Harwell v. State

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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.

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Answer preview…………

Question 1 Did Harwell possess the intent to exchange sex for money? Can there be a legal agreement given that officer Miller did not possess an intent to exchange sex for money?\

“An agreement is a mutual understanding between two or more people about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more persons” (Rilley, 2004). An agreement need not be just the written and signed document but also a meeting of the mind including a mutual understanding of all the requirements of that contract. There was a meeting of the mind between Officer Miller and Harwell because the officer expressed his need for fellatio and Harwell did not indicate that she would not engage but insisted on knowing if Miller was a police officer (Rilley, 2004).. The fact that Harwell suggested that the cost would not be more than $20.00 means that Harwell possessed the intent to exchange sex for money……….

APA 506 words