Gwenyth P. is a working mother of two. Monday, after returning from a weekend trip to Paris, she is running late for work. She tried to feed her children kale for breakfast; they revolted. So they missed the school bus, which caused Gwenyth to have to drive them to school. After drop-off and while driving to work, she was texting her good friend Jennifer A. about a recent Hollywood divorce when, as a result of not paying attention, Gwenyth fails to see a stop sign and runs it. An officer sees the violation and stops her and issues her a citation.
(1) What would a fair punishment be based on the nature of her conduct/act? Should she be subject to possible incarceration based on the nature of the act or just a fine? Why?
Now, suppose while Gwenyth is texting and driving, and running the stop sign, Brad P. is legally walking in the cross-walk on his way to his divorce lawyer's office when he is struck by Ms. P's vehicle. Brad is instantly killed. Gwenyth was traveling just slightly over the speed limit at the time of the accident.
(2) Should Gwenyth be subject to criminal prosecution or just civil liability? Why? What is the difference between criminal liability and civil liability? What is a tort? What is a Wrongful Death suit?
(3) What is actus reus and mens rea? Did Gwenyth have the requisite mens rea for criminal liability? If so, what would the appropriate mens rea be? Other than the actus reus and mensrea , what are the other basic elements of criminal liability and describe each as it relates to the above factual scenario?
(4) Most accidents involve some negligence on the part of one of the vehicle operators. Should all of those at-fault drivers be subject to criminal prosecution and possible incarceration? If injuries occur, should the at-fault driver always be subject to criminal prosecution? Why or why not? Is it the severity of injuries that should control whether or not a particular accident is a criminal matter or the conduct of the driver?
Now suppose Gwenyth P. had received a text from her friend Angelina J. prior to leaving late for work. In the text, Angelina tells Gwenyth that she hates Brad and wants him dead, that she knows Gwenyth hates him too, and tells Gwenyth that Brad will be at that very cross walk at the time Gwenyth is driving. Angelina texts, "Just scare him, break his foot." Gwenyth replies to Angelina that she'll "take care of it." Gwenyth arrives at the intersection, runs over Brad and kills him, fleeing the scene.
(5) What if any liability does Angelina have in this case? Why? Who are the parties to the crime in this scenario, and what criminal act and criminal intent are required for each.