ipl-logo

Can Issa Be Convicted Of Second-Degree Murder Summary

1930 Words8 Pages

I. Issue
Can Issa be convicted of an intentional homicide under MCP §100 where she inflicted a non-fatal wound on her boyfriend who was then killed in a fatal accident on the way to the hospital?
II. Rule
Murder is the unlawful killing of a human being with malice aforethought. Murder can be elevated to first-degree murder if the prosecution can prove premeditation and deliberation. Murder can be mitigated to voluntary manslaughter if defense can prove provocation.
III. Analysis
A. Can Issa be convicted of second-degree murder?
Second-degree murder encompasses all homicides apart from those elevated to murder in the first-degree or mitigated to manslaughter. A defendant is guilty of a second-degree murder if there is the defendant’s voluntary actus reus, the causation of an unlawful death, and a concurrent mens rea of malice aforethought.
a. Actus Reus
The actus reus requirement of murder must be committed by a voluntary, physical, and unlawful act. The unlawful act in a murder case is a killing not done in self-defense. Issa voluntarily took a loaded gun which was normally stowed away in the glove compartment of her car and placed it in her purse before entering the apartment. She then, during an argument, voluntarily took the gun out of her purse, physically pointed the barrel at Lawrence’s torso, and voluntarily discharged the weapon. …show more content…

A subjective standard is used to determine premeditation and deliberation. MPC § 210.6. Premeditation of a murder exists when the defendant intends to kill and decides to commit the crime. Deliberation of a murder exists if the defendant took time to reflect on the choice and plan for how to execute the crime. Premeditation and deliberation require the defendant spend time reflecting and planning; however, a court will likely find any amount of time for reflection is

Show More
Related

State V Marshall 426 Case Study

1779 Words | 8 Pages

The deceased would not leave the filling station. While, the deceased had alcohol in his system, they took off their hat and slammed it on the counter. The deceased uttered some very foul words to the defendant. In the other hand, the deceased picked up a hammer. Unfortunately, the defendant fired his gun because he thought the deceased was going to hit him or kill him with

Read More

Memorandum: Aggravated Mayhem Charge Against Harvey Brewer

692 Words | 3 Pages

“A jury may infer a defendant’s specific intent from the circumstances attending the act, the manner in which it is done, and the means used, among other factors.” Id. at 834. Moreover, the specific intent to maim may not be proven exclusively from evidence that the injury inflicted is permanently disfiguring. Id. In Ferrell, the defendant entered the victim’s apartment and, after a confrontation, shot one victim in the knee, and another victim in the neck paralyzing her.

Read More

The Case Of Jodi Arias, Victim Or Killer?

924 Words | 4 Pages

It fell onto the ground. He got very angry. He stepped out of the shower and lifted me up and body-slammed me … I ran down the hallway ... into the closet. I grabbed the gun [and] ran out ... I just wanted him to stop, so I pointed the gun at him ...

Read More

How Did Captain Thomas Contribute To The Boston Massacre

1075 Words | 5 Pages

On March 5, 1770, three men died of gunshot wounds and two others died from their injuries. The events leading to their deaths are crucial to understand. Great Britain had stationed soldiers in Boston to enforce laws and defend protests. The colonists were resisting the British laws because Britain had been enforcing taxes created by the British Parliament in which the Colonies had no representation. Tension between the colonists and soldiers erupted on the night of March 5.

Read More

Who Is Lorenzo Morales Guilty

1497 Words | 6 Pages

But right after every confession Dr. Al Robbins, the medical examiner found out that the certain attempt didn’t murder Healthy. But without any success Connor and Dreama are still found guilty since the offender took some action towards killing another person and the offender’s act was intended to kill a person. Considering this a first-degree attempted murder because Connor intentionally tried killing Morales when he shot Morales with a crossbow. When Dreama came with the “rounds” where she hits Morales in the face with a crowbar and poisoned or helps poison Morales by injecting venom in his legs; hiding evidence by making it seem like if a snake bit him.

Read More

Mehserle's Shooting Essay

1185 Words | 5 Pages

“Accidents happen. Our bones shatter, our skin splits, our hearts break. We burn, we drown, we stay alive.” (Moïora Fowley-Doyle). The defendant could possibly be sent to prison for two to four years.

Read More

Tom Was At Fault In This Case

1050 Words | 5 Pages

Homicide: the deliberate and unlawful killing of one person by another person. To you does this word fit in the events that have happened. It was obvious Tom my client was not trying to deliberately kill his little brother, Doodle. Tom cannot be legally convicted of a crime he allegedly committed. It may seem like he's guilty with all fingers pointed at him for the death of Doodle, but allow me to elaborate on how my client is indeed innocent.

Read More

Anthony Marson Research Paper

1162 Words | 5 Pages

With manslaughter, the perpetrator causes the death of another due to dangerous and/or

Read More

The Pros And Cons Of Felony Murder

949 Words | 4 Pages

Involuntary manslaughter is the unintentional killing of another, because of a negligent of unlawful act. Felony Murder Rule The felony murder rule is a highly criticized rule because it holds all parties of a crime liable for any death that occurred during the commission of the crime. Even if the death was not directly performed by one of the felons, they will all be charged. For example: During a robbery someone dies of a heart attach.

Read More

Murderers Are Not Guilty Of Murder: Lizzie Borden

404 Words | 2 Pages

Murderers are people who kill people and murders also are guilty. Murderers are usually always guilty. Murders sometimes get away with it if they don’t get caught and move to a different country or state to hide from the police and be around people you don’t know. Murders are usually caught. Murders are bad and there needs to be a stop.

Read More

First-Degree Murder In John Steinbeck's Of Mice And Men

963 Words | 4 Pages

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. In addition, most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies. State laws categorizing murders into first, second and possibly third degrees generally require that the first-degree murders include three basic elements, such as: willfulness; deliberation; and premeditation. As to Mr. George Milton, in terms of willfulness, he had a specific intent to end a human life. Yet, whether he acted

Read More

Felony Murder Rule Research Paper

1805 Words | 8 Pages

The Felony Murder Rule Haley Roemmich Peru State College The Felony Murder Rule INTRODUCTION The felony murder doctrine is the legal principle which provides that any death that occurs during the commission of a felony or attempted felony can be legally treated as a murder. This doctrine holds true regardless of whether there was intent to kill. The felony murder doctrine represents one the few instances in criminal law where the element of intent is waived (Garoupa & Klick, 2006).

Read More

Punishment Or Justice Wargrave, By Agatha Christie

272 Words | 2 Pages

Murder, killing someone with no justification

Read More

Advantages And Disadvantages Of Mens Rea

1312 Words | 6 Pages

The mens rea is the mental element of an offence. It refers to the mental state of the accused in terms of the offence. If no mens rea is present the accused cannot be convicted with the exception of absolute or strict liability. In order for a person to be guilty of a specific crime it is expected that the defendant has the necessary mens rea.(4) ‘Intention means the conscious objective or purpose of the accused.’(1) Intention is not the same as motive or desire to achieve a particular result.

Read More

12 Angry Men Murder Scene Analysis

851 Words | 4 Pages

The judge declares the “Murder in the first degree—premeditated homicide—is the most serious charge tried in our criminal courts. One man is dead. The life of another is at stake. If there is a reasonable doubt in your minds as to the guilt of the accused … then you must declare him not guilty. If, however, there is no reasonable doubt, then he must be found guilty.

Read More

More about Can Issa Be Convicted Of Second-Degree Murder Summary

Related Topics

Open Document