1. How does the prosecutor prove mens rea? What role does motive play in proving or disproving mens rea?
Read Florida Statute 812.014(1)
2. Mary enters a clothing store. She is carrying a large diaper bag, and a purse while pushing her child in a stroller. While she is shopping, she hangs some of her clothing selections on the stroller handle while putting a bracelet that she picked out in the stroller storage underneath.
Mary checks out with the cashier, handing over the items hanging from the handle. She does not include the bracelet underneath.
As a prosecutor, what would you argue to prove the required mens rea for theft?
As a defense attorney, what would you argue to demonstrate that the mens rea did not exist?
(You may infer reasonable facts or testimony that is not listed here).
3. Spend about 10 minutes researching the Michelle Carter case involving the death of Roy Conrad.
What is the argument that she was the direct cause of Roy’s death?
What is the argument that she was not the direct cause of Roy’s death? Were there any intervening causes?
Do you agree with the verdict? Why or why not?
4. Karen is walking home late at night in a residential neighborhood when she is approached by a stranger who starts to threaten her and demands her wallet. Karen, afraid for her safety, pulls out a gun and shoots the stranger.
Would she be immune from prosecution under Florida’s Self-Defense statute? Why or why not?
Pick one other state and look up their self-defense law. Would Karen be immune from prosecution under their law?
