Crim Law (Post Midterm)

What are some traditional examples of adequate provocation?

-Extreme assault or battery -Mutual combat -Illegal arrest -Injury of a close relative -Seduction of one's younger daughter -Sudden observation of a spouses adultery

What are some traditional examples of Extreme Mental or Emotional Disturbance?

-Getting unjustly fired from a job -Dumped by a longtime boyfriend or girlfriend -Abused or Humiliated by someone -A mother killing her infant while in the thrones of postpartum depression

What are the differences between provocation and Extreme Mental or Emotional Disturbance under the Model Penal Code?

-MPC does not require "suddenness" -MPC has no categories of "adequate provocation" -"Last straw" or cumulative theories are allowed -MPC allows the disturbance to be from the viewpoint of the person as he or she believes them to be

What are the elements of a Common Law Heat of Passion/Provocation Defense?

1. Defendant must intend to kill the victim 2. Defendant was in the heat of passion (subjective test) 3. Provocation has to have been adequate (objective test) 4. No reasonable time to cool off between provocation and killing (must be sudden and immediate--objective) 5. Causal link between the provocation and the person killed.

Under Common Law, what are the standards of Malice?

1. Intention to kill a human being 2. Intention to inflict grievous bodily injury 3. An extremely reckless disregard for the value of a human life (Depraved Heart) 4. Intention to commit a felony during the commission or attempted commission of which death results (Felony Murder)

What is the test for Model Penal Code Manslaughter?

1. Is Defendant operating under Extreme Mental or Emotional Disturbance (subjective test) 2. Is there a reasonable explanation or excuse for the Extreme Mental or Emotional Disturbance state (objective test)

When trying to prove that an individual acted with the intention to kill another human being, what must the prosecution show?

1. The person acted with premeditation (they had quality time to think about the killing) 2. The person acted with deliberation (they were clearly thinking about killing)

At Common Law, what are the three types of Manslaughter?

1. Voluntary 2. Involuntary 3. Misdemeanor

Under the Pennsylvania Model, what is First Degree Murder?

A killing that is committed in a specific manner or a killing that is willful, deliberate, or premeditated.

What is Imperfect Self-Defense?

A self defense argument where the actor's belief in the need to take protective action is honest but unreasonable. If it is determined that the protective action was honest but unreasonable, the crime is mitigated from murder to voluntary manslaughter.

At Common Law, what is Voluntary Manslaughter?

An intentional killing mitigated from murder due to provocation or excuse.

What constitutes death?

An irreversible cessation of breathing and heartbeat.

What is the "Year and a Day" Rule?

At common law, a homicide would fail if the victim died more than a year and one day after the triggering injury that eventually caused the victim's death.

Barbara works at a jewelry store. One day, an escaped convict rushes into the store and pulls a gun on Barbara. The convict threatens to kill Barbara unless Barbara steals some jewelry for him. The convict then threatens to kill Barbara unless Barbara kills a co-worker. Fearing death, Barbara kills the co- worker. Barbara is charged with theft and murder. Which of the following statements is most accurate, assuming that the jurisdiction does not apply the Model Penal Code?

Barbara is guilty of murder but not theft.

Billy is walking through a park when he is confronted by someone who tries to take his wallet by force. Billy struggles with the robber and then takes out his gun and shoots and kills the robber. Billy is charged with murder but claims self-defense. Specifically, his lawyer claims that Billy's force was appropriate because the jurisdiction recently passed a Stand Your Ground law. Which statement is most accurate?

Billy had no duty to retreat because he reasonably believed that force was necessary to prevent the commission of a forcible felony.

Donald receives a phone call from an anonymous caller who refuses to identify himself. Donald is directed by the caller to sexually assault his neighbor. The caller tells Donald that if Donald fails to comply with the demand, the caller will track down and find Donald's best friend and "punch him." Fearful of his best friend being punched, Donald succumbs to the threat and assaults the neighbor. Donald is charged with assault but wishes to assert the duress defense. Which statement is most correct?

