1. Create a scenario in which criminal liability cannot be assigned due to a lack of concurrence. Explain the mens reaand actus reus requirements for the crime in your example and explain how concurrence is lacking. Thomas- a 24-year-old man who has recently become unemployed and does not have the means to pay his rent, which leads him to move in with is older brother Will. Thomas has lived with Will for two months now and everything is going great. The two brothers get along fine and quite enjoy each others' company seeing as Will has lived alone for some time now. Since moving in with his brother Thomas has learned of Wills' routine, which is to get drunk after work on Fridays. Thomas has no problem with this happening and often joins Will. This Friday night both men have a good buzz going and are just sharing some jokes between them. Somewhere a mist the laughing Will ask Thomas when he will get a job; Thomas interprets the statement wrong and takes offense to the question. Thomas gets on the defense and starts questioning Will about his life, at this point Will is done with the conversation and tells Thomas to shut up but that causes Thomas to become angrier as he feels that Will is treating him like a kid. Thomas stands, ready to fight and commands his brother to fight him. After a few minutes Will gets tired of hearing Thomas and stands as well; he tells Thomas to shut up for the last time and warns him that if he doesn't, he will punch Thomas in the face. Thomas. thinking he can stand his ground tells Will to do it and then Will sends one swift punch to Thomas face which causes him to stagger and fall back. Thomas is unable to gain his balance and hits his head on the corner of the glass coffee table before landing on the floor. The blow to Thomas head immediately causes a crack in his skull and a brain bled to form. Will thinks Thomas has passed out from the hit and beer so he goes back to drinking before he himself crashes in his room. The next morning Will wakes to Thomas still asleep on the floor after unsuccessful waking him Will calls the paramedic who informs him that Thomas died from a brain injury. In this specific scenario Will is not criminal liable because mens rea is missing since Will didn't have the intent to kill Thomas