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Objective : SWBAT determine when the felony murder rule can be used in a criminal prosecution

Objective : SWBAT determine when the felony murder rule can be used in a criminal prosecution Do Now. While John is in the process of robbing a person, his gun goes off accidentally and kills the person. He is charged with murder.

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Objective : SWBAT determine when the felony murder rule can be used in a criminal prosecution

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  1. Objective: SWBAT determine when the felony murder rule can be used in a criminal prosecutionDo Now While John is in the process of robbing a person, his gun goes off accidentally and kills the person. He is charged with murder. John defends himself in court by stating that he never intended to kill the person, just threaten him. Will John’s defense work? Explain.

  2. Objective: SWBAT determine when the felony murder rule can be used in a criminal prosecution No, the defense will most likely not hold. Under the felony murder rule, a person can be charged with murder if someone is killed during a felony i.e.) arson, rape, assault

  3. Objective: SWBAT determine if excessive force may prevent a defendant from effectively claiming self defenseDo Now Keith is punched in the face by a person after getting into an argument. Keith responds by taking out a knife and stabbing him multiple times, causing serious wounds. He is charged with aggravated assault. Can Keith claim self defense to his crime? Explain.

  4. Objective: SWBAT determine if excessive force may prevent a defendant from effectively claiming self defense Yes, Keith can claim self-defense. However, he will most likely lose because his actions would be considered excessive.

  5. Objective: SWBAT create an argument for and against the insanity defenseDo Now If a person commits a crime and uses the insanity defense, do they go free immediately?

  6. Objective: SWBAT create an argument for and against the insanity defenseDo Now No. The person will be sent to a mental health facility where they will receive treatment. After they have deemed fit for release, they will go to jail to serve out their sentence. *The oldest test for insanity in the US is the M’Naghten Rule

  7. Objective: SWBAT determine how the prima facie evidence rule can be used in a shoplifting caseDo Now Jenny is at Wal-Mart shopping when she slips an i-phone into her jacket. Security viewing the video cameras see the act. She continues to shop the store, buying items of low value. Before she leaves, security calls the police, and she is arrested for shoplifting. Jenny claims she was falsely accused because she never left the store with the merchandise. Is Jenny’s defense valid? Explain.

  8. Objective: SWBAT determine how the prima facie evidence rule can be used in a shoplifting case No, Jenny is not correct. In many states, concealment of an item is considered to be persuasive evidence of the intent to steal. This is known as the prima facie evidence rule.

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