Donald will not be excused by duress if the jury concludes that a person of reasonable firmness in this situation would have been able to resist the threat.

Victoria is trapped in an abusive relationship with her husband, John, who has subjected her to a daily torrent of verbal, emotional, and physical abuse over the last 10 years. On two occasions, Victoria has tried to leave John but was unsuccessful. The first time, Victoria went to stay with her sister, but John came and dragged her from the sister's home and carried her back to their marital home. The second time, Victoria went to a motel, but the same thing happened. Victoria called the police 10 times over the course of several years after being hit by John, but she was too scared to testify against him so the charges were always dismissed. One day, John got very drunk and threatened to kill Victoria. Then John fell asleep. Worried that John would kill her when he woke up, Victoria took his gun and killed him while he was sleeping in his bed. Victoria is charged with murder. Which of the following statements is correct about how her trial might unfold?

Evidence of Battered Person's Syndrome might be introduced at trial as an argument for mitigating punishment.

Felicia is the owner of a rare painting by Vincent Van Gogh. It is hanging in the hallway of her apartment in a building on Park Avenue in Manhattan. The painting is estimated to be worth approximately $25 million. One day, Felicia realizes that the painting needs historic preservation to repair some cracks in the frame of the painting. She arranges for a company to pick up the painting and transport it to the Metropolitan Museum of Art, which will repair the cracks in exchange for the right to display the painting in its exhibition for the next 10 years. Unfortunately, someone at the transportation company has leaked the information about the painting, and two thieves decide to steal the painting. As the painting is being loaded onto the truck on Park Avenue, the two thieves steal the painting from the man loading it into the truck. As the thieves are walking away with the painting, Felicia comes down to the street and starts running after the thieves. At this point, the thieves are continuing to run away with the painting, and Felicia realizes that the only way to stop them from absconding with the painting is to pull out her gun and shoot both of them in the back. Which statement is most correct?

Felicia had no right to use deadly force to defend her property.

Felicity opens the door of her house. Standing in front of the house is a solicitor asking for donations for a local charity. Felicity interprets the requests as a demand for money that will be backed up by physical force if she does not comply. Instead of turning over the money, Felicity pulls out a gun and kills the solicitor. Felicity is charged with murder but wants to assert self-defense. Which statement is most accurate?

Felicity will be justified if she believed that she faced an imminent threat of serious bodily injury and her belief was reasonable.

Frank is the owner of a farm. He has a barn where he houses pigs and other farm animals, as well as farm equipment. Unfortunately, neighborhood teenagers frequently break into the barn to steal equipment or to have parties there while Frank is away from the farm. Fed up with his inability to prevent this illegal theft and trespassing, Frank builds a spring gun and attaches it to the front door. The machine is linked to the front door of the barn, so that if someone opens the door, a mechanical lever will pull the trigger of a stationary rifle that is mounted on wood planks in the center of the barn. A small sign is placed to the right of the front door of the bar that reads, "Trespassers will be shot." Frank only activates the machine when he is away from the barn. One day, a local teenager tries to break into the barn and is shot by the spring gun and dies. Which of the following statements is most true?

Frank is not justified because he was not present in the barn.

Bill & Paul are rivals at work. Bill is the new favorite of the boss. Bill has been bragging to friends and coworkers that Paul is on his way out and that Bill is better and smarter than Paul and that he will go to the top of the company. Paul tells a friend that Bill's days are numbered. The next day Paul shoots Bill in the head. Paul is charged with murder. He claims that he did not act with malice. He is likely to be found?

Guilty because he had the intent to kill Bill.

