Question

Business law class

Answer by using IRAC method.

1. What two elements must exist before a person can be held liable for a crime?

2. What defenses might be raised by criminal defendants to avoid liability for criminal acts?

3. John Law, a local police officer, is sitting outside an AM/PM around Midnight. He is eating a protein bar and drinking an energy drink when he observed a man walking up to the entrance of the AM/PM. The man then walked away from the entrance and met up with another individual on a street corner while repeatedly walking up and down the same street. The men would periodically peer into the AM/PM window and then talk some more. The men also spoke to a third man whom they eventually followed up the street. The officer believed that the men were “casing” the store for a potential robbery. The officer decided to approach the men for questioning, and given the nature of the behavior the officer decided to perform a quick search of the men before questioning. A quick frisking of one of the men, Jake, produced a concealed weapon and Jake was charged with carrying a concealed weapon, a felony.

Jake, hires a lawyer and fights the charges against him. He believes that his greatest argument is that the officer did not have probably cause to search and seize the firearm. Do you agree or disagree? Within your answer, please discuss whether the search was lawful or unlawful. In other words, did the search violate Jake’s 4^th Amendment rights?

Answer 1

Answering the first question as per Chegg Guidelines:

1. To convict an accused and consider him or her liable for crime, it is important that the existence of the following aspects is proved:

• Actus Rea: It is nothing but a guilty act. The act which leads to a crime to another entity is known as Actus Rea. Actus Rea comprises the physical action which executed the crime.
• Mens Rea: It is all about the guilty mind. For an act to be considered as a crime, there must be an intention which drives the crime. This is Mens Rea. Mens Rea is the cause for which the crime has been conducted.