Hypothetical questions from my criminology class?

Question

My professor gave us some hypothetical scenarios and I just want to know what you think.

(We're learning about mens rea and actuse rea)

1. A man, who has epilepsy, (not curable, but treatable) applies for a truck driving job and he does not mention that he has this disease on the application because he hasn't had a epileptic seizure in five years and his doctor does not require him to take any medicine. The man gets the job and one day on his shift, he starts getting an epileptic seizure and crashes the truck into a pedestrian. Is he criminally guilty? 
2. It's a warm winter in New York, where it ranges from 40-50 degrees (at least for this week). A couple plans to go to the mountains because it's so warm and when they get there, a snow storm approaches. They have no where to go and then they find a cabin. It's locked so they break in and they're safe. Turns out a policeman owns the cabin. But if they did not break in, they could've died. Did they commit a crime?

jack · Accepted Answer

1) the driver is negligent and criminally liable.  
2) The couple did commit a crime by breaking into the cabin.  Due to the circumstances, Almost every party involved should accept the danger as extenuating and accept monetary restitution for any damage.

Tyrone · Answer

1

Jon · Answer

1. How did the person involved get a driving licence? He drove knowing of the possibility of an epileptic attack, and he failed to inform the employer of an obviously relevant fact.

2. Probably not criminal, if at the time of breaking in they intended to contact and compensate the owner as soon as was practical. If so there was no intent to steal or to do damage without making restitution.

Ẩn danh · Answer

thats not a matter of opinion..if he hasnt had one in years...its not his place to tell u that he had them back in the day. The only thing i could see him being held accountable for is driving under the influence of anticonvulsants and not sayin anything

Spock (rhp) · Answer

1.  yes.  known hazard which he concealed from employer

2.  yes.  but the DA won't prosecute due to the life saving circumstances

Hypothetical questions from my criminology class?

5 Câu trả lời