Harwell v. State (POST)
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We’ve talked previously about the actus reas requirement of crime. A crime cannot be committed unless there is a guilty act. Therefore, a person can’t be arrested for “being” a drug addict, a homeless person, or a prostitute. But a person could be arreted for being under the influence of drugs, for loitering or trespass, or engaging in an act of prostitution.
When police officers working in Vice squads crack down on prostitution, they often do so undercover. They must reach an agreement and then exchange money in order to prove the actus reas of prostitution. That’s not always easy because prostitutes are wary of undercover officers. They want the officer to do something to prove that they aren’t an officer such as tough a part of their body (such as her breast) or even unzip their pants and expose themselves. If an undercover officer refuses to do so, the prostitute will refuse to come to an agreement and take money because they want to avoid getting arrested. It’s a fine line that officers must walk.
Let’s read Harwell v. State on page 497-498 on your book. Then answer the discussion questions at the end (1 – 4).
Please upload the answer in a ZIP or a RAR file.