away or not drive away.3rd Case Scenario Bullet Point # Mens Rea Y/N Type of Mens Rea Type of Defense Rationale (50 to 75 words in length) The man should not be held accountable because everything happened after he had pulled away. 7 N NONE NONE CJS 220 .

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