Criminal justice
A 16-year-old driving his mother’s car strikes another car and there is property damage to the car and minor injuries to the passengers of both the car struck and the passengers in the car driven by the 16-year-old. The state files charges against the mother under this statute. The allegations are that by allowing the child to operate the car negligently or recklessly, the mother vicariously shares that mens rea (of the child) and the actus reus is allowing the use of the car. This is both vicarious and strict liability. Make an argument that these charges should be dismissed OR are valid and, if convicted, the mother should be fined or incarcerated.
Questions 2, 3, 4, 5:
Here are the events for questions 2 through 5.
A. Paul calls Darren and Sindee to meet in private. When they meet, they discuss how bad the classrooms in Assaf are. Paul asks Darren and Sindee if they have any ideas about getting new classrooms for Assaf.
B. Darren has no ideas and wonders what they could do. Sindee says that we could do a fundraiser to overhaul the building. Paul has more direct ideas.
C. Paul asks Darren and Sindee if they will join in a plan to burn down the Assaf building.
D. Darren says he will think about it and get back to Paul. Sindee assumes that they are joking or “blowing off steam” and leaves the meeting.
E. Before Darren responds to Paul, Paul asks Tara if she will burn down Assaf with them.
F. Tara reports that she has access to lab rooms with flammable chemicals because of her DSL class and will start a fire to burn down Assaf.
G. Darren tells Paul that Tara will join in the effort to get a new classroom building by starting the fire. Darren further tells Paul about the plan and says that he will not set the fire but will maintain a watch from IBC to make sure they do not get caught and will recruit someone from campus security.
H. Sindee, thinking more about the discussion, is concerned and alerts campus security the local police. The fire never occurs because the police respond and arrest Paul, Darren, and Tara. Are they all equally involved and guilty? Answer the questions below.
For each of the four people / questions, answer which offender status (from this chapter only) each person achieved and what specific acts justify charging that person. Of the criminal roles of principal, co-conspirator, accomplice, and accessory, which roles did each play and which steps in the actions justify (by letter) along with one or two sentences of explanation for each listed person.
Q2. Paul
Q3. Darren
Q4. Sindee
Q5. Tara
