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Is the element of actus reus present? How? Does the defendant’s act reveal mens rea? Why or why not?
Anonymous10 views3 answers
Shelley(defendant)is charged with murdering her husband Toby. She states that she had not formerly thought of killing him but was compelled to do so under certain circumstances. She filed for divorce against him and they were staying separately for the past 2 months. On the day of the occurrence, she visited him to discuss certain matters with a view to settle the case mutually, but they broke into a fight. Toby started abusing Shelley, accusing her of having illicit relationships with other men.Enraged by accusations,Shelley picked up a kitchen knife & grappled with her husband for about 10 mins before she stabbed him. The entire incident was witnessed by her husband’s friend Dick, who made no attempt to stop her. Dick informed the police after the incident.
This question is obviously a homework assignment. That use of this site is inconsistent with the Terms of Use and Community Guidelines. It also may be viewed by your school as cheating, and no one here wants any part of that. You only get the value of an education when you do the work it requires.
Sounds like a law school exam question. Charges of both first degree murder and second degree are brought, the judge instructs the jury and it is a fact question for jurors to determine. Sounds like more of a classic case of 'heat of passion' where Shelley became enraged by Toby's accusations, and without the 'premeditation and deliberation' unique to first degree, Shelley, based just on the limited facts in the posting, would be more likely to be convicted on second degree.
So, to answer your questions, yes there is "actus reus" or the "guilty act" of Shelley's having stabbed Toby. However, as discussed above, the "mens rea" or mental state based solely on the limited facts in this posting, are more consistent with a second degree offense than a first degree offense.
My office handles personal injury and accident cases in Massachusetts and New Hampshire. If this is anything other than a hypothetical, do not post any facts on this or any other website. Do not speak to anyone other than a criminal defense attorney. The U.S. Constitution affords you the right to remain silent. Those who have followed my advice over the years to claim that right have done better than those who have ignored it.
Any law school professor or bar examiner worth their salt would have put the knife not in the kitchen but in Shelley's purse on her way over to Toby's place, then there is at least arguably a scintilla of premeditation.
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Michael R. CohenCriminal Defense AttorneyEau Claire, WI ·
Both previous answers are good. If this is a test question, you are cheating and you should hope no one finds out. If this is real, get a real lawyer involved now because you are dealing with a really serious situation.
