CRIMINAL EXERCISE #1

Frank drove his vehicle down to the supermarket. He knows that its is a bad habit, but he spent much of the drive cruising Facebookon his iPhone. While driving, he hears a scream and looks up, seeing a pedestrian in his path. He tries to swerve, but hits the person. The person is rushed to the hospital, but dies that evening from their injuries.

Frank is arrested for vehicular homicide.

RCW46.31.53

Vehicular homicide.

(1) When the death of any person occurs within three weeks as a proximate result of injury caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle and intended to harm the victim

Identify if RCW 46.31.53 requires a mens rea.

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Will Frank be convicted?

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CRIMINAL EXERCISE #2 - Punishment

Frank takes a plea deal with the state and heads in for a sentencing hearing. At the sentencing hearing, the victim's family attends. They plead with the court to drop the charges. They tell the court that, despite the sadness that have over their loss, that Frank would never have meant to hit her - it was an accident. They know Frank well - he lives in their neighborhood, and provides free after school care for the neighborhood kids in case the parents are held up at work. On any given day, 5 or so parents can rely on their kids to have a safe place to be and a snack, allowing the parents a little freedom with their work schedules. The judge seems to ignore her, imposing a 14 year sentence and berating Frank for causing the death.

What are the goals, risks, and benefits of this punishment?

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What could have been a more "just" outcome?

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CRIMINAL EXERCISE #3

John meets a girl at a friend's party. They hit it off, and find a bedroom and engage in sexual acts. The next day, the girls parents find out after reading text messages on their daughter's phone, and call the police. John is immediately arrested. The police question him, asking whether he knew the girl was 15, even though he is 20. He said "no, not at all. I thought everyone at the party was in college." He is charged with rape.

RCW9A.44.079

Rape of a child in the third degree.

(1) A person is guilty of rape of a child in the third degree when the person engages in sexual acts with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Rape of a child in the third degree is a class C felony.

Will he be convicted? Why or why not?

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