Your professor has dismissed the class, and everyone is walking toward the exit. Ashton takes out his phone and is accessing a site to see whether his favorite celebrity starlet has been released from police custody yet. While staring intently into the phone, he bumps into you, causing you to fall and injure your leg. Has he committed a crime, and if so, what crime has he committed?
What will be an ideal response?
Under these circumstances, Ashton would not likely be guilty of a crime, despite your injuries. For culpability to exist, actus reus and mens rea must be proved. Ashton is certainly guilty of civil negligence; however, his inattentive walking will not give rise to a criminal act unless some sort of special statute has been passed making it a criminal act. Ashton would also not be found to have a guilty mind. His negligence does not rise to the level of understanding that he is or could be committing a crime. His negligence would give rise to a civil action for your damages, but there is no criminal liability.
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