Elements of Crime

Elements of a Crime (Actus Reus & Mens Rea) Model Lesson Plan Source lord lesson plan. Handout 2 from David Crump, Criminal Law Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals by the end of this class sstudents should feed a sthrong origin for reading criminal statutes and differentiating ssimilar crimes. II. Objectives a. Knowledge objectives as a force of this class sstudents will be break up able to i. define Actus Reus and Mens Rea ii. understand the different gradations of Mens Rea iii. nderstand the differences between Washingtons homicide statutes b. S bucks objectives as a result of this class sstudents will be better able to i. read a statute carefully and cod it to fact patterns ii. present and defend their interpretations of the law c. Attitude objectives i. Sstudents should understand that the severity of criminal punishments rotter start out greatly depending on the defendants mental state in a manner that is more often than not consistent with the general societal belief that intention ally wrongful acts are worse than unintentional, but notwithstanding wrongful acts. ii.Sstudents should carefully consider the potentially harsh results that occur when legislatures replace mens rea with nonindulgent obligation. III. Methods (1)Distribute Handout 1 (Hypos) (2)Read the introductory sodium thiosulphatethetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the refinement that Frank did cause Bills expiration in the sense that if he hadnt move the mirror in the particular way he did at that exact time, the window washer wouldnt have 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 law typically only imposes liability where the defendants conduct is the proximate cause of the harmful level offt/ crime. b. However, it seems like Frank didnt do any(prenominal)thing wrong. Try to e licit why this result seems wrong and write the classs ideas on the whiteboard. (3)Distribute Handout 2 (Elements) (4)Handout 2 Walk through the Elements handout. Be careful to explain that not 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. relieve that the groups will be analyzing the hypos with respect to the statutes provided in Handout 3. The Grades of Homicide are meant to demonstrate the changes mens rea. b. Walk through the statutes and perpetrate a thumbnail sketch of i. First degree murder 1. Premeditated killing. An intentional killing that was deliberate and contemplated preceding to the killing. . Extreme Indiffere nce. Covers the possibility that someone knows that what they are going to do will result in the death of other person, but at the same time doesnt intend to kill. See the bomb hypo in handout 1. ii. Second degree murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable run a risk to human life. Recklessness is ssimilar to extreme indifference, but the risk that human life will be alienated is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. Statutory scandalise 1. No mens rea. unmitigated liability with a limited affirmative defense where nonaged 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 render statutes to Hypos 1- 5. Have groups designate a reporter and a fipple pipe. The recorder should write each of the group members names on the top of handout 1 and also record the groups aanswers on the dummy 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 right rush if you think they missed something or ask questions forcing them to defend their aanswers if you think they got it right. Note 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. Group performance on scripted responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the costing question Shcould Melvin b e punished for his 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 basic Hypo Frank is helping his friend move into a downtown Seattle condo.While unloading a commodious mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street 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 street below. The water and gunk from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to time period before stepping on the slippery sidewalk, causing him to lose his balance and fall.When Bill fell, he hit his toss on the sidewalk. Bill died two weeks lat er from his head injury. Suppose that Washington law provides Anyone who causes the death of another person shall be guilty 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 violated the statute.Hypo 1 Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must dupe and kill Steven. Sarah pleads with Roger to let her go and that she does not want 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 lease at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Stevens heart. What crimes if any has Sarah committed?