Juri 560 memo 1.docx - To Professor Tchividjian From...

This preview shows page 1 - 2 out of 5 pages.

To: Professor Tchividjian From: Annamarie Morehead RE: Is This Murder? Question Presented Is the death of Todd’s child likely to be charged as murder, voluntary manslaughter or involuntary manslaughter? What are the differences between the three charges as applied to the facts in this case? Short Answer In the case of a possible Murder charge, while Todd did lack the intent to cause his child’s death, he also acted in such a negligent way over such a period of time that it might be construed as torture, thus meeting the need for malice and obfuscating the intent to cause death, further the negligence arises to that of being a disregard for human life elevating any charge of involuntary manslaughter to that of murder under Idaho case law. Todd could be charged with murder. In the case of Voluntary manslaughter, the child did not die in the heat of passion nor from a sudden action, thus Todd is not likely to be charged with Voluntary Manslaughter. In the case of Involuntary Manslaughter all that is needed is for a grossly negligent act to result in death, since Todd’s actions lead to the child’s death it is likely he would be charged with Involuntary Manslaughter alongside a charge of murder under Idaho case law due to the negligence arising to the level of being a disregard for a human life. Rule(s) First the rule for Murder in the state of Idaho is as follows. Any action that results in death that has the following elements a) The unlawful killing of another human begin b) that there be malice aforethought and c) that there be the intent to cause death or that the death should occur during the commission of another felony action d) that death occur during torture or such extreme negligence as to qualify as torture 1 . This rule is further expounded upon by the Sheahan v. State, wherein malice, can be explicit or implicit in nature 2 . In this particular case the jury was given an instruction in regard to what constituted first-degree murder that unintentionally lowered the states burden of proof for the charge. This case also is used to illustrate the idea of an “Abandoned and Malignant Heart” as being an alternate quality in regard to what malice is. A charge of Murder can also be brought in instances where the negligence of an involuntary manslaughter charge exceeds mere negligence and arises to the level of being a total disregard for a human life. Secondly the rule for Voluntary Manslaughter in the state of Idaho is as follows. The unlawful killing of another person wherein there is no malice and/or is in the heat of passion 3 . 1 § 18-4001. Murder defined, Idaho Code § 18-4001 (Statutes current through all acts passed by the legislature and signed by the governor from the 2021 Regular Session). - com.ezproxy.liberty.edu/api/document?collection=statutes- legislation&id=urn:contentItem:631R-RHN1-F900-G1TN-00000-00&context=1516831 .

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture