Humanities Homework Help

Dan has been in and out of mental institutions most of his life. While working in a grocery store stocking shelves, 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.

1. 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

1. MURDER: The crime of unlawfully killing a person especially with malice aforethought.
   1. 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.
      1. Mens rea (evil mind): evil intent; the more evil the mind, the more intent.
      2. Actus reus (wrongful act): the act was purposeful.
      3. Concurrence: intent and act must be simultaneous.
      4. Causation: act and intent must work together to be the cause.
      5. Harm: act and intent must be the cause of actual harm.
   2. 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.
   3. 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.
   4. PRIMA FACIE CASE- Intentional infliction of a harmful or offensive contact with the person of
   5. 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.
   6. FIRST DEGREE MURDER: willfulness, deliberation, and premeditation to take a human life.
      1. 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:
         1. The murder of law enforcement officer
         2. Using unreasonable force that results in the murder of a child
         3. Murder occurring in the commission of other felonies, such as rape, kidnapping, and other violent crimes.
      2. 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.
   7. 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.
      1. Penalties and Sentencing for Second-Degree MurderGenerally, 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.