Here's a law school exam question, have fun with it! - Page 2

#16 12-19-2001, 02:33 PM

For some reason I do think that he could be charged with Murder b/c there was Intent (also we dont know whether the man could have been saved, etc.) However, I dont think a jury would convict on it. They go for a firearms charge or lower manslaughter.

lifesaver · #17 12-19-2001, 03:21 PM

He had the requisite intent, and means motive and opportunity. I think they covered this one on law and order one time, and they mad the analogy of shooting a man as he was falling out of a window at 45 stories. They said it was an "old law school" quiz. I dont rememer what they said on the show the answer was, but its also TV, too.

As long as you dont go posting collateral estoppel questions, we OK.

DeltaBetaBaby · #18 12-19-2001, 03:34 PM

It was a crime of passion, not a pre-meditated, so I believe the intent to kill is void. I don't think the man could be charged with anything.

shultzz · #19 12-19-2001, 03:55 PM

Who cares? It all gonna come down to who has the best lawyer. If he is a white guy with $$$ he will get slapped on the wrist. Black guy with no money and he will hang.

Our legal system isn't exactly an exact science. One DA might charge the hubby with one crime and another DA might charge him with something else. One jury might think he is innocent and another might think he is guilty.

UofIL AXO · #20 12-19-2001, 04:30 PM

Good answers by everyone! How long to we have to wait for the real answer, I'm waiting in suspense

PKTSU01 · #21 12-19-2001, 05:15 PM

Quote:

Originally posted by UofIL AXO
Good answers by everyone! How long to we have to wait for the real answer, I'm waiting in suspense

ya gonna have to wait a bit longer, i still want to hear from some of the honeys on the site that are already in law school and see what their take is.

damasa · #22 12-19-2001, 05:19 PM

Great question.
Well, I don't think the man could be brought up on any charges of intent to kill, attempted murder or anything in that area. Intent, maybe, but it was like others have said, a crime of passion, not thought out. Attempted murder of what? Someone that was already dead? I think the guy could be brought up on some kind of charges involving the gun, if it is registered or not, shooting it within city limits, or maybe some kind of domestic violence charge.

But, I don't think he could be brought up on any other chargers, how can you attemtp to kill something that is already dead, or have the intent to kill something that is no longer living.

Let's hear the real answer please?!?!!?

d

LexiKD · #23 12-19-2001, 05:34 PM

Well, I assume it isn't murder, but he cannot claim to assume the man was dead so he did try to kill him b/c all he knew was he was alive.

I would kill the neighbor for calling the police, it didn't give them time to get their story straight!

How do you prove the man was dead prior to being shot?

Tom Earp · #24 12-19-2001, 05:45 PM

Criminal intent or not and it is a proven fact that he died before he was shot will in no way make it a murder conviction!
He could have been charged with destruction of private property, firing a weapon in city limits, having an unregistared weapon.

he may be charged with intent to do bodily harm!

One of the guys on my ex PD found a guy in his bed with his wife and shot him in the balls! The guy was a cadet or should I say an ex cadet!

Drew was the best butt shooter on the Department!

I would be very interested to hear what the decision was!!!!!

Do not hold onto us to long!

valkyrie · #25 12-19-2001, 06:00 PM

Okay, here's my answer...

Oh, never mind...I don't want to ruin the fun!

damasa · #26 12-19-2001, 06:04 PM

Quote:

Originally posted by valkyrie
Okay, here's my answer...

Oh, never mind...I don't want to ruin the fun!

RUIN IT BEFORE I RUIN YOU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
lol j/k
I'd just really like to know what would happen in this type of situation.

d

valkyrie · #27 12-19-2001, 06:28 PM

Okay, damasa, just for you...

This only applies to the question about whether someone can be charged with attempted murder when the victim is already dead. I'm not getting into the "crime of passion" stuff because I am still scarred from sitting through criminal law classes where we would read case after case where the guy kills the wife and her lover and gets acquitted or goes to jail for about 5 minutes, and case after case where a woman, after being tortured and abused by her husband for 20 years finally snaps and kills him and gets a life sentence. Ugh.

ANYWAY... according to the Illinois statute:

A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense.... It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense intended.

So yes, you can be charged with attempted murder if the victim is already dead (i.e., murder was impossible), if you intened to commit murder. In the factual scenario presented, there may not be intent to commit murder, but the fact that the victim was already dead does not preclude such a charge. Of course, in other states the law may be different.

At least that's my understanding, based upon 2 minutes of research. Criminal law can be very odd, and common sense does not always prevail.

bruinaphi · #28 12-19-2001, 06:50 PM

Quote:

Originally posted by shultzz
Who cares? It all gonna come down to who has the best lawyer. If he is a white guy with $$$ he will get slapped on the wrist. Black guy with no money and he will hang.

Shultzz -- the black guy with no money is likely to get a better defense attorney than the white guy with lots of money b/c public defenders TEND to be the best defense attorneys you can get in murder trials (they defend a whole lot more of them). My friend was murdered last year and we keep praying that the murderer's family will scrape together the cash to pay a private defense attorney b/c the PD she got is one of the toughest around.

Valkyrie is correct about the attempted murder answer. Whether he would be charged with attempted murder, manslaughter or some degree thereof would depend upon the state. The Illinois statute is (for the most part) a codification of the common law definition of attempt.

You cannot charge murder b/c you cannot murder someone who is already dead. There are other statutory crimes that he could be charged with as well, but those would also vary based on state, evidence and circumstances.

valkyrie · #29 12-19-2001, 06:55 PM

Lauradav, I'm really sorry to hear about your friend.

lyrelyre · #30 12-19-2001, 06:55 PM

Quote:

Well it was a stranger in his house so under Texas law he was in his legal rights to shoot him.

We have this law in Oklahoma too.

However, I don't think this is fully true. The wife did invite him in to the house. If this was the case I wouldn't visit someone in their home until I had met every member of the household.