Question
I have 10 questions and an not quite sure how to go about doing it. Can you please get me started so I know how
I have 10 questions and an not quite sure how to go about doing it. Can you please get me started so I know how to do?
* Review(2) fact patterns below to determine if criminal liability exists, accepting that the facts, as given, aretrue.Withoutargue\ing that a fact is "unlikely" or "not believable", take the facts as they are. Make any reasonable assumptions based on the facts, but do not alter the facts as given, butmust first identify all the generalelements of crime each one of the fact patterns.
* Evaluate the existence (or not) of each element. Tell why I have made your conclusions.If an element is present, tell (e.g., "In this fact pattern, Tom acted negligently."
Knowledge to Identify the General Elements of a Crime
1.Kelly just found out that her husband of ten years, Brian, has been having an affair with his secretary for the last year. Furious and filled with revenge, Kelly plots to kill Brian on New Year's Eve, after the company party.She obtains a form of cyanide from an on-line distributor and decides she will put it in his cognac nightcap when they return home for the evening.Kelly endures the party as Brian downs enough champagne to render him drunk.Kelly is left to drive her now passed-out husband home. On the way home, she dreams of what life will finally be like when he "gets his."About 5 minutes from their neighborhood, Kelly encounters a group of high school students who are throwing eggs at passing cars.The group targets her car and pummels the front windshield with eggs.Kelly cannot see, hits a rut in the road, loses control of the car, and slams into a tree on the side of the road.Brian is killed instantly in the crash, but Kelly survives.Assess Kelly's criminal culpability, if any.
2.While walking down an old rural two-lane road, Alex and Bob come upon Victor, obviously intoxicated, lying on railroad tracks running parallel to the road. Alex says to Bob, "Let him be.Don't touch him." But Bob drags the man from the tracks and onto the shoulder of the road.Alex and Bob go on their merry way.Ten minutes later, Victor crawls onto the roadway in front of an oncoming truck. The driver of the truck, is going the speed limit and talking on his cellphone with his hands-free device. Victor is struck and killed.Another ten minutes pass and a train barrels down the tracks.Discuss the criminal culpability of AlexandBob for Victor's death, if any.
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