A fleeing bank robber ran into a school and took the principal hostage at gunpoint. The police, who had received a detailed description of the clothing the robber was wearing, surrounded the school and demanded that the robber come out with his hands up. When it began to get dark, the robber ordered the principal to undress, and the robber switched clothing with the principal. He tied the principal's hands to his side and pushed the principal out the door first. Seeing that the first person out of the door did not emerge with hands up and that the person was wearing clothing the robber was described as wearing, a police sharpshooter shot and killed the principal. The robber was captured and put on trial for the murder of the principal. The jury should find the robber:

Guilty, because changing clothes with the principal was an act taken with extreme indifference to an unjustifiably high risk to human life.

Under Common Law, what is the definition of Manslaughter?

Homicide without malice aforethought.

Under the Pennsylvania Model, what is Second Degree Murder?

Intentional killings that are not premeditated. Intent to commit grievous bodily injuries and depraved heart killings fall under this category.

It is rush hour and Sally is driving down the street and approaches a traffic signal at a high trafficked area in downtown Knoxville. As she approaches, she sees that the signal has turned yellow but proceeds through the intersection anyway as it turns red. As a result of her running through the light, she hits and kills a lady in another car. Using the common law view, Sally can be charged with what?

Involuntary Manslaughter

A brother and sister were in the middle of a very large lake on a fishing trip, out of sight of land, when their boat ran out of gas. The brother spotted a large fishing boat in the distance. Knowing that fishing boats carried extra gas cans on board, the brother and sister paddled toward the other boat. The brother told his sister to sneak onto the other ship and steal a gas can. The sister got onto the other boat and grabbed a gas can when a fisherman on the boat, who was 6'6" tall and weighed 250 pounds, grabbed her arm. The sister was terrified and picked up a heavy bucket and hit the fisherman on the head; he slumped to the ground apparently dead. The brother then ran up and told the sister that the fisherman was dead and that they had to put him in the water so it would look like he drowned after slipping and falling off the boat. They thereupon put the fisherman in the water without attempting to determine if he was alive or dead. Later, a medical examination showed conclusively that the blow only knocked the fisherman out; he died of suffocation due to water in the lungs. The brother was charged with causing the death of the fisherman. If the jury believes the brother's story that he thought the fisherman was already dead before he and the sister put the body in the water, although he had made no effort to determine if the fisherman was alive, the killing was:

Involuntary manslaughter.

Oskar is at work and gets into a dispute with his co-worker. The co-worker screams at him, "You did such a bad job on that assignment you should just go away and die." Oskar responds by pulling out a gun and shooting the co- worker, who dies. Oskar is charged with murder. At trial, Oskar argues that he was justified by self-defense because he believed that he faced an imminent threat from his co-worker. If the jury concludes that Oskar's belief was sincere but unreasonable, what crime will Oskar be convicted of?

Manslaughter, if the jurisdiction recognizes the doctrine of imperfect self-defense.

Late one Sunday night, Marino is watching TV in the basement of the home he rents. He hears glass breaking and runs up the stairs. He sees that an intruder has broken into the front hallway, thinking that the house is unoccupied. Marino picks up a gun and shoots the intruder. The prosecutor charges Marino with murder. However, Marino's lawyer asserts self-defense. Which of the following statements is most correct at common law?

Marino is guilty because he had a duty to retreat.

George came home after a long day at work. When he opened the door to the bedroom, he found his wife in bed with the neighbor. The wife told George that she never loved him and that she never thought he was man enough. The neighbor laughed in George's face. Visibly upset, George left the house. After spending the night in a hotel and armed with a gun he usually kept in his car, George came back home where he shot and killed his wife. Will George be convicted of murder or voluntary manslaughter at common law?

Murder

What is the Pennsylvania Model for Murder?

Murder is divided into two degrees: First Degree Murder and Second Degree Murder.

Victor works at a financial company. Victor is engaged in a massive financial fraud that involves a pyramid scheme. Individuals believe that their money is being invested in the stock market when, in reality, Victor is using the money to finance his lavish lifestyle. During the course of this fraud, Victor has a meeting with one of his clients, who eventually learns about the massive fraud and gets so upset that he suffers a heart attack and dies. Victor is charged with felony fraud for the pyramid scheme. The prosecutor also wants to charge Victor with felony murder because the jurisdiction applies the felony murder rule. Is this charge legitimate?

