CJA 354 Week 3 DQ 1 NEW Flashcards

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CJA 354 Week 3 DQ 1 NEW

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Adam Smith is angry with Karl Marx (not their real names) and wants to engage Marx in a fistfight. Marx refuses, but Smith won’t let it go and throws a punch that lands on Marx’s chin causing a bruise. What it also causes is Marx’s rapid descent to the sidewalk he was just standing on. Marx topples backwards like a fallen oak tree and slams his head on the concrete. Blood starts trickling out of his left ear. Smith, frightened (because he certainly didn’t intend for this to happen), calls 911 and an ambulance soon arrives. To no avail. Marx dies. What, if anything, should Smith be charged with? Simple assault? Aggravated assault? Homicide? If yes to the latter, which degree of homicide? Should he not be charged with any crime? Explain your reasoning, using your text and the case law and any research into states’ laws you wish to find.

A

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