10. One evening Dick and Mary went out to Mallie's Bar, After several hours of drinking Dick started quarreling with Mary. Dick pulled out his revolver and aimed it at Mary. Believing that the gun was unloaded he yelled out to Mary, if I did not love you I would kill you and he fired the gun. The bullet hit Mary and wounded her in the shoulder. Assume for this question that Dick was arrested and charged with battery. If Dick attempts to prove that he was so inebriated that he could not have formed a criminal attempt, this would constitute a A. good defenses, because battery is a specific intent crime. B. good defense, because intoxication is a valid defense. C. poor defenses because voluntary intoxication is not a defenses to battery. D. poor defense, because Dick believed the gun was unloaded. A. Some of the crimes you will be studying this week are assault and battery. As you know, there are also torts called assault and battery. The differences between the two types of assault are subtle. Draft a short fact pattern illustrating the crime of assault that would not be the tort of assault. Melonie walks into a bar with her friends for a girls' night out, and sees her boyfriend dancing suggestively with another woman. Enraged, Melonie runs over, grabs the other woman by the hair, and drags her to the ground, where they scuffle until Melonie's friends pull them apart. The police had already been called, and when they arrive a few minutes later, Melonie is arrested for simple assault. The crime Melonie committed is classified as a "simple" assault because she used no weapon, and her victim received only a few bruises and minor scratches. Melonie has committed a misdemeanor. B. In recent years, the definition of rape has evolved. Originally rape was defined as sexual intercourse without the woman's consent. Modernly the crime has become gender neutral, and in some jurisdictions the act must