Glannon Guide: Homicide Overview Flashcards
Hypo: Gang Killings. Punchy and Mickey are rival gang members. One day, Punchy hears a fellow gang member, Jimmy say that he plans to kill Mickey at his first opportunity because he heard Mickey was planning to attack him. Punchy knows it’s not true but doesn’t say anything to Jimmy. As a result, the next day Jimmy goes out and stabs Mickey. If Punchy is charged with murder for Mickey’s death is he
A) guilty b/c he knew that Jimmy was going to kill Mickey.
B) guilty b/c he could have prevented Mickey’s stabbing.
C) guilty b/c he is in the same gang as Jimmy.
D) Not guilty.
D. is correct b/c Punchy lacked the actus reus for Mickey’s murder.
Hypo: Mad scientist. Marcus lives next to Jerry, the neighborhood “mad scientist.” Jerry is always fooling around with different experiments and creating obnoxious odors and noises in the neighborhood. Marcus is determined to drive Jerry out of the neighborhood so that everyone else can be rid of his disturbances. Therefore, he wanders over to Jerry’s yard when Jerry is not home and mixes up his own surprise for Jerry. In the container that is marked H20 mixes explosive chemical with it. Jerry not knowing about the switch is killed when mixing chemicals. Marcus is charged with Jerry’s death.
A. Marcus is guilty of murder b/c he negligently caused jerry’s death
B. Guilty b/c he acted with callous disregard for Jerry’s life
C. Not guilty b/c he did not premeditate his killing
D. Marcus is not guilty b/c he did not use a dangerous weapon to kill jerry.
B. is correct b/c at minimum he disregarded Jerry’s life. It is a form of malice.
Hypo: The Addams family. Natasha and Gomez Addams have been married for several years. However, their relationship has not been a happy one.. They frequently fight with each other. One day Natasha tells Gomez she is four months pregnant. Gomez just lost his job and does not want a baby, therefore he tells her to get an abortion. Natasha agrees but before she does, Gomez kicks her in the abdomen. The fetus dies from the injuries. In this jurisdiction, a fetus is considered a human being once it is beyond the eight-week embryonic stage. Can Gomez be charged with murder?
a. No, b/c the fetus was going to be aborted anyway.
b. No, b/c there was no proof that the fetus was viable
c. Yes, b/c a fetus is always considered a human being under the law.
d. Yes, b/c the fetus was beyond the eight-week embryonic stage.
e. No, b/c the fetus was never born alive.
D. is the better answer b/c it fits the definition of a human being in this jurisdiction. Once the fetus is beyond eight weeks, regardless of whether it is viable, it is considered human being.
Suicide v. Homicide
Hypo: Goodbye, dear friend. Harry and Sally have been the best of friends for years. Tragically, Harry has developed a fatal disease and has been told by his doctors he has only six months to live. He expects that his condition will continue to deteriorate during the six months and that when he finally dies, he will be incapable of caring for himself and in constant pain. Sally cannot stand to see her friend’s suffering. Therefore, she agrees to help with Harry’s plans to “end it all.” At Harry’s request, she makes him a chocolate milkshake (his favorite) that is spiked with enough sedatives to kill him. Sally leaves it for Harry near his bed. Harry thanks her, says goodbye, and drinks the shake. He dies peacefully in five minutes. Assuming the law in the jurisdiction prohibits assisting a suicide, which of the following is true?
A. Harry may be charged with suicide and Sally with assisting his suicide.
B. Neither Harry nor Sally may be charged with suicide b/c harry voluntarily decided to end his life.
C. Harry may have been guilty, of suicide, but Sally is not guilty of a crime b/c she did not administer the poison to Harry.
D. Sally is not guilty b/c Harry was guaranteed the constitutional right to end his life in a dignified manner.
E. Sally may be charged with assisting Harry’s suicide.
E. would be the best answer. un;less the jurisdiction has specifically held that offering poison is insufficient to help another person with suicide.
Hypo: The blundering kidnapper. Charles decides to kidnap his high school teacher, and hold her for ransom. The victim was always his favorite teacher. In fact, she is everyone’s favorite teacher, so he is fairly sure he can secure a high ransom for her return. Charles intends to return the teacher unharmed as soon as he gets the money he needs to cover some drug debts. A week after kidnapping. the police find the victim dead in the trunk of Charles’s car. In charging Charles with homicide
A. prosecutors cannot charge Charles with murder b/c it is clear he did not act with malice
B. prosecutors can charge Charles with murder and manslaughter for the death of his teacher.
C. prosecutors can charge Charles with murder if there is malice or felony murder.
D. prosecutors can charge Charles with murder b/c he did not premeditate his victim’s death.
c. is correct b/c prosecutors may charge Charles with murder and use various theories, including felony murder, to argue why he is guilty. In this scenario, Charles may be guilty of murder if he acted with reckless indifference to his victim’s life, or if her death occurred during the commission of the felony kidnapping.
