Incorrect The boyfriend would have survived the knifing if the doctors had not

Incorrect the boyfriend would have survived the

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will benefit little from arguing that he did not specifically intend to kill the boyfriend. Incorrect. The boyfriend would have survived the knifing if the doctors had not opted for immediate surgery. When the act of a defendant begins a chain of events ending in the death of the victim, and all those events are foreseeable consequences of the defendant's act, the defendant remains guilty of homicide. Here, the doctors' attempt to perform surgery on the boyfriend, who had been stabbed, was not only foreseeable but probable. The fact that the doctors should have taken another course of action does not negate the defendant's liability for the boyfriend's death, so this is not a viable defense. Incorrect. The defendant didn't know that the boyfriend had a heart condition. The maxim that states that "you take your victim as you find him" applies here. The fact that the boyfriend had a medical condition of which the defendant was unaware does not relieve the defendant of liability for his act. Furthermore, when the act of a defendant begins a chain of events ending in the death of the victim, and all those events are foreseeable consequences of the defendant's act, the defendant remains guilty of homicide. It is certainly foreseeable that a stabbing victim, even a perfectly healthy one, might die as a result of the wound or during subsequent surgery to treat the wound. Thus, the fact that the doctors should have taken another course of action does not negate the defendant's liability for the illegal act, so this is not a viable defense.
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Question 3 of 5 ID# 21259 The defendant and the victim have been rivals for years. Their rivalry began when they were teenagers and competed against each other on rival sports teams at schools on opposite sides of the town. Later, the victim broke up the defendant's marriage by having an affair with the defendant's wife. The defendant and the victim are now in rival motorcycle gangs, and each is trying to control the local drug trade. The defendant just learned that the victim has been dating his little sister, and she is now addicted to drugs. To make matters worse, the defendant also learned that after the victim gives the defendant's sister drugs, he passes her around to members of his gang so that they can "do whatever they want with her." The defendant is completely enraged by the victim's conduct. He calls the victim and asks if they can meet for a few beers to discuss a merger of their respective drug trade organizations. The victim agrees, so they meet and talk for an hour or so. Later, the defendant offers the victim a ride home. When they pull up in front of the victim's house, the defendant shoots the victim in the back of the head stating, "That's for my little sister." The victim dies instantly. What is the most serious crime of which the defendant can be found guilty? A First-degree murder. B Second-degree murder. C Voluntary manslaughter.
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  • Spring '10
  • SUSANW.CRUMP
  • criminal law, Manslaughter

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