No, because fraud is not an inherently dangerous felony

The defendant bought a new bow and arrow set at a local sporting goods store and went to a public park to try it out, even though he knew that practicing his marksmanship at the park was a violation of park regulations and constituted a misdemeanor. Right at the moment that the defendant fired his first arrow, a park ranger yelled at him from a distance to "stop shooting, stupid." Perturbed that he was caught so early, the defendant decided to fire an arrow a couple of feet above the ranger's head. Unfortunately, the defendant's aim was slightly off, and the arrow struck the ranger right between the eyes, killing him instantly. The defendant is charged with homicide for the park ranger's death. At trial, the jury was given instructions on common law murder and manslaughter. If the jury believes the defendant's testimony that he did not intend to hit the park ranger with the arrow, the most serious charge for which the jury may find him guilty is what?

Murder.

Thomas is a farmer who is driving his tractor across a field. Thomas gets into an accident when he collides with a neighboring farmer's tractor on a shared dirt road. The collision results in Thomas's tractor getting overturned in a muddy ditch with the arm of the other farmer trapped under Thomas's tractor. Thomas tries to move the tractor out of the muddy ditch despite the fact that he knows that doing so will result in catastrophic damage to the other farmer's arm, requiring its amputation. Thomas is charged with assault. At trial, Thomas argues that his actions were justified by necessity because they were required in order to protect his property (his tractor) from permanent damage. Which of the following statements is most correct?

Necessity is not available as a defense, because the harm imposed was greater than the harm avoided.

Sleepy driver drifted off the road and hit and killed a jogger. What crime has driver committed?

Negligent homicide

At Common Law, what is Involuntary Manslaughter?

Negligent homicide. Generally, established when accused acted with gross negligence.

A political activist, stopped while driving his car by a police officer in a patrol car, believed that the officer had stopped him solely because a large sign painted on the side of his vehicle proclaimed him a member of a controversial political organization. When additional police units arrived at the scene, the activist was convinced it was a setup. Although unarmed and slightly built, the activist swung his fist at the original officer. Another officer, seeing this, drew his revolver and shot the activist in the stomach. The activist then seized the revolver of the officer he had punched and shot at the second officer, missing him and killing an onlooker.At the activist's murder trial, his expert witness, who was not contradicted at trial, testified that the activist was rendered unconscious by being shot in the stomach. In the absence of a felony murder or misdemeanor manslaughter rule, the most serious crime for which the activist can be convicted if the jury accepts the expert's testimony is:

Neither murder nor manslaughter, because the activist was unconscious when he shot the onlooker

D and three others burglarized a residence and police responded. All individuals ran and D was apprehended. His co-felon was caught and fired at an officer. Officer shot and killed unarmed co-felon. Charge: felony murder, burglary (felony) Can a co-felon get felony murder for co-felon's death by police officer in a jurisdiction with an agency approach ?

No

Defendant causes the death of a child who has cancer. He does this by falsely claiming to the parents that he has a wonder cure for the child. He doesn't have such a cure. Basically what he was doing was taking money from a terminally ill patient or in this case parents and tragically the child died quickly for lack of proper medical care. What is the felony? He took money from parents by false pretenses, a classic example of theft. He took the money based on the false pretense that he could cure the child whom he knew he really couldn't cure. The question becomes whether this crime of theft is an inherently dangerous felony?

No

I am at a party looking for my arch enemy Rachel. I hate her guts and want to kill her. I go to the party with a knife intending to kill her. As I see her I approach her and pull out the knife. I yell to her, "I am going to kill you!" She then pulls out a gun and says she is going to kill me first. I then become so afraid (as I never expected that she would have a GUN!) that I stab her in order to protect myself.Will I be able to successfully use the defense of Self Defense at trial?

