Lstd w 2

The following discussion comes from your Week 2 readings. Outside research to address these issues is required. Use the online library for additional sources of information and research. In addition, I recommend utilizing the Legal Studies Program Guide. There are two basic elements required for any crime: actus rea and mens rea. A crime must be the result of a voluntary act and it must have the evil intent at the time of the crime. This is established by looking at the state of mind of the offender at the time of the crime. Defenses to a crime can be justifications or excuses. A justification defense indicates that the act was criminal, but the actor was justified, while defenses of excuse indicate that the act was not a crime due to some extenuating circumstance. Read the following scenario and and answer its questions: Michelle has been angry with Charles for a very long time. She had threatened to kill Charles on a couple of occasions. One day, Michelle sees Charles standing on a street corner waiting to cross the street. There are several people standing around Charles, also waiting to cross. Michelle pulls out a gun and fires at Charles. The bullet grazes Charles’ arm, injuring him. However, the same bullet strikes and kills Rachel, who was unknown to Michelle. 1) Considering the ideas and concepts covered this week, what crime or crimes has Michelle committed? Explain your reasoning, especially with regard to actus rea, mens rea and corpus delicti. 2) Assume you are Michelle’s defense attorney, what might be some valid defenses that would assert on her behalf? Justify your reasons why.