1. If the law requires an intentional act to constitute a crime, can failing to act be a crime? What does the law say about Omissions to Act? Is there a duty to act for everyone in society? Give an example of when and how failing to act can be a crime.
2. Tom leaves for work at 5:00am every morning while it is still dark outside. Julie is distraught and angry at her husband and decides she is going to kill their young child. Julie places her child behind Tom’s tire at 4:30am. When Tom leave for work, he backs up and doesn’t see the child. The child dies.
Who is the factual cause of the child’s death? Explain your answer.
Who is the legal cause of the child’s death? Explain your answer.
Who would be charged with a crime in this example?
1. What is the “Choice of Evils” defense? List and describe the three elements required for this defense. Provide an example of a situation in which this defense might apply.
2. What is the Duress Defense? List and describe the three elements required for the duress defense. Provide an example of a situation in which this defense might apply.