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Discussion

Brenda is 18 years old and facing charges of joyriding. Two weeks ago, Brenda was coming home from her last day of high school classes, when she saw a new Maserati parked in front of her apartment. The doors were unlocked and the keys were in the car. Never having driven a Maserati, Brenda impulsively got behind the wheel, and then drove around for about 15 minutes before leaving the car across the street from where she found it. At the time she got in the car, Brenda thought that it might belong to her cousin. Turns out, the car belonged to a neighbor who would like to bring criminal charges. As for Brenda, she was once stopped by the police for using cannabis in public and does not have any plans for after high school.

UnderCalifornia Vehicular Code sec. 10851(Links to an external site.), for the crime of joyriding, the prosecution must show beyond a reasonable doubt that either

2. The defendant drove someone else's vehicle without the owner's consent; AND
4. When the defendant drove the vehicle, (he/she) intended to deprive the owner of possession or ownership of the vehicle for any period of time;

OR

2. The defendant took someone else's vehicle without the owner's consent;
4. When the defendant took the vehicle, (he/she) intended to permanently deprive the owner of possession or ownership of the vehicle; AND
6. The vehicle was worth more than $950.

For this crime, a taking requires that the vehicle be moved for any distance, no matter how small. Even if the owner had allowed the defendant or someone else to take or drive the vehicle before, the jury may not conclude that the owner consented to the driving or taking based on that previous consent alone.

QUESTIONS

2. Compare themens reabetween the first AND second elements of joyriding listed above.[2 to 4sentences]
4. Compare theactus reusbetween the first AND second elements of joyriding listed above.[2 to 4sentences]
6. You are the prosecutor, would you charge Brenda with a misdemeanor or felony. Show that you recognize the difference between the two mens realisted above; the difference between felony and misdemeanor; address the harms that can come from joyriding; and, the rationales of punishment for someone like Brenda.[2 paragraphs]
8. No need to respond to a classmate.

Answer rating: 100% (QA)

Answer The mens rea or mental state required for the first element of joyriding involves the intent to deprive the owner of possession or ownership of ... View the full answer