Reference no: EM133461251

Question

1. Do you believe Officer Scot Peterson had the duty of protecting the kids and staff from the Parkland mass shooter? Why or why not?

2. Europe and the US treat whether a bystander has to respond differently. Explain the American Bystander Rule and the European Bystander rule and how they differ. Which rule do you think is better and why? Should people in the US be required to intervene and act? Why or why not?

3. Bert leaves a bar after last call. Bert begins to drive home in his black Ferrari. As he is driving along, he adjusts his radio and then hears a "thump". Upon stopping in the dark, Bert sees that he has struck Ernie who was jaywalking across the street. Ernie is taken to the hospital where he waits hours to see a doctor. Ernie is ultimately treated and released. Ernie dies 6 months later.

Talk about whether Bert should be held responsible for Ernie's death based on the proceeding facts. Has proximate cause been established? Is there other information that would be helpful to you in making a decision? What else would you need to know to answer more fully?

4. A college professor and father of three drives his van to his job at the university one morning. Normally, the professor takes his older children to the local elementary school and then proceeds to work. This morning, his wife has asked him to drop off their infant daughter at day care. The daughter is placed in her customary place in the rear of the van and falls asleep. As is his custom, the professor drops off the two older children and proceeds to work where his mind is focused on the changes he must make to his class. While sitting in a staff curriculum meeting, his wife texts him and asking if everything went well with the drop off. At that point, the professor remembers his infant daughter and races to his car.

What criminal mental state does the professor father have? If you were the prosecutor, would you charge the professor? Is criminal negligence present? Why or why not? What is the professor's mental state? Is there additional information you would want to know prior to deciding whether to charge him? After answering those questions, compare his situation with another case where a young mother left her child in a car to get her hair done. Is there a difference in your mind? Is there a difference legally? What is the mother's mental state? Do we know what their motives are? Is there additional information that you would need or like to know about the second case prior to charging?