ASSIGNMENT CHAPTER 8 CRIMES QUESTION 1

Gail drove her automobile after having had dinner and several drinks at a local restaurant. She fell asleep at the wheel and ran over and killed a pedestrian. Under the criminal law she was prosecuted for manslaughter.

She raised the defense that she did not intend to hurt anyone and because of the drinks and did not know what she was doing.

DISCUSS

Is this a valid defense? Why or why not?

DISCUSS

Manslaughter(elements) and why it would be the charge. What other charges could the government bring and why?

The pedestrian's family sued under Tort Law. What are their possible claims and discuss why.

Research Dram shop liability.

Discuss if the restaurant would have any liability.