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Essay / Research Paper Abstract
This 3 page paper provides an overview of three questions regarding mens rea and criminal issues. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: MH11_MHCrimCase232.rtf
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Unformatted sample text from the term paper:
sleeping in the bed when she entered the room and fired the shots from her gun. She entered the home with the mens rea to commit murder, and her
actus reus was also committed with the intent to murder (Nolo, 2007). Just because Joe had the luck of not being in the bed at the time that she
attempted to murder him does not detract from either the intent or the action at the time that Maria entered the bedroom. It is likely that the defense
would argue that Maria never had the intention of killing Joe, but to threaten him and when she entered the bedroom in an angry state, decided to fire upon the
empty bed in an act of rage. The most likely argument made by the defense would define Marias actions external from the concept of murder. Maria, in fact,
never pointed the gun at Joe, never successfully threatened him, and instead simply fired the gun at his bed. Expanding this example, if Maria had walked to Joes
car, fired the gun and shot holes in his car, it would be unlikely that Maria would be charged with attempted murder, but instead destruction of property. The question
that is raised by this example, then, is what would make Marias actions when entering Joes bedroom a case of attempted murder instead of destruction of property. Because Maria entered
the home with a loaded fire arm in the middle of the night, went to his bedroom (the most likely place where Joe would be) and fired on the bed
where he should have been sleeping, it is likely that the prosecutor will be able to show mens rea and actus reus, the intent to commit the act and an
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