Question: Scenario A A man loaded live and dummy shells into a shotgun. He then pointed it at his friend and said, Let's play Russian roulette.

Scenario A

A man loaded live and dummy shells into a shotgun. He then pointed it at his friend and said, "Let's play Russian roulette. Who's going to go first?" and pulled the trigger. The shot was a live round, and it killed his friend.

Scenario B

A police officer heard gunshots and saw people running. At the scene, the police officer and the defendant moved back and forth between cars while the defendant pointed a gun at the officer. When the defendant eventually put the gun down, it was found to be loaded. A "present ability" to carry out a threat was required.

Scenario C

A man walked into a bank and used another person's automated teller machine card to receive cash.

Scenario D

A woman tried to create a diversion so she could sneak into a public official's home during a party. She set fire to a pile of dry leaves, which in turn set fire to the official's house.

Instructions

  1. In separate paragraphs for each scenario, discuss
  2. What crime do you think would be most appropriate, and
  3. What mens rea requirement is required to be shown? Do you think it is proveable in this fact pattern?

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