No

Joe is having a fight with his wife at home. Suddenly the wife throws a dish at Joe screaming, "I wish you were dead, you bastard!" The dish hits Joe on the shoulder without hurting him. Immediately thereafter, Joe pulls out a revolver and shoots his wife once, killing her. At trial, Joe states he acted in self-defense, since he feared his wife was going to kill him. Will his defense succeed?

No

While in a supermarket parking lot, John cut Sue off and took a parking spot. He then walked into the store. Sue, who was also shopping in the supermarket, saw John inside and started to follow him. When they both left the store, she grabbed a golf club from her car and started to yell at him for taking the spot. Sue started swinging the club at John. He pulled a knife from his pocket and stabbed Sue, killing her on the spot. John was arrested. At trial, John claims he killed her in self-defense; would his defense succeed?

No

A state statute contains the following provisions: ""Murder in the first degree is the killing of a human being without justification and with premeditation. Murder in the second degree is any murder which is neither a murder in the first degree nor a murder in the third degree. Murder in the third degree is any killing that occurs during and as a result of the commission of a felony."" The jurisdiction also provides that robbery is a felony for purposes of the felony murder rule. A robber held up a convenience store with a knife. After the store clerk handed over all the money in the register, she retrieved a pistol from a drawer behind the counter. When the robber turned to leave, the store clerk pointed the gun at the robber and shouted, "Stop or I'll shoot!" The robber ducked behind the end of an aisle, and the store clerk shot three times in the robber's direction. One of the bullets bounced off a pillar and struck the only other customer in the store, who was crouched behind a counter, killing him instantly.The crimes below are listed in descending order of seriousness. What is the most serious homicide crime of which the store clerk can be convicted?

No homicide crime.

Does Premeditation and Deliberation impact the degree of a Murder under the Model Penal Code?

No, a purposeful killing is murder whether you thought about it for a second or a year.

Fred owes money to Joe. One night, Joe meets Fred outside a bar. Joe points a gun at Fred's temple and tells him: "If you don't have my money ready by tomorrow, I will shoot you." Fred swiftly pulls out a knife from his pocket and stabs Joe in the stomach, killing him. At trial, Fred claims he killed Joe in self-defense; would his defense succeed at common law? Why or why not?

No, because it is not imminent

Donald and Mickey are rival gang members. One day Donald hears a fellow gang member, Daffy, say that he plans to kill Mickey at his first opportunity because he heard Mickey was planning to attack him. Donald knows that's not true but doesn't say anything to Daffy. The next day Daffy kills Mickey. If Donald is charged with murder for Mickey's death he is:

Not Guilty.

A father did not like his daughter's boyfriend. One night the father came home and found the daughter and the boyfriend in the den with the lights out. The father grabbed the boyfriend and told him to get out of the house and threatened to beat the boyfriend up if he did not leave immediately. When the boyfriend did not leave, the father grabbed a poker from the den fireplace and raised it above his head in a threatening manner. The boyfriend threw a heavy ash tray at the father, hitting him in the side of the head and killing him. The boyfriend was charged with murder. The jury should find the boyfriend:

Not guilty, because a poker is a dangerous weapon.

While in a department store, a man picked up a sweater and slipped it under his shirt. The man then started for the door. A woman, who also was shopping in the store, saw the man take the sweater. The woman grabbed a baseball bat from the sporting goods aisle and chased the man into the parking lot. The woman began swinging the bat at the man's head, hoping to knock him out and thus prevent the theft. The man pulled a knife from his pocket and stabbed the woman, killing her. The man was arrested and charged with murder. At trial the man will most likely be found:

Not guilty, because the man was acting in self-defense.

A hunter saw what he thought to be a deer in a copse of trees. To approach the trees, the hunter had to climb over a fence posted with "no hunting" and "no trespassing" signs. He stalked the deer, fired, and discovered to his chagrin that he had just shot a large bull. The owner of the property, a rancher, heard the shot and grabbed his shotgun, fearing that hunters had shot another one of his cattle. When he arrived at the copse of trees and discovered that the hunter had killed his prize bull, he became enraged and ordered the hunter to get off his property in extremely abusive language. Instead of leaving immediately, the hunter said, "It's just a damn cow!" The rancher raised his shotgun and fired at the hunter, narrowly missing him. When the rancher operated the pump-action of the shotgun and raised it again, the hunter shot and killed him. In the hunter's prosecution for murder, he should be found:

Not guilty, because the owner attacked him with deadly force.

What is Deliberation (in the context of Malice)?

Quality of thought (how clearly the defendant was able to think about the killing).

What is Premeditation (in the context of Malice)?

Quantity of thought (amount of time thinking about the killing).

Sleepy driver kills a jogger. He drifted off the road once before hitting and killing a jogger. What crime has driver committed?

Reckless manslaughter

Romeo and Juliet had been married for 60 years. Juliet has stage 4 cancer and is in extreme pain. She repeatedly tells Romeo if he loves her, he will end her suffering. Because of his love, Romeo gives her an overdose of pain medications during a meal and she dies in her sleep. If the district attorney charges Romeo with murder, what is the most likely outcome?

Romeo is guilty of first-degree murder.

Heather is accused of killing Baxter with "depraved indifference to human life." What category of homicide will most likely be listed on the charging instrument?

Second-degree murder

One night when a man was very drunk, he took one of his rifles, loaded it, and fired a bullet through his front door. Unbeknownst to him, at the time he fired the rifle, someone was driving by the house. The bullet went through the front door, through the window of the car, and killed the driver. The shooter was convicted of murder and appeals. He contends that there was insufficient evidence to support a finding of murder. The court of appeals should rule that the evidence is?

Sufficient to prove that the killing was done with malice aforethought.

When proving that a person committed Murder with the Malice of Intention to kill, what must the prosecution examine to show he acted with this level of malice?

That the Defendant acted with Premeditation and Deliberation.

Harold drives erratically down a country road and gets into an accident, killing another motorist. Harold is charged with the felony of "driving dangerously" and also with felony murder. Harold's defense counsel argues that the felony murder doctrine cannot be applied because the triggering felony was not inherently dangerous. How will the court determine if the felony of driving dangerously is inherently dangerous or not?

The court will analyze the crime of driving dangerously in the abstract to see if it necessarily involves conduct that is inherently dangerous.

The state has the following homicide statutes: Murder is the unlawful killing of a human being with malice aforethought. Such malice may be express or implied. It is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. It is implied when no considerable provo-cation appears or when the circumstances attending the killing show an abandoned and malignant heart. All murder that is perpetrated by willful, deliberate, or premeditated killing or committed in the perpetration of or attempt to perpetrate arson, rape, robbery, or burglary is murder of the first degree. All other kinds of murders are of the second degree. The defendant and her associate entered a jewelry store to shoplift a diamond bracelet. Just as the defendant put the bracelet into her pocket, a sales clerk saw her and grabbed her by the wrist. The associate grabbed a knife from one of the silver displays and lunged at the sales clerk, but then a store guard shot and killed her. The defendant is charged with the first degree murder of her associate. Which of the following is the defendant's strongest argument?

The defendant cannot be convicted of murder because the associate's death was not murder but justifiable homicide.

A classmate invited his friend over for a few drinks before they joined some other friends at a nightclub. The classmate thought it would be fun to get his friend drunk before they departed, because he had a reputation of being rather straight-laced. The classmate served his friend five alcoholic drinks before leaving for the nightclub. As a final measure to assure an interesting evening, the classmate sprinkled a pinch of a hallucinogenic drug into his friend's last drink. On the way to the nightclub, the classmate noticed that his friend was becoming uncharacteristically aggressive but continued driving anyway. When the two arrived at the nightclub door, they were asked for identification. The friend refused and got into an argument with the bouncer. When the friend would not leave the premises, the bouncer pushed him away to prevent him from entering. The friend retaliated, and a fistfight ensued. The bouncer subdued the friend but was injured in the process. The police were summoned, and criminal battery charges were brought against the friend. Which of the following presents the friend's best argument to avoid criminal liability?

