CJA 354 Week 3 DQ 1 NEW .pdf
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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.
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