Mens Rea and Defense

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Axia College Material
Appendix B

Mens Rea and Defense

Directions

Read the seven case scenarios in Box 2.3 on p. 31 in The Courts in Our Criminal Justice System. Choose three of the seven case scenarios to answer. Then, indicate which bulleted case scenarios you selected (1-7).

Determine whether the individuals possess mens rea; if yes, then what type (reckless negligence, culpable negligence, or felony-murder rule). If there is no mens rea, write None.

Then, determine what type of general defense (if any) could be used. If no general defense is applicable, write “Other.” Briefly explain your rationale.

Post this assignment as an attachment.

1st Case Scenario
Bullet Point #Mens Rea
Y / NType of Mens ReaType of DefenseRationale
(50 to 75 words in length)
2NCulpable negligenceOtherIn this scenario, there is no general type of defense that the man can use other than it was an accident. But it was a careless mistake and he should have been responsible enough to know not to play a game with a real gun. At the age of 21 he has no defense do justify what he did.

2nd Case Scenario Bullet Point #Mens Rea
Y / NType of Mens ReaType of DefenseRationale
(50 to 75 words in length)
3NReckless negligenceOtherThe woman did not intend to kill her friend by leaving her in the car. It was not the woman’s fault that her friend got drunk, she was just trying to help her by letting her sleep it off, but due to the irrational decision and not thinking of how hot the car could become could land her with some type of criminal charge.

3rd Case Scenario Bullet Point #Mens Rea
Y / NType of Mens ReaType of DefenseRationale
(50 to 75 words in length)
6YFelony-murder ruleOtherThere are many types of defense the shooter could use like Affirmative Criminal Defense, the Insanity defense, Intoxication, etc. But each of these defenses would be hard to prove when the situation of the prosecution was already in process towards the...
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