Compare and contrast the mens rea of homicide a common law and ...

[SO00]

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]

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.

[SO00]

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