1/27/09 BR- ______ is (criminal intent) - the guilty thought or mind. Today:

Material Circumstances Also known as “aggravating circumstances”, these are factors that make the crime more serious Such as..

In Groups 1.Appoint a writer and a speaker and a timekeeper 2.You will see two legal scenarios 3.For each scenario, decide what is the actus reus, mens rea, causal link, and any material circumstances 4.Be prepared to discuss your findings

Scenario 1 Frank and Joe plan to shoot a rival member of a gang as he sits on his front steps. They know that the gang member sits on his steps after dinner (between 6 and 7:30 PM.) They decide they will do it on Tuesday night since fewer people will be around. Tuesday, at 6:46 PM Joe fires 12 shots as Frank drives their car past the rival gang member ’ s house. The gang member is killed along with his friend and 6 year old sister who was playing on the sidewalk at the time of the shooting.

Scenario 2 Paul is sitting at a bar with his new wife Paula watching a hockey game. Because he has to work in the morning Paul isn ’ t drinking. His wife on the other hand has had a few martinis. Over the last hour or so Paula has mentioned that she thinks that the guy at the end of the bar is looking at her unnecessarily. She begins to suggest that Paul should go tell him to stop looking at her. She even says, “ why won ’ t you protect me? ” Time passes and the game ends. Paula drinks another martini. At this point, Paula shouts to the man, “ What are you looking at?! ” The bartender comes over and says to Paul and Paula, “ Don ’ t mess with him. That ’ s Big Jim Mackenzie and he ’ s a former Green Beret and Special Ops soldier. He ’ s also a master of seven types of martial arts and was a champion in the Ultimate Death Fighting Tournament. He ’ s also been drinkin ’ since the start of the game. He ’ s probably in a bad mood because the Blackhawks lost. ” Paula says, “ I don ’ t care. He ’ s looking at me like a pervert. Paul do something. ” Paul slowly walks over to Big Jim and sits down beside him and says, “ Hey, I need you to stop looking at my wife. ” Big Jim pounds the rest of his beer and says to Paul, “ I ’ m no looking at your wife, I ’ m looking at the TV above her. Now, scram pip- squeak before I pound you. ” Paula shouts, “ Pip-squeak! Are you going to let him say that to you Paul? Do something! ” Paul (who is about 5 feet 9 inches tall, 167 pounds) glares at Big Jim (6 feet 6 inches tall, 285 pounds) and says, “ Hey, you can ’ t talk to me like that. I have a mind to go get my baseball bat and come back here and teach you not to be so rude big guy. ” Big Jim laughs. The two men stare at each other for a moment and suddenly Paul stands up. Big Jim reacts immediately striking out at Paul, hitting him in the face. Due to weak bones (a condition Paul has had since a childhood illness) and a perfect placed “ cobra strike ” the blow shatters the nasal bones of Paul ’ s skull and drives jagged shards into his brain, killing him instantly. Paul drops to the floor. Paula runs to him and realizes that he is dead. Big Jim turns to Paula and says, “ Maybe you need a lesson too. ” As he reaches for her, Paula pulls a small caliber revolver from her purse and fires at Big Jim. Big Jim is not killed but seriously wounded and never regains the full use of his right arm.

Exit Slip Imagine that you are a prosecuting attorney assigned to a case. How would you use the elements of a crime to decide what to charge the defendant with?