State of Make-believe vs. Arya
Did Arya commit a battery against Sansa?
In order for the prosecution to prove a battery occurred, the prosecution must prove the defendant had actus reus and mens rea.
Actus Reus
Did Arya have actus reus?
Actus reus consists of a voluntary act, or an omission that causes a social harm.
Was there a voluntary act?
Voluntary means a person consciously acted without any internal or external influences.
The prosecution will argue, unlocking the enclosure, in which an undomesticated wolf was in, proves the action was voluntary because Arya acted on her own accord without any forces influencing her act. When Arya opened the gate, she opened it with a conscious mind. Opening the gate led to the wolf …show more content…
In order for the prosecution to prove a battery occurred, the prosecution must prove the defendant had actus reus and mens rea.
Actus Reus
Did Arya have actus reus?
Actus reus consists of a voluntary act, or an omission that causes a social harm.
Was there a voluntary act?
Voluntary means a person consciously acted without any internal or external influences.
The prosecution will argue, unlocking the enclosure, in which an undomesticated wolf was in, proves the action was voluntary because Arya acted on her own accord without any forces influencing her act. When Arya opened the gate, she opened it with a conscious mind. Opening the gate led to the wolf escaping, which immediately caused a social harm.
Arya, the defendant, will argue, opening the gate wasn’t a voluntary act to cause a social harm because Arya didn’t physically touch Sansa, so the act of offensive touching never occurred.
Although Arya didn’t voluntarily touch Sansa, she voluntarily opened the gate with a conscious mind, so the physical act of battery occurred.
Was there also an omission? Omission is the failure to act when there is a legal duty. Duty can be established through statues, contracts, special relationship, voluntarily assuming the duty, and when the defendant creates the