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Walden University The Case of the Smith Family Shooting Discussion Paper

 

Reid, S. T. (2016). Criminal law: The essentials (3rd ed.). New York, NY: Oxford University Press. Chapter 4, “Defenses to Criminal Culpability” (pp. 70–88)Criminal Law: The Essentials, 3rd Edition by Reid, S. T. Copyright 2016 by Oxford University Press. Reprinted by permission of Oxford University Press via the Copyright Clearance Center

Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA: Sage Publications. Chapter 6, “Criminal Defenses: Justifications and Excuses” (pp. 113–154)Contemporary Criminal Law Concepts, Cases, and Controversies, 5th Edition by Lippman, M. Copyright 2018 by Sage Publications, Inc. Reprinted by permission of Sage Publications, Inc. via the Copyright Clearance Center.

Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA: Sage Publications. Chapter 8, “Justifications”“Self Defense” through the Section 3.04 box (p. 198)
“Defense of Others” (p. 216)
“Chapter Summary” (p. 245)Contemporary Criminal Law Concepts, Cases, and Controversies, 5th Edition by Lippman, M. Copyright 2018 by Sage Publications, Inc. Reprinted by permission of Sage Publications, Inc. via the Copyright Clearance Center.

Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA: Sage Publications. Chapter 9, “Excuses”“The Insanity Defense” through “The Right-Wrong Test” (pp. 247–249)
“The Irresistible Impulse Test” (p. 251)
“The Substantial Capacity Test” through “The Future of the Insanity Defense” (pp. 252–253)
“Diminished Capacity” (p. 258)
“Intoxication” through “Involuntary Intoxication” (pp. 260–261)Contemporary Criminal Law Concepts, Cases, and Controversies, 5th Edition by Lippman, M. Copyright 2018 by Sage Publications, Inc. Reprinted by permission of Sage Publications, Inc. via the Copyright Clearance Center.

Document: Criminal Justice Case Studies: Criminal Law, Week 3 (PDF)

Assignment: Classifications of Defense

Imagine a police detective investigating the crime of a young woman who severely maims an older man. The young woman does not explain why she stabbed the man; rather, she is in profound shock and remains silent. If the detective had no awareness of the signs of post-traumatic stress disorder, the detective might not have pursued a line of questioning leading to a revelation: the man had abused the young woman when she was a girl. The circumstance could lead to a plausible defense.

Criminal justice professionals must understand defense classifications in order to fulfill their roles. In this Assignment, you review scenarios for an applicable defense.

To prepare:

  • Read the Week 3 case studies found in the Criminal Justice Case Studies: Criminal Law, Week 3 document.
  • This Assignment requires you to apply your learning to all case studies in the document.

By Day 7 of Week 3

Write a 500- to 750-word paper that addresses the following for each of the five cases:

  • What is the actus reus, or the action that caused harm?
  • What is the mens rea, or the intent of the person who caused the harm? Be sure to discuss the level of mens rea (purposeful, knowing, reckless, and negligent) and explain how you came to this conclusion.
  • Is there concurrence? Did the actus reus and the mens rea occur together?
  • Which excusable or justifiable defense could be applied to this case? What information from the scenario led you to this conclusion?