1. Mens Rea and Actus Reus

In this question, you will examine the elements necessary to commit the crime of shoplifting.

Donna is shopping with her five-year-old daughter, Haley. Evading Donna's supervision, Haley puts a bottle of perfume in Donna's bag. Just as Donna is leaving the store after paying for her items, the alarm goes off. The guard searches Donna's bag and finding the bottle of perfume, he calls the police.

Based on the above information, answer the following questions:

Is Donna guilty of shoplifting? Why?

What if Donna knew that Haley had put the perfume in her bag and did not act accordingly? Would that change your answer? Why?

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.

2. Criminal Vicarious Liability

In this question, you are asked to analyze how the concept of vicarious liability, in a criminal context, might apply to these factual scenarios.

Eric is working as a customer service representative for XYZ Company. One day Eric is involved in a physical altercation with a customer while at work.

Based on the above information, answer the following questions:

Can XYZ Company be held responsible for Eric's actions? Why?

Would your answer change if Eric had an altercation with someone he met at a bar? Can the bar be held responsible for Eric's actions? Why?

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.