Author Question: Compare and contrast the mens rea of homicide a common law and under the model penal code. What ... (Read 179 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?

Asthma-like symptoms were first recorded about 3,500 years ago in Egypt. The first manuscript specifically written about asthma was in the year 1190, describing a condition characterized by sudden breathlessness. The treatments listed in this manuscript include chicken soup, herbs, and sexual abstinence.

Did you know?

More than 50% of American adults have oral herpes, which is commonly known as "cold sores" or "fever blisters." The herpes virus can be active on the skin surface without showing any signs or causing any symptoms.

Did you know?

Side effects from substance abuse include nausea, dehydration, reduced productivitiy, and dependence. Though these effects usually worsen over time, the constant need for the substance often overcomes rational thinking.

Did you know?

If you use artificial sweeteners, such as cyclamates, your eyes may be more sensitive to light. Other factors that will make your eyes more sensitive to light include use of antibiotics, oral contraceptives, hypertension medications, diuretics, and antidiabetic medications.

Did you know?

The word drug comes from the Dutch word droog (meaning "dry"). For centuries, most drugs came from dried plants, hence the name.

For a complete list of videos, visit our video library