Author Question: Compare and contrast the mens rea of homicide a common law and under the model penal code. What ... (Read 136 times)

SO00

  • Hero Member
  • *****
  • Posts: 568
Compare and contrast the mens rea of homicide a common law and under the model penal code.
 
  What will be an ideal response?

Question 2

Discuss the three standards used in determining death according to the Texas Health and Safety Code.
 
  What will be an ideal response?



tuate

  • Sr. Member
  • ****
  • Posts: 332
Answer to Question 1

Answer: The following must be in the answer:
a. Common law mens rea
i. Malice aforethought
1. Crimemurder
2. Model penal codepurposeful, knowing, and reckless with extreme indifference to the value of life.
ii. All other unexcused homicides
1. Crimemanslaughter
2. Model penal codereckless, except the extreme indifference standard for murder
iii. Not recognized at common law
1. Crimenegligence
2. Model penal codenegligence

Answer to Question 2

Answer: The following must be in the answer:
a. A person is dead, when according to ordinary standards of medical practice, there is irreversible cessation of the person's spontaneous respiratory and circulatory functions.
b. If artificial means of support preclude a determination that a person's spontaneous respiratory and circulatory functions have ceased, the person is dead when, in the announced opinion of a physician, according to ordinary standards of medical practice, there is irreversible cessation of all spontaneous brain function. Death occurs when the relevant functions cease.
c. Death must be pronounced before artificial means of supporting a person's respiratory and circulatory functions are terminated.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question


 

Did you know?

In women, pharmacodynamic differences include increased sensitivity to (and increased effectiveness of) beta-blockers, opioids, selective serotonin reuptake inhibitors, and typical antipsychotics.

Did you know?

In most climates, 8 to 10 glasses of water per day is recommended for adults. The best indicator for adequate fluid intake is frequent, clear urination.

Did you know?

The highest suicide rate in the United States is among people ages 65 years and older. Almost 15% of people in this age group commit suicide every year.

Did you know?

Vampire bats have a natural anticoagulant in their saliva that permits continuous bleeding after they painlessly open a wound with their incisors. This capillary blood does not cause any significant blood loss to their victims.

Did you know?

More than 20 million Americans cite use of marijuana within the past 30 days, according to the National Survey on Drug Use and Health (NSDUH). More than 8 million admit to using it almost every day.

For a complete list of videos, visit our video library