UC知道请法律英语高手解答
来源：百度知道 编辑：UC知道 时间：2024/05/22 12:32:41
I. Case Analysis
Jean’s Death
Around 5 P.M. one evening, a man and his wife entered the Bluebird Bar. The man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack continued to order the same drinks about every 1/2 hour.
At 11 P.M. the bar owner refused to serve Jack any more drinks because he was obviously extremely intoxicated and bothering other customers. Gail was used to Jack’s behavior and never asked her husband to quit drinking.
“Are you driving him home or should I call a taxi?” the bar owner asked Gail. Jack shouted, “Get out of m face! I’m driving home and neither of you can stop me!” Jack then shoved the owner aside and walked out the door. The owner just shrugged his shoulders and walked off. Gail went to the pay phone in the corner to call her sister for a ride.
As Jack left the bar a man walking by the bar shouted to him, “Hey Buddy, call a taxi!” When Jack drove off, the man simply shook his head and walked down the street.
Jean’s Death
Around 5 P.M. one evening, a man and his wife entered the Bluebird Bar. The man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack continued to order the same drinks about every 1/2 hour.
At 11 P.M. the bar owner refused to serve Jack any more drinks because he was obviously extremely intoxicated and bothering other customers. Gail was used to Jack’s behavior and never asked her husband to quit drinking.
“Are you driving him home or should I call a taxi?” the bar owner asked Gail. Jack shouted, “Get out of m face! I’m driving home and neither of you can stop me!” Jack then shoved the owner aside and walked out the door. The owner just shrugged his shoulders and walked off. Gail went to the pay phone in the corner to call her sister for a ride.
As Jack left the bar a man walking by the bar shouted to him, “Hey Buddy, call a taxi!” When Jack drove off, the man simply shook his head and walked down the street.
．案例分析 吉恩的死亡 大约下午5 点一个晚上、一个人和他的妻子进入了蓝鸫酒吧。人, 杰克, 指令威士忌酒为他自己和可乐为他的妻子, Gail 。杰克继续定购同样饮料关于每1/2 小时。 下午11 点酒吧所有者拒绝服务杰克饮料因为他是明显地极端陶醉和打扰其它顾客。Gail 被用于杰克的行为和从未要求她的丈夫放弃饮用。 "是您驾驶他家或应该我叫出租汽车?" 酒吧所有者要求Gail 。杰克呼喊, "离开m 面孔! 我驾驶家并且两者都不您能停止我!" 杰克在旁边然后推了所有者和走出去了门。所有者耸肩了他的肩膀和走了。Gail 去公用电话在角落告诉她的姐妹为乘驾。 因为杰克留下酒吧一个人走由酒吧呼喊对他,"嘿伙计, 叫出租汽车!" 当杰克击退了, 人简单地摇了他的头和走了在街道下。 同时, 吉恩和卡尔有恋人的争吵在下个角落。争吵很快升级了入一次主要战斗, 并且卡尔触击了吉恩, 说法, "曾经不劝告我再不接触您。我将显示您在上司这里。" 那时, 吉恩狂乱哭泣和给予注意根本对交通, 没有跑入街道直接地在杰克的汽车前面。杰克没有能及时停止, 并且吉恩立即被杀害了。 问题: 确定如果您发现在案件道德上负责任对吉恩的死亡的党能并且被发现法律上负责任从刑事诉讼法的方面。罪行的共同的元素是存在吗? [ 提示: 在确定不管怎样mens rea 是存在, 有目的地, 熟悉, 鲁莽地, 或疏忽地使用MPC 用语。]