Criminal exercise

Here is an assignment to reinforce some of the criminal law concepts. Show me what you’ve learned! 🙂 This assignment will be 2 points, as usual. This assignment is due Friday, but I would recommend working on it before the review session on Wednesday.

CRIMINAL EXERCISE

Frank drove his vehicle down to the supermarket. He knows that its is a bad habit, but he spent much of the drive cruising facebook on his iPhone. While driving, he hears a scream and looks up, seeing a pedestrian in his path. He swerves and misses the person, but did so with a police officer in sight.

The officer arrests him for attempted vehicular homicide.

RCW 436.X45.530
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Attempt Crimes.

(1) When an individual takes any action with the intent to commit the related crime, even if the crime did not occur or come to fruition.

RCW 46.31.53420
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Vehicular homicide.

(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:

(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502
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; or

(b) In a reckless manner; or

(c) With disregard for the safety of others.

(2) Vehicular homicide is a class A felony punishable under chapter 9A.20
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RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055
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.

Identify whether the criminal code has a mens rea component, what the actus rea component is.

Answer:

Will he be convicted?

Criminal Exercise #2 – Punishment

Frank takes a plea deal with the state and heads in for a sentencing hearing. At the sentencing hearing, the victim (the woman who was almost hit in the cross walk) attends. She pleads with the court, just as she did with the office and the prosecutor, to drop the charges. She knows Frank – he lives in her neighborhood, and provides free after school care for the neighborhood kids in case the parents are held up at work. On any given day, 5 or so parents can rely on their kids to have a safe place to be and a snack, allowing the parents a little freedom with their work schedules. The judge seems to ignore her, imposing a 4 year sentence and berating Frank for what could have caused a vehicle vs. pedestrian death.

What are the goals, risks, and benefits of this punishment?

What could have been a more “just” outcome?

Criminal Exercise #3

Crimes always need both an actus rea (a criminal action) and, for some crimes, also a mens rea (a criminal intent). Match up the following crimes as either having a mens rea component or not – and explain why (based on your idea of what the crime is).

RCW 9A.32.030
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Murder in the first degree.

(1) A person is guilty of murder in the first degree when:

(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or

Answer:

Criminal Exercise #4

John meets a girl at a friend’s party. They really hit it off, and find a bedroom and engage in sexual acts. The next day, the girls parents find out after reading text messages on their daughter’s phone, and call the policy. John is arrested. The police question him, asking whether he knew the girl was 15, even though he is 20. He said “no, not at all. I thought everyone at the party was in college.” He is charged with rape.

RCW 9A.44.079
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Rape of a child in the third degree.

(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Rape of a child in the third degree is a class C felony.

Answer: