17 Sep Criminal DB
This week reading Criminal Law (12th Edition)
by Joel Samaha
· Chapter 5: “Defenses to Criminal Liability: Justifications,” Pages 180–184
· Chapter 11: “Crimes Against Property”
You will locate the statutory provisions that describe the actus reus and mens rea for one of the crimes against property that we are studying this week
You will conduct a search concerning the elements for one of the crimes against property that we have considered this week by entering search terms such as theft, larceny, robbery, embezzlement, receiving stolen property, arson, criminal mischief, burglary, criminal trespass, etc. Locate the statutory provision that lists the elements for the crime that you selected and click under the document. You might need to narrow your search by adding terms such as “elements” or “crime” into the “Search within result” box on the upper right-hand side of the page. Look through the items that are returned on your search until you find the statutory provision that lists the acts and intent for the crime you have selected. Since you should be familiarizing yourself with new terminology, you should be able to easily eliminate statutory provisions that are not related to the elements of the crime you are looking for. Don’t give up. Sometimes all you need to do is change to a different state. Copy and paste the statutory provisions you found into a Word document or other word processing program, so that you can use this to prepare your initial response. You do not need to copy anything but the specific statutory provisions related to the elements of the crime; so, for example, you do not need to copy anything you find below the History section. To complete the discussion you will do the following: · Read the statute · For your initial response, indicate the state statute you are reviewing, include a copy of the statute in your initial response, discuss the actus reus and mens rea necessary for the commission of the crime you selected, and briefly discuss how the statutory actus reus and mens rea differ from the elements of the crime you selected as illustrated in your textbook · For your responses to at least two other classmates, point out an area of the statute each student selected that is not very clear. Consider your responses in terms of what you are learning about the specific acts and levels of intent or culpability for particular crimes. Is there something that you believe is missing or might provide a defense attorney with an argument to get around the statutory provisions? You should compare the statute to what you are learning about the required actus reus and mens rea for various crimes against property for both common law and modern law
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