Criminal Law Essay

Submitted By tuffsuga2002
Words: 741
Pages: 3

Scenario 1 Paul is guilty of Voluntary Manslaughter for the killing of Larry. Paul is guilty of this because he did it without malice and it was a Heat of Passion crime (Boling,2012). The killing would ordinarily be murder, but because of the mitigating factor (Paul found his wife in bed with his partner Larry), Paul did not have the requisite state of mind for murder (Criminal law for the Criminal Justice Professional, 2003-2009). However, Paul is also guilty of 1st degree murder for killing Susan. Paul is guilty of this because he had plenty of time to cool off, in fact he drank a beer while watching football. It was therefore pre-meditated because he had plenty of time to deliberate with himself. Paul went and purchased a gun to kill Susan. Murder in the 1st degree is committed when an intentional killing that is aggravated by premeditation and deliberation, which is exactly what Paul is guilty of (Criminal Law for the Criminal Justice Professional, 2003-2009).

Scenario 2 Tom is guilty of murder under the felony-murder rule, because he was in route from committing a felony, which was robbing the Commerce National Bank in Tampa. The felony-murder is when you are guilty of murder if he or she killed another person, even accidentally, during an attempt or perpetration of a felony or while in flight from the perpetration of the felony. So Tom is indeed guilty of murder under the felony murder rule, he intentionally robbed a bank which is a felony so everything that happened during or after is also a felony.(Criminal Law for the Criminal Justice Professional, 2003-2009)

Scenario 3 Joe can be tried for murder because for one he cause the initial assault that caused Frank’s suffering, which was a result of an argument between the two. Joe also can not assist Frank in suicide. The act of aiding and abetting another to commit suicide has been made criminal by statuses in 39 states and is still punishable as a common law crime in approximately 6 states. Some states have not yet had to address the issue but Oregon is the only state that has legalized physician-assisted suicide in certain circumstances. People vs. Cleaves (1991) and People vs. Hearn (1998) are examples of cases that involved assisted suicide.(Criminal Law for the Criminal Justice Professional, 2003-2009)

Scenario 4 She can be charged with Vehicular Homicide, because she was operating a motor vehicle when she recklessly swerved to avoid hitting a dog striking two children, killing them. Vehicular Homicide is when the perpetrator caused a death while operating a motor vehicle, either by gross negligence or while under the influence of alcohol or other drugs (Criminal Law for the Criminal Justice Professional, 2003-2009). She can be charged with Vehicular Homicide.…