Question
Knowledge to Identify the General Elements of a Crime I am not sure how to start this homework. Can I please get some help? *
Knowledge to Identify the General Elements of a Crime
I am not sure how to start this homework. Can I please get some help?
* Review(3) fact patterns to determine if criminal liability exists.Accept that the facts, as given, aretrue.I am not toargue that a fact is "unlikely" or "not believable."
* Simply take the facts as they are. I canmake 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.
* Then, evaluate the existence (or not) of each element. I must tell why I have made your conclusions.If an element is present, tell (e.g., "In this fact pattern, Tom acted negligently."
1.Claire and her sorority sister, Amanda, took a day trip to Nogales, Mexico. They spent the day shopping.Before finally heading home, they stopped in a local Nogales cantina for a late lunch. Inside, they met Mike and Tanner, two fraternity brothers from the University of Arizona.The four of them had great conversation and left the restaurant to walk together towards the border crossing area.Tanner stopped in one last store and bought a chair for his dorm room.Because the chair was so bulky, he asked Claire to carry his daypack for him.She obliged.As the four of them crossed through the inspection lines, Claire was detained.When they searched the daypack she was carrying, they found several bags of heroin and other narcotics paraphernalia.The initials on the bag read "CTA" and the U of A student identification inside the front pocket had a picture of Tanner, with the name "Charles Tanner Adams" on it.Assess Claire's criminal culpability, if any.
2.Lydia, age 20, just finished her last exam of the semester. She pulled an all-nighter studying and packing her car so she could leave as soon as she finished.She faced a seven-hour drive home.Lydia stopped for gas and a strong cup of coffee.Three hours into the drive, Lydia grew quite weary and was having a difficult time keeping her eyes open.She turned the air conditioning on as high and cold as it would go.She also streamed her "workout" playlist with upbeat songs from Spotify.She sang along and kept the beat on the steering wheel. Unfortunately, that playlist ran out and a slow song came on. Lydia dozed off at the wheel.Her car crossed the center-line and struck another car, killing the driver.Lydia survived.Assess Lydia's criminal culpability, if any.
3.Tommy (age 35) went to visit older brother, Ed (age 40), an avid hunter, at Ed's new cabin. Tommy was looking at Edward's new rifle when he pointed it at Ed and said, "Make me some dinner, Bro, or you're a goner."The rifle fired, striking Ed in the head and killing him. Tommy said that the trigger just "slipped off his finger" and the rifle fired.Tommy further told the police that he did not mean for the gun to go off. He said he was just goofing around and he did not intend to hurt Ed.He insists it was just an accident.Assess Tommy's criminal culpability, if any.
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