Criminal Law Midterm

Midterm Criminal