Essay Example on Rick & Morty: Indictment for Burglary & Other Crimes

Introduction

After critically reviewing the criminal activities that Rick and Morty engaged in, I have established a substantial number of cases that we can use to indict the two alleged criminals. I have further included a critical assessment of the claims and possible defenses highlighting the points of prosecution's strengths and challenges.

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The Crimes Rick and Morty Committed Individually

Burglary

Morty can be charged with burglary since he knowingly broke the permanent premise of Jerry. He specifically waited when Jerry was out of town and broke his window at night to steal the baseball card to use as a platform for accumulating money for their sham project. He should then be prosecuted and convicted for burglary.

Did Morty commit a crime of burglary? The criminal act of burglary is determined explicitly by legal elements, breaking, entry, dwelling, nighttime, and intent. 1) Breaking; the victim must prove the unauthorized access either forceful of unforcefully into a building by either breaking a door, a window, or creating a blast on the walls. 2) Entry; during the burglary, the act of entry must occur. It involves the physical intrusion or trespass into a property, whether the full-body, a part of the body or an instrument used satisfies as an entry. 3) Dwelling; for burglary offense, the entry must occur into a residence, a place for human occupancy and habitation. 4) Nighttime; it accounts that the breaking must occur at night under the common law. 5) Intent; the perpetrator must show the intention to commit a felony. Only satisfying all the elements proves the criminal act of burglary.

Applying the elements in the Morty burglary case, it shows that Morty is liable for the crime. For instance, after making a deal with Rick, one night, knowing of Jerry's out of town trade convention, Morty breaks into Jerry's house, intending to steal Jerry's baseball cards, which satisfies the mens rea, an evil mind. He uses a ladder to gain access and scale into Jerry's window and breaks it open. Although Monty can argue that he only broke the window to save the choking dog, his justification will be a sheer excuse. Despite not finding the baseball cards he intended to steal, his action resulted in damage to Jerry's property, which satisfies the actus reus (wrong act) of forceful entry. Therefore, Morty is liable and guilty of burglary.

Murder

The prosecution can charge Rick with the murder of Jerry. Rick knowingly shot and killed Jerry, who was unarmed and questioning Morty about his previous home burglary. Rather than establishing ways of peacefully solving the conflict, Rick, who was already frustrated over his sexual dysfunction, took his anger on Jerry, killing him on the spot.

Did Rick commit the criminal act of murder? Under criminal law, an offense of murder must satisfy specific elements to warrant a conviction. 1) Deliberation; it shows the intent and deliberate urge to kill with full awareness of the consequences of the actions. The deliberate intention should not be influenced by any outside forces or heat of compassion. 2) Premeditation; thinking of killing someone before the actual deed happens. 3) Willfulness; the means the perpetrator had the intention of committing the crime, and it did not happen by accident. 4) Malice Aforethought; is characterized by the intent to do evil and having little or no regard for human life. Satisfying all the elements makes one liable for first-degree murder.

Applying the elements of murder in Rick's case denoted that he is innocent of first-degree murder. Although Rick shot and killed Jerry and tried to rid the body which satisfies the actus reus (wrong act), he did not have deliberate intention to murder Jerry, nor did he have the premeditation, a plan to commit the crime. He came home drunk, hearing his friend cry in distress, he took the pistol from the kitchen and ran upstairs. Rather than shooting Jerry immediately, he knocked him with the butt of the pistol, which indicated he did not have any malice aforethought and held human life in high regard. It shows no requisite evidence that satisfies the mens rea. He only shot and killed Jerry, when he tried to reach for what seemed like a pistol. Since his judgment was also clouded from too much drinking, his action is justifiable as self-defense. Therefore, Rick is not guilty of first-degree murder since not all elements can be proven beyond a reasonable doubt to warrant a conviction.

The Crimes Rick and Morty Committed Together

Fraud

Rick and Morty can be charged with fraud since they intentionally lied about the charity organization to wrongfully get money from people. They tricked people into believing that there was a planet of aliens under siege and needed immediate saving. The "Save the Gloop Gloops" is a sham charity organization, which they used to solicit money from the innocent and pure-hearted citizens. It is a crime to provide wrong and misleading information to achieve any kind of financial gain.

Did Morty and Rick commit the crime of fraud? Under criminal law, the crime of murder must satisfy critical elements to warrant a conviction. 1) a representation of fact; call for evidence on misrepresentation of information. 2) Falsity; it involves telling a lie of configuring facts. 3) its materiality; the perpetrator intended to acquire material or financial gain from the act. 4) the perpetrator's knowledge of the falsity of the information. 5) The perpetrator's intent that it should be acted upon by the person in the manner reasonably contemplated. (6) The victim's reliance the misrepresented information. 7) The victim's consequential harm or injury due to the misrepresented information.

Applying the elements into the Rich and Morty case, it shows that Rick and Morty did not commit fraud against anyone. Although they satisfied most of the elements, they are not liable for the crime, which requires complete satisfaction of all elements. For instance, both Rick and Morty mispresented the information for soliciting money from good wishes. Although they needed money to build a teleporting machine, they stated that it was for a "Save the Gloop Gloops" charity, which shows the intent for fraud, consequently satisfying the mens rea (evil mind). Morty wore a placard that Rick designed, holding a bucket and asking for donations. Nevertheless, despite people donating cash approximately $500 due to their misrepresented information, no single individual succumbed to injury. Also, Morty is mentally disabled with an inability to learn and often "see things," which makes his make irrational decisions since he has been trying to make a disability claim. For instance, although they make up the "Save the Gloop Gloops" charity to solicit money, he legitimately believes gloop gloops are real. The donations came from well wished that had some money to spare, and the "Save the Gloop Gloops" charity was a made-up organization. Regardless of their intention, their activities have no requisite satisfaction of the actus reus (wrong act) that would make them liable for the crime. Therefore, both Rick and Morty did not commit fraud.

The Inchoate Crimes Rick and Morty Committed

Rape

Rick can be charged with attempted rape since the forcefully tried to have sexual intercourse with Jessica. Despite Jessica saying no, he took advantage of her detoxicated mental and physical status to rape her. Therefore, Rich should be found guilty of attempted rape.

Did Rick commit a crime of rape against Jessica? Under the common law, the elements of rape encompass 1) penetration, where the perpetrator inserts her body part (penis) however small into the victim. 2) force and resistance accounting that the sexual act was committed forcefully or under threat against the victim. 3) Nonconsent, which contends that the act must be done against the victim's will. Satisfying all the elements proves the act of sexual offence, rape.

Applying the elements on Rick, it is evident that Rick did not rape Jessica. Both Jessica and Rick had a good time at the club and got drunk beyond rational reasoning. They consensually moved to Jessica's house and willingly and, with each other's consent, got naked to begin romancing until Jessica said, "no." He used force against Jessica to forcefully engage in sexual activity after the firm refusal of "NO!" which satisfies the mens rea (evil mind). Although Rick could not have an erection to secure penetration, his action clearly showed intention. Nevertheless, he got frustrated and left, causing no harm to Jessica. Therefore, with no requisite work that satisfies the actus reus (wrong act) of forceful penetration, Rick is not liable for rape.