As a rookie officer in the Cityburgh Police Department, you have been assigned to assist Sergeant Smith on three cases. You will be given a set of facts for each suspect and the title of the crime that Sergeant Smith suspects them of committing. You will need to research that crime and its elements and then apply those elements to the facts of the case to determine if the crime actually did occur. All of this analysis must be presented in a 2- to 3-page Microsoft Word document.
Case 1: Able
Last Thursday, an officer observed Able traveling at a high rate of speed down Main Street. The officer was able to determine that Able was going 20 miles over the posted speed limit. Upon stopping Able, the officer learned that the vehicle’s speedometer was broken and Able was aware that it did not function. Sergeant Smith believes that Able can be charged with reckless driving, under Code of Virginia § 46.2-862.
Case 2: Charlie
An officer brought Charlie in to the station after finding him sleeping on a park bench. Charlie admitted to being out drinking the night before and knowing that the park was closed at dusk. Sergeant Smith believes that Charlie can be charged with public intoxication, under Code of Virginia § 18.2-388.
For both cases, be sure to focus your discussion on the act required by each crime, the intent needed to commit the crime, and any additional issues that may arise from strict liability, missing elements, or the various level of mens rea present.
Note: You can use the Internet to find information about the Virginia Legislative Information System and the specific codes.
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