Exercise Class #14Homicide
What is the most likely crime charged against the criminal actor in each of the following scenarios?
1.
Scott is angry at John. While at a bar on Friday evening, Scott pulls a gun out of his jacket and shoots John in the head.
John dies.
Scott will be charged with second degree murder because he deliberately killed John without any given reason or excuse.
Because he was mad is not a given excuse or reason.
2.
Scott is angry at John. Scott sees John in a bar. John begins to shout at Scott, calling him offensive names. Scotts
friends ask John to stop. John continues shouting at Scott. Scott pulls a gun out of his jacket and shoots John. John
dies.
Second degree murder because Scott had the opportunity to leave the bar while being faced with words coming from John. Scott
then resulted in shooting John because of offensive name calling.
3.
Scott is angry at John. While at a bar on Friday evening, John shouts at Scott, angering him. Scott punches John then
leaves the bar. He returns to the bar about 1 hour later, sees John, pulls a gun out of his jacket and shoots him. John
dies.
Felony Murder because during the act of the brawl would be considered an assault charge. Then to return to the bar still heated
from the brawl decides to shoot John based on the assault that took place earlier.
4.
Scott is angry at John. While at a bar on Friday evening, John shouts at Scott, angering him. Scott punches John. John
punches Scott in return. Scott pulls a gun out of his jacket pocket and shoots John. John dies.
Reckless manslaughter because the killing began when Scott decided to punch John and when John decided to punch back Scott
got mad. Therefore knowing that the reaction of john would be to punch back, Scott was aware of the risks that he took.
5.
Scott is angry at John. While at a bar on Friday evening, John shouts at Scott, angering him. Scott punches John. John
punches Scott in return. Scott, angry at being hit, punches John repeatedly, fracturing his skull.
Involuntary because Manslaughter Scott not knowing the own strength of his hands kept beating on Johns head until he fractured
his skull. There was no were said where Scott wanted this to happen based off what he knew he could do.
6.
Scott is angry at John. While at a bar on Friday evening, John shouts at Scott, angering him. Scott punches John. John
punches Scott in return. Scott angry at being hit, punches John repeatedly, fracturing his skull. Scott was a professional
military operative.
Reckless Manslaughter because Scott knew what his hands was capable of doing. Scott acted in extreme recklessness therefore
leading to the bodily injury suffered by John.
7.
Lucy and Kevin are married. Kevin is having an extramarital affair with Ann. Lucy comes home from work and discovers
Kevin having sex with Ann. Lucy leaves the house. Later that evening, Lucy shows up at Anns front door and shoots her
in the head. Ann dies.
First degree murder because it is willful based on the fact that Lucy made up in her own mind that she would kill Ann and also
premeditated because it was planned how Lucy wanted to kill her by leaving then coming back.
8.
Lucy and Kevin are married. Kevin is having an extramarital affair with Ann. Lucy comes home from work and discovers
Kevin having sex with Ann. Lucy goes to the kitchen where a gun is kept, returns to the bedroom, and shoots both Ann
and Kevin. Both die.
Voluntary manslaughter because this was in the heat of the moment to find her Husband having sex with Ann. She decided to
react in a way that was intentional because she knew the results.
9.
Lucy and Kevin are married. Kevin is having an extramarital affair with Ann. One of Lucys coworkers, Joe, notifies Lucy
that he witnessed her husband, Kevin, kissing another woman, Ann. Lucy gets into her car, drives to Anns home (a 10
minute drive), and shoots Ann in the head. Ann dies.
Second Degree Murder because it was an intentional killing that took place. Lucy had the intent while driving 10 minutes to Anns
home.