Guilty of First-Degree Murder Case Study
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Guilty of First-Degree Murder Case Study
Dan has been in and out of mental institutions most of his life. While working in a grocery store stocking shelf, he got into an argument with Vic, a customer who complained that Dan was blocking the aisle. When Dan swore at Vic and threatened to kick him out of the store, Vic told Dan that he was crazy and should be locked up. Dan exploded in anger, shouted he would kill Vic, and struck Vic with his fist, knocking Vic down. As Vic fell, he hit his head on the tile floor, suffered a skull fracture, and died.
Dan was charged with murder. He pleaded not guilty. At the ensuing jury trial, Dan took the stand and testified that he had been provoked to violence by Vic’s crude remarks and could not stop himself from striking Vic.
- Can the jury properly find Dan guilty of first-degree murder? Discuss.
2. Can the jury properly find Dan guilty of second-degree murder? Discuss.
3. Can the jury properly find Dan guilty of voluntary manslaughter? Discuss.
that is all the fact patter we have.
no sources necessary. just use the IRAC for each element pls. I shared the class outline below for your information.
So just IRAC each issue and just focus on Analysis part that how the fact will fit in our elements.
if you have questions pls let me know.
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Voluntary Manslaughter (distinguishable from murder by the existence of adequate provocation. [ killing in the heat of passion])
Elements of Adequate provocation (it would reduce a killing to voluntary manslaughter only if it met four tests.
The provocation must be sudden and intense passion in the mind of an ordinary person such as to cause him to lose his self-control.
The defendant must have in fact been provoked
There must not have been a sufficient time between the provocation and the killing for the passions of a reasonable person to cool
The defendant in fact did not cool off between the provocation and the killing.
When provocation is Adequate
Being subjected to a serious battery or a threat of deadly force
Discovering one’s spouse in bed with another person.
Provocation inadequate as a matter of law (mere words)
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CRIMINAL LAW OUTLINE
MURDER: The crime of unlawfully killing a person especially with malice aforethought.
Elements: Murder is a crime that has the elements of criminal act, criminal intent, causation, and harm. In this section, you learn the elements of murder. The elements of common law murder are: unlawful; killing; through criminal act or omission; of a human; by another human; with malice aforethought.
Men’s rea (evil mind): evil intent; the eviler the mind, the more intent.
Actus reus (wrongful act): the act was purposeful.
Concurrence: intent and act must be simultaneous.
Causation: act and intent must work together to be the cause.
Harm: act and intent must be the cause of actual harm.
To establish a case of murder the prosecution must prove:(1) that the unlawful1 death of the victim was caused2 by an act or omission3 of the defendant; and (2) that the defendant did that act or omitted to act with malice aforethought, express or implied4.
The burden of proof remains throughout on the prosecution and, apart from the special defenses of insanity and diminished responsibility and the anomalous case of suicide pacts, it is at no time incumbent upon the defendant to establish.
PRIMA FACIE CASE- Intentional infliction of a harmful or offensive contact with the person of
MURDER CONCEPTS: The crime of murder is the willful taking of another person’s life. In almost all jurisdictions murder is classified as either first-degree or second-degree.
FIRST DEGREE MURDER: willfulness, deliberation, and premeditation to take a human life.
First-degree murder is both the intentional and premeditated killing of a person or as it is sometimes referred to with malice aforethought, which means the killer deliberately killed out of ill will toward the victim. For example, Jane is tired of being married to Tom. She takes out a big life insurance policy on him, then begins to spike his nightly cup of tea with poison. Each night she adds more poison to the tea. Tom becomes gravely ill and dies as a result of the poison. It is not always required that proof of the three elements are present when certain types of killing occur. The types of killing that fall under this depend on the state, but often include:
The murder of law enforcement officer
Using unreasonable force that results in the murder of a child
Murder occurring in the commission of other felonies, such as rape, kidnapping, and other violent crimes.
Some states qualify certain methods of killing as first-degree murder. These usually include particularly heinous acts, torturing to death, imprisonment resulting in death, and “laid in wait” murders.
Second-Degree Murder: Second-degree murder is charged when the killing was intentional but not premeditated, but also was not done in the “heat of passion.” Second-degree murder can also be charged when someone is killed as a result of reckless conduct without concern for human life. For example, Tom becomes angry with his neighbor for blocking access to his driveway and runs into the house to get his gun, and returns and shoots and kills his neighbor. This could qualify as second-degree murder because Tom did not plan to kill his neighbor in advance and getting his gun and shooting his neighbor was intentional.
Penalties and Sentencing for Second-Degree Murder Generally, the sentencing for second-degree murder, depending on the aggravating and mitigating factors, the sentence can be for any range of time such as 18 years to life. In federal cases, judges use the Federal Sentencing Guidelines which is a point system that helps to determine the appropriate or average sentence for the crime.
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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