Homework answers / question archive /  In the following scenario, analyze misdemeanor and felony crimes in terms of their actus reas and mens rea elements

 In the following scenario, analyze misdemeanor and felony crimes in terms of their actus reas and mens rea elements

Law

Share With

 In the following scenario, analyze misdemeanor and felony crimes in terms of their actus reas and mens rea elements. Your answer should include the essential elements of the crime, using terms as they would apply to the scenario: reasonable doubt; actus reus and mens rea; concurrence, specific intent, scienter, intent, motive; true crimes and strict liability crimes; proximate cause and causation; and presumptions and inferences.

John Smith decides to go out to his regular Saturday night hangout, the local bar called Smitty’s. While at the bar, John consumes 8 beers and 6 shots of whiskey, over a 3 hour time period. He notices another “regular” at the bar. Her name is Candy. Candy, too, has consumed a lot of alcoholic beverages to the point in which her speech is slurred and her ability to walk a straight line is affected. John offers Candy a ride home. While driving home, John decides that he is in the mood for some female physical company. John turns onto a dirt road which is completely desolate. Candy attempts to get out of the truck but John holds onto Candy’s arm, then grabs some handcuffs from his door pocket and handcuffs Candy to the steering wheel. John parks his truck and begins to physically force Candy into having sex with him. Candy fights back because she does not want to have sex with John. John smacks Candy in the face a few times. Then, John hits Candy in the head with a hammer, knocks her unconscious, and proceeds to have sex with Candy. After John is finished, he attempts to wake Candy up but she is not responding. She has no pulse. John decides to poor gasoline on Candy’s body and sets it on fire.