Practice Essays - #1 Kitty v Adams The first issue is...

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#1 Kitty v Adams The first issue is whether Adams can be charged with attempted murder for Kitty. There are four elements of a crime in which he has to be convicted, which are actus reuse, mens rea, causation and attendant circumstances in which concurrence ahs to be a factor. The crime here is murder, which is the unlawful killing of another human being with malice aforethought. Murder is broken down into 2 categories of 1 st and 2 nd degree, first degree consist of being willful, deliberate and premeditated; second degree is being either extremely reckless of the value of human life (depraved heart) or causing grievous bodily harm or heat of passion by adequate provocation with a cooling off time. The rules for attempt are on a fine line of mere preparation and perpetration by where the substantial step (MPC 5.01) would be past the line of preparation. Here in this case, the actus reus of Adams was when he made a suggestion to have Kitty tested and the making of the LCD laced chocolates to take with him to the bar. The mens rea for this was the purpose, ”conscious object” and hoping that eh circumstances exists” to where he would believe that the crime would be committed. This occurred also when he planned out willful and deliberately on how to get Kitty if she was cheating on him. His means rea was when he made the chocolates and brought them to the bar with him in order to be given to her. The causation here it that he wanted her dead and he would have been the direct case of her death once she ate the chocolates. So he has fulfilled the elements in which he committed the crime but Kitty was not killed sot he attempt comes here when he has taken the substantial step to kill her because he brought the chocolates to the bar in order to give them to Barlow, so when he would give them to her. So Adams has fulfilled the substantial step by MPC standards in wanting to kill Kitty. 2 nd degree murder would not apply because he was not reckless and was not provoked in a manner without cooling off time against Kitty. His rebuttal would be that the substantial step taken has not been done yet because
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This note was uploaded on 05/03/2008 for the course TORTS 101 taught by Professor Hoener during the Fall '07 term at Florida Coastal School of Law.

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Practice Essays - #1 Kitty v Adams The first issue is...

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