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Defendant (D) is out with his friends one night at a local bar. Several hours into the evening, D sees one of his friends in

  1. Defendant (D) is out with his friends one night at a local bar. Several hours into the evening, D sees one of his friends in an argument with another person (P) in the bar. Believing P is about hit his friend, D throws a beer bottle at P but misses and hits V (victim) who is next to P. The bottle strikes V in the face and hurts him badly. D is then arrested and charged with aggravated assault.D requests the case be dismissed because the prosecutor cannot prove all the elements of the crime because D did not specifically intend to hit V. Is D correct?Explain your answer fully including what the four elements of a crime are and how the facts of this case apply to the elements.

  1. V is brutally attacked one evening outside the front door of her home. As V is being attacked, she screams out for help to her neighbor who lives next door. The next-door neighbor hears her cries, looks out her window and sees the attack but just walks away from the window. V eventually dies from her injuries. A camera records the attack and also records the neighbor looking out her window and doing nothing. The neighbor is then arrested and charged for failing to help stop the attack on V.Has the neighbor committed a crime?Explain why or why not in detail based upon the lecture.

  1. D is driving down the street when he is stricken with an epileptic seizure.While in the middle of the seizure, his arm jerks back which causes his car to drive onto the curb killing a small child. D is aware of this medical condition and has had seizures while driving in the past.D is arrested and charged with vehicular manslaughter. D defends himself stating the jerking back of his arm was not within his control and therefore cannot be held responsible for this act. Can the prosecutor be successful in getting a conviction under these facts? Explain.

  1. D owns and runs a restaurant/bar in a local town. One night, an employee accidently sets a fire to some boxes in the basement which spreads to the main floor. Patrons begin to run for exits to escape the flames but many die from the fire because several emergency exits were chained and locked at the time in violation of local law. D has been charged with several counts of manslaughter and is convicted after trial.D appeals the convictions. Will he be successful?

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