Therefore if chuck is found to have the requisite

This preview shows page 41 - 44 out of 54 pages.

Therefore, if Chuck is found to have the requisite malice, Burt may be liable for murder as an accomplice. ACCOMPLICE Defined supra As discussed above, Burt will be liable for all crimes that are foreseeable. It is foreseeable that while fleeing from the police that people may get injured or even die. Moreover, Burt was aiding in the theft of the guns from the store as from the discussion above it appears he did not have possession but rather had only custody. Thus, if there is an injury/death that occurs while during the flight, A may be liable for those crimes. Therefore, it appears that Burt will be guilty as an accomplice.
42 3. State vs. Chuck – Do the facts support Chuck’s charges of larceny and murder and what defenses might he assert? LARCENY Defined supra Here, there are no facts indicating that Chuck actually took any of the goods. However, if it is determined that he is an accomplice to crime of larceny committed by Burt, he may be found liable under accomplice liability. ACCOMPLICE Defined supra As discussed above, Chuck will be liable for all crimes that are foreseeable. Chuck will argue that he did not believe he was committing or assisting in committing any crime because he believed he was helping Burt get back his own guns. However, the state will contend that Chuck was aware that the guns did not belong to Burt because they entered through a window and upon the police arriving on the scene Chuck fled. Depending on how the trier of fact views the testimony and the facts will determine if Chuck is liable as an accomplice. However, it appears that Chuck will be liable as an accomplice to larceny. MURDER Defined supra Here, the question of murder will turn on if the requisite malice can be found. As discussed above, larceny is not an inherently dangerous crime so felony murder may not be used. However, the court may find malice under wanton conduct.
43 Wanton conduct Consists of an act that creates a high risk of serious injury or death, an act with little or no social value, defendant intended the act. Here, there is a high risk of death in fleeing from the police and in fact this did occur. Moreover, there is no social value in fleeing from the police, especially if you did not believe you committed a crime. Lastly, it was Chuck’s intention to flee from the police as it is likely he believed he would be arrested for stealing the guns. Thus, there is wanton conduct. Therefore, because there is the requisite malice, Chuck will be liable for murder. DEFENSES – MISTAKE OF CIVIL LAW Mistake of civil law will be a defense if the defendant believed they were rightful in doing the act. Here, the facts indicate that Chuck believed he was helping Burt get back his own guns. However, from the facts that they broke into the store in the disguise of the early morning coupled with his fleeing from the scene, it does not appear that Chuck truly believed he was helping Burt get back his own property.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture