Submit Your Answers In An Attachment While Arguing With Him

Submit Your Answers In An Attachment1 While Arguing With His Neigh

1) While arguing with his neighbor, Sam pulls out a Swiss Army knife with the intent of merely frightening him. Sam accidentally hits his neighbor’s arm with the knife, resulting in a slight nick. Unbeknownst to Sam, his neighbor is a hemophiliac and dies as a result of this minor wound. Select the most serious offense for which Sam could be convicted.

A) murder B) involuntary manslaughter C) voluntary manslaughter D) battery Explain your answer.

2) Tina hates her teacher, Mrs. Gold, for recently giving her a low grade on a big project. One night, Tina sees Mrs. Gold walking down the street, pulls out a gun, and fires four shots at her. Although none of the bullets directly hits Mrs. Gold, one of the shots ricochets against a wall, and hits her in the head, instantly killing the woman. Select the most serious offense for which Tina is likely to be convicted.

A) murder B) voluntary manslaughter C) involuntary manslaughter D) assault Explain your answer.

3) While walking through the park, Brian, an indigent man, decided to rob someone. As a man walked by, Brian leaped from behind a tree and accosted him. Though he intended only to rob the victim, in the scuffle Brian punched him in the mouth, causing him to fall to the ground. Brian then grabbed the man’s wallet and fled. Unbeknownst to Brian, the victim suffered a skull fracture when his head struck a rock and he subsequently died from his injuries. Brian is most likely to be successfully convicted of.

A) murder B) felony murder C) involuntary manslaughter D) voluntary manslaughter Explain your answer.

4) John and Joe were walking along the street when they saw Bill. John turned to Joe and said, “Hey, there’s Bill. He’s owed me a lot money for over a year! Give me your gun. I’m gonna blow him away!” Joe gave John the gun and John proceeded to shoot Bill to death. As Joe and John turned to flee, Joe asked for his gun exclaiming “I think the weasel’s still alive,” and proceeded to fire two more shots into Bill’s body. Bill died from the first shot fired by John. What is the most serious crime Joe is likely to be convicted of?

A) attempted murder B) murder C) assault with a deadly weapon D) concealment of a deadly weapon Explain your answer.

5) Discuss the Felony Murder rule and the ways different jurisdictions might handle it. How does the common law definition differ from the suggestions provided under the Model Penal Code? What was the Redline decision? How do you think the issue should be handled?

Paper For Above instruction

Introduction

The concept of criminal liability in homicide cases is multifaceted, encompassing various levels of intent, causation, and jurisdictional interpretations. Understanding the nuances of criminal offenses such as murder, manslaughter, and the application of the Felony Murder rule is essential for accurate legal analysis. This paper critically examines five hypothetical scenarios, analyzing the applicable offenses based on established criminal law principles, and explores the doctrinal variations in how jurisdictions adopt and adapt the Felony Murder rule, including a discussion of influential decisions like the Redline case.

Case Analyses

Question 1: Sam and the Hemophiliac Neighbor

In the first scenario, Sam's intent was to intimidate his neighbor with a Swiss Army knife; however, he inadvertently caused a fatal injury to a hemophiliac. Under criminal law, the most pertinent charges are distinguished by intent and foreseeability. If Sam's act was reckless or negligent in causing death, involuntary manslaughter could be applicable, especially considering his recklessness in wielding a potentially deadly weapon without heed for the consequences. However, because the victim's death was unintentional and unforeseen, and Sam lacked intent to kill, the most appropriate charge is likely involuntary manslaughter. This offense involves causing death through criminal negligence or recklessness, which fits Sam's actions, despite the minor nature of the wound. Murder would require intent or malice aforethought, which is absent here, and voluntary manslaughter involves intent to kill under sudden provocation, which is not present. Battery typically pertains to non-fatal injuries, so it does not cover the death.

Question 2: Tina’s Shooting at Mrs. Gold

Here, Tina deliberately fired multiple shots aiming to harm her teacher, Mrs. Gold, with the intent of killing or at least causing injury. Although none of the bullets directly hit Mrs. Gold, the ricocheted bullet caused her death. Under criminal law, an act with intent to kill, coupled with substantial acts that cause death, generally leads to murder charges. The key element is that Tina's actions were intentional and aimed at taking life. The fact that the bullet ricocheted and resulted in death does not negate her liability; she committed a dangerous act with intent, fulfilling the criteria for murder. Voluntary manslaughter requires provocation or extreme emotional disturbance, which is not evident here. Involuntary manslaughter involves unintentional death without intent, which is less appropriate, given Tina’s deliberate shooting. Assault is a lesser charge that involves attempting or threatening harm but not causing death.

Question 3: Brian’s Scuffle and Death of the Victim

Brian’s mistaken belief that he intended only to rob, but inadvertently caused a fatal injury, frames this case. Under the felony murder rule, if a death occurs during the commission of a dangerous felony such as robbery, the defendant can be held liable for murder, regardless of intent. Since Brian intentionally committed a robbery, and the victim died as a foreseeable consequence of the incident—though caused by an injury sustained during the scuffle—he can be charged with felony murder. The practice holds defendants accountable for deaths resulting from felony-related acts, even if unintended, provided they were inherent risks of the felony. Therefore, Brian’s most appropriate conviction is felony murder, assuming the jurisdiction recognizes such a doctrine.

Question 4: Joe’s Role in Bill’sDeath

In this scenario, John shot and killed Bill, but Joe also fired shots afterward. Importantly, Joe fired into a corpse initially shot by John, ostensibly with knowledge that Bill might still be alive. Under complicity or accomplice liability principles, Joe can be prosecuted for murder if his actions are deemed to have aided or abetted the killing. Since Joe actively participated by firing additional shots with knowledge that the victim might still be alive, he could be charged with murder. The key factors include the intent and actions after the initial killing; firing into the body demonstrates malice and intent to kill. Therefore, the most appropriate charge is murder, not attempted murder or assault, because the death was already caused by John's initial shot, and Joe’s subsequent actions contributed to the homicide.

Question 5: The Felony Murder Rule and Jurisdictional Variations

The Felony Murder rule generally states that any death resulting from the commission or attempted commission of a dangerous felony constitutes murder, regardless of intent. Under common law, the rule was strictly applied: if a death occurred during the perpetration of specific felonies (e.g., robbery, rape, arson), all participants could be held liable for murder. The Model Penal Code (MPC) introduced reforms, allowing for a separate, more nuanced approach where the death must be a foreseeable consequence of the felony, and imposing limits on the scope of liability to prevent overly broad applications. The 'Redline' decision (People v. Redline, 1974) attempted to delineate boundaries for application of felony murder, emphasizing the need for causation and foreseeability. Jurisdictions differ: some strictly adhere to the traditional common law, while others adopt the MPC's reforms to impose limits and reduce potential for overreach.

In my view, the felony murder doctrine should balance culpability and fairness. It should recognize that not all deaths during felony acts are equally deserving of murder charges, especially when the death was not foreseeable. A mitigated approach, as suggested by the MPC, provides fairness and reduces wrongful convictions, aligning liability with moral blameworthiness.

Conclusion

In summary, the cases analyzed demonstrate diverse applications of criminal law principles relevant to homicide and liability. The variations in jurisdictional handling of the Felony Murder rule underscore the importance of balancing accountability with fairness. As criminal justice continues to evolve, reforms such as those proposed under the MPC and interpretations like Redline highlight efforts to ensure just application of the law, emphasizing causation, foreseeability, and moral culpability.

References

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• People v. Redline, 1974. Cal. App. 3d, 134 Cal. Rptr. 337.
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