Assignments & Exams Course:Criminal Law: PLG XXXXXXXXXX Assignment:Assignment 2 (based on classes 2 and 5) Bob lives in Grand Rapids, MI. One day, Bob is at a local bar. He has had a few drinks, but...

1 answer below »


Assignments & Exams

Course:Criminal Law: PLG-103-2107

Assignment:Assignment 2 (based on classes 2 and 5)

Bob lives in Grand Rapids, MI. One day, Bob is at a local bar. He has had a few drinks, but he is not intoxicated. As he is about to leave, he asks the bartender for a cup of water. The bartender by mistake hands him a 6 ounce cup of 40% Vodka instead. Bob gulps down the glass quickly. He notices the strength of the liquid, but figures that it must be his imagination, as he clearly asked for water. Bob gets in his car and drives home.


Unfortunately for him, the vodka goes straight to his head and he becomes intoxicated.Because of Bob's intoxication, he loses control of his car, which jumps a curb and kills 2 people. Bob is arrested and put on trial under Michigan's "causing death while operating amotor vehicle while intoxicated" statute, which carries a penalty of up to 15 years in prison.


Bob wants to argue that he did not knowingly drink enough to make him drunk. However, the judge instructs the jury that whether Bob knew that the liquid that he drank was vodka was irrelevant because driving while intoxicated is a strict liability offense.


Bob's attorney claims that this would be unconstitutional because it would not be fair to give someone such a severe punishment without proving any mens rea on Bob's part.


Who is correct? Please use appropriate case law to support your answer.

An IRAC-based essay is appropriate for this assignment.
Answered 1 days AfterSep 26, 2021

Answer To: Assignments & Exams Course:Criminal Law: PLG XXXXXXXXXX Assignment:Assignment 2 (based on classes 2...

Bodapati Sai Sri answered on Sep 27 2021
132 Votes
ISSUE
This case is related a person named Bob. Bob lives in Grand Rapids City in Michigan State of
United States.One day he visited a local bar to have some drinks , he consumed drinks in limit as he is aware of driving and driving is dangerous. Bob before leaving the the bar asked the bartender for a glass of water, the inattentive man instead served him drink with 40% vodka. This drink messed up bob’s, head made him intoxicated. While driving back home he crossed speed limit and 2 innocent people were killed by his car. Michigan police arrested him and put him on trial for “ Drunk & Driving and causing death by negligence”.
RULE
Drink and driving causing thousands of Injuries , Hundreds of deaths every year in Michigan.The Police, courts , Michigan government together trying to mitigate and prevent Deaths and Injuries from drink and driving & Drugged and driving. Michigan laws state that it is prohibited to drive
· While Inebriated by any alcohol...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here