criminal law questions 5
Please answer each of the following questions clear and concisely. No Plagiarism!
1. The central issue in The Bystander revolves around the elements of criminal liability and, in particular, actus reus. Explain your choices in this scenario by addressing the following questions.What is the concept of a voluntary act, and why is it so important to criminal law? Do you think Tomâ€™s act was voluntary? Why or why not? Here is the scenario:
.Chris and Tom spend all evening drinking at a bar. Chris is drunk by the time they leave the bar. As the men leave, they see a woman walking down an alley and follow her. Chris grabs the woman and begins to sexually assault her. Tom does nothing to the woman nor does he stop Chris. After a few moments, Tom leaves Chris with the woman in the alley. Chris abandons the woman in the alley after assaulting her. Some bar patrons find her later that night and take her to the hospital, from where she reports the crime. Chris and Tom are soon arrested.
2. How are status, criminal omissions, and possession related to the voluntary act requirement of criminal liability? Explain using examples from this scenario.
3. The central issue in States of Mind revolves around the concepts of mens rea, concurrence, and causation as elements of criminal liability. Explain your choices in this scenario by addressing the following questions.What are the different states of mind that qualify as mens rea for criminal liability? How do these relate to the concepts of concurrence and causation?
4. How might a suspectâ€™s ignorance and mistakes create a reasonable doubt that the prosecution has proved criminal intent?
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