For each of the scenarios, identify all of the potential crimes that the facts presented appear to warrant investigation/prosecution. For each crime, identify the elements of the crime and how the facts fit those elements. Also, identify any potential justification or excuse defenses that could likely be deployed. Spell it all out.
Scenario 1:
George asks Ben advice on how best to kill his wife. Ben gives George a great plan that later George carries out perfectly.
Scenario 2:
Tommy places a knife to Jenny’s throat and says “give me all your goods”. Jenny uses the self-defense training and gets the knife and plunges it into Tommy’s thigh, hacks off his fingers, then beheads him.
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Scenario 3:
Billy, Mark, Jason, Bob, Tim have sexual intercourse with Karen (a prostitute Billy hired for the bachelor party) while she was passed out (because of a drug added secretly added to her drink) at the party—and had no knowledge of all of their intentions prior to passing out.
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Scenario 4:
Linda found out her husband was having an affair and immediately went into a rage throwing items about her house. This resulted in a fire starting which engulfed her children upstairs, leading to their deaths.
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Scenario 5:
After smoking some crack, Daryl decided to drive to Burger King for some fries. He didn’t notice the children he ran over and killed on the way there. After 20 minutes, Perry (one of the children’s father) entered Burger King and put a knife to Daryl’s neck. Gilly, the manager then pulled out an assault rifle and tried to shoot Perry but forgot the safety. In the confusion Daryl got the knife from Perry but the struggle resulted in Perry’s neck being cut resulting in his death. Gilly told Daryl to run and threw his car keys to Daryl. Daryl left the scene.
ANSWERS
In scenario 1, George and Ben could be charged with murder. The elements of murder typically include an intention to kill, a killing that is committed with malice aforethought, and the absence of any legal justification or excuse. In this case, the facts suggest that George intended to kill his wife and that he acted with malice, as he sought out advice on how to do so and carried out the plan. There may not be any legal justification or excuse for the killing, such as self-defense.
In scenario 2, Tommy could be charged with robbery, and Jenny could be charged with murder. The elements of robbery typically include the use of force or fear to take something of value from someone else, and the elements of murder include an intention to kill and a killing that is committed without legal justification or excuse. In this case, the facts suggest that Tommy used force or fear to try to take something from Jenny, and that Jenny killed Tommy without legal justification or excuse. She may argue that she was acting in self-defense, but it is unclear whether this would be a valid defense given the severity of the actions she took against Tommy.
In scenario 3, Billy, Mark, Jason, Bob, and Tim could be charged with sexual assault. The elements of sexual assault typically include non-consensual sexual contact or penetration, and the facts in this case suggest that Karen did not consent to the sexual activity because she was unconscious. It is unclear whether there are any potential defenses or excuses that could be deployed in this case.
In scenario 4, Linda could be charged with murder. The elements of murder typically include an intention to kill and a killing that is committed without legal justification or excuse. In this case, the facts suggest that Linda’s actions in throwing objects around her house resulted in the deaths of her children, and that she did not have a legal justification or excuse for her actions, such as self-defense.
In scenario 5, Daryl could be charged with vehicular homicide, and Gilly could be charged with attempted murder. The elements of vehicular homicide typically include the operation of a vehicle in a reckless manner that causes the death of another person. In this case, the facts suggest that Daryl was operating his vehicle recklessly while under the influence of drugs and that he caused the death of the children. Gilly could be charged with attempted murder for trying to shoot Perry, although it is unclear whether he had the intent to kill Perry or whether he was acting in self-defense. It is also unclear whether there are any potential defenses or excuses that could be deployed in this case.
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