Problem
Karen is an unsheltered (homeless) person who has been sleeping in a tent on the sidewalk in the Pico-Robertson neighborhood for the last three months. In that time, she has noticed that there is a first-floor apartment that has never had anyone coming or going.
At around 11:00 p.m. last Friday, looking for shelter from the never-ending rain, Karen went around to the back entrance of the apartment and broke a small window by the door and then unlocked the door. Karen called into the apartment before entering, but didn't hear anything. She then went into the apartment and set her 30-pound dog on the floor. The dog immediately ran into the next room and started growling at a young person who had been hiding in the apartment. The young person had a cardiac arrest and died.
The autopsy report shows that the young person was alive when the dog ran toward him and started growling, but that he had a pre-existing heart condition that made him uniquely sensitive to heart failure.
The prosecutor is considering bringing murder charges against Karen.
I. Define the mental states: (i) knowingly, (ii) recklessly, and (iii) negligently.
II. Of these three mental states, which one would fit the murder charge for Karen? Explain your reasoning.
III. Define proximate cause. Was Karen the proximate cause of death? Explain and be sure to address whether there are any intervening acts.
IV. What is the standard of proof in a criminal trial that must be shown for each element of the crime?