Following a nonjury trial, held on December 22, 1992, Duane Mitchell (the defendant) was convicted of the criminal mischief . . . graded as a misdemeanor of the third degree. The defendant filed timely posttrial motions, which were denied, and the defendant was sentenced to pay a fine of $150. The Superior Court affirmed the trial court’s denial of the motions.

Facts

Following a report to the Upper Darby Police Department on Sunday, June 21, 1992, at 9:49 p.m., Lieutenant Michael Kenney and Officer Mark Manley of the Upper Darby Police Department proceeded to 7142 Stockley Road, Upper Darby, Pennsylvania. Upon arriving at the above location, both officers observed the following: painted on the front walk the word “nigger,” the letters “KKK,” and a cross painted under three dark marks; on each of the steps leading to the house was spray painted the word “nigger”; the front screen door had a painted cross with three marks above it; the patio was painted with the word “nigger” and a cross with three dark marks; the front walk had the word “nigger” and a cross with three dark marks; the front walk had the words “nigger get out” painted on it; the rear wall had painted the words “nigger get out or else” and a cross with the letters “KKK”; and the rear door had the words “KKK Jungle Fever Death”

and a cross painted on it......

1. State the elements of actus reus and mens rea as the Pennsylvania criminal mischief statute defines them.

2. List the facts relevant to each of the elements.

3. Assume you’re Duane Mitchell’s lawyer and argue that the facts don’t prove the elements beyond a reasonable doubt.

4. Assume you’re the state’s prosecutor and argue that the facts prove the elements beyond a reasonable doubt.