The friend was unaware that the final drink contained a hallucinogenic drug.

A motorist drove home from work late one night, and fell asleep behind the wheel of his car. His car drifted across the middle of the road and struck another car. The other driver was killed instantly in the collision. Angered by the noise of the collision, a homeowner fired a gun out the window of his house at the car. The bullet struck and killed a bystander. Both the motorist and the homeowner were arrested and charged with common law murder. Which of the defendants likely would be found guilty?

The homeowner.

Two robbers planned to rob a local convenience store, with one using a gun to force the clerk to turn over all of the money in the cash register while the other stood lookout near the door. The robbery did not go as planned. Instead of turning over any cash, the store clerk tried to disarm the gunman. During their struggle for the gun, the lookout decided that her best course of action was to grab what she could and flee the scene. The lookout took a newspaper and a bag of potato chips and ran out of the store. On her way out, she heard a gunshot. Later that day, she learned from news accounts that the gun accidentally discharged, killing the gunman. After an investigation, the lookout was arrested. If the lookout is charged with felony murder, her most promising defense would be:

The killing occurred after the robbery was over.

What is Common Law Murder?

The killing of a human being by another with malice aforethought

What is the definition of "Common Law Murder?"

The killing of a human being by another with malice aforethought.

Jackson is walking down a dark alley. In the distance, he sees a teenager attacking a homeless man. The attack looks vicious and it appears that the homeless man is on the verge of being substantially injured or even killed. Jackson screams at the teenager to stop, but the teenager ignores the verbal injunction. Fearing that the homeless man was facing imminent death or serious bodily injured, Jackson pulls out a gun and shoots the teenager. Which of the following statements is most true in a jurisdiction following the majority rule?

The legal conditions for Jackson's justification are the same as self- defense except that the target of the threat was the homeless man, not Jackson, and Jackson had a reasonable belief that the homeless man was in danger.

Under the Model Penal Code, what is Manslaughter?

The reckless killing of another or killing another under certain circumstances that would ordinarily constitute murder but it is committed as a result of "extreme mental emotional disturbance for which there is reasonable explanation or excuse."

Two men drinking at a local bar got into a heated argument. The small, slightly built man knew that the large burly man had a short fuse, yet continued to argue with him. The larger man insulted the smaller man's religion and national origin, whereupon the smaller man spat on the other, who responded by pouring a glass of beer over the smaller man's head. The smaller man then punched the larger man in the nose, catching him off guard and knocking him to the floor. The larger man got to his feet, pulled out a knife, and advanced toward the other, who was standing by the door. The smaller man reached inside his boot and drew out a small gun and shot the larger man, killing him instantly. The jurisdiction makes it a crime to carry a concealed weapon. The smaller man is charged with murder. If the smaller man claims the killing was in self-defense, which of the following is the most helpful to the prosecution?

The smaller man was standing very close to the door and could have broken off the affray if he had chosen to do so.

Fitzsimmons is a passenger on a luxury cruise liner. The ship hits an iceberg while traveling through arctic waters, takes on water, and begins to sink. Fitzsimmons is below deck and needs to get above deck quickly or he will drown. The only escape route is a short ladder to an upper deck. Unfortunately, as the water is rushing in, another passenger named Bob is frozen in fear while trying to climb up the ladder. Fitzsimmons will drown unless he gets to the upper deck, and so he shouts several times at Bob to get moving. When Bob's paralysis continues, Fitzsimmons finally grabs Bob and pushes him off the ladder. Bob plunges into the rushing water, while Fitzsimons escapes up the ladder to the next deck. Fitzsimmons is charged with assault but wants to claim a defense. Which statement is most accurate?

This situation is one of necessity.

Suppose my arch enemy, who is unarmed, tells me he's going to go into the bedroom right now and get a gun, come back and kill me, and he means it. Will I be able to claim self-defense if I, in fear for my life, kill him right then? Under common law? Under MPC?

Under common law, no; under MPC, yes

D and three others burglarized a residence and police responded. All individuals ran and D was apprehended. His co-felon was caught and fired at an officer. Officer shot and killed unarmed co-felon. Charge: felony murder, burglary (felony) Can a co-felon get felony murder for co-felon's death by police officer in a jurisdiction with a proximate cause approach?

Yes

Jack is under stress from the current economic crisis and decides that he is going to rob the local Chase Bank in his neighborhood. Jack is really a big scaredy cat and decides that he is going to use a plastic toy gun. He does not want anyone to be injured and he does not even want to scare anyone so he goes into the bank and even whispers his demands. In spite of all of Jack's precautions, a customer dies of a heart attack while Jack is robbing the bank. Will Jack be held criminally responsible as a felon for the death of this weak hearted customer?

Yes

Let's say I pull out that knife and I'm going to use it on the victim, Rachel, and Rachel, the would-be victim, pulls out a gun and I drop my knife and I run and I say "forget it, forget it, forget it," and Rachel continues to run after me and says "I'm gonna kill you, you S.O.B.!" Now fearful I pull out a gun that I so happen to have and I turn around and I kill her. Have a regained my ability to claim self defense?

Yes

Suppose we have an aggressor, an elderly, frail, 85-year-old man, holding a knife and about to stab me with no good reason. Can I shoot him to death?

Yes

Faust is an auto mechanic. A customer from out of town comes in to Faust's shop and requests that new brakes be installed on his car. Instead of using new breaks, Faust decides to save some money and install used brakes on the car, while telling the customer that he is getting brand new brakes. Faust's reasoning for the fraud is that the customer is from out of town and will be unlikely to complain about the substandard work. A week later, the brakes fail and the customer gets into a single car accident and dies. Is Faust guilty of involuntary manslaughter?

Yes, as long as Faust should have been aware of the risk associated with the brake failure and if Faust consciously disregarded a substantial and unjustified risk of death associated with the brake failure.

Trisha commits arson. She burns down a commercial building in order to collect the proceeds from an insurance policy. Trisha assumes that the building is unoccupied because it is the middle of the night. However, she turns out to be wrong. A night-time cleaning crew is in the building, and four of them die during the fire that Trisha set. Is Trisha guilty of felony murder?

Yes, because even an unintentional killing during the course of a felony constitutes felony murder in many jurisdictions

Jackson assaults Andrew after the two of them get involved in a verbal dispute in a drinking establishment. Andrew is severely injured by a series of punches from Jackson that strike Andrew repeatedly in the head. Two days later, Andrew dies from his injury. However, Jackson only wanted to injure Andrew and did not intend for him to die. Jackson is charged with manslaughter in the death of Andrew. Can he be convicted of this offense in a jurisdiction that follows the Model Penal Code?

Yes, but only if Jackson consciously disregarded a substantial and unjustified risk that Andrew might die from the assault.

Farley robs a bank armed with a handgun. After leaving the bank with the money, he flees on foot. The teller at the bank activates an alarm and the police are dispatched. The police catch up with Farley a few yards from the bank, where a shoot-out occurs. Farley fires his gun at a police officer. The police officer returns fire, but instead of the bullet hitting Farley, the police officer's bullet hits an innocent bystander, who is instantly killed. Farley is captured, arrested, and charged with armed robbery. Is Farley also guilty of felony murder?

Yes, but only if the jurisdiction uses the proximate cause approach for determining whether the killing was in furtherance of the felony

Missy is Andrew's serious girlfriend. One day, Missy learns that Andrew is having an affair with another woman. Enraged, Missy confronts Andrew and stabs him to death. Is Missy guilty of manslaughter in a jurisdiction that applies the Model Penal Code?

Yes, if Missy was acting under an extreme emotional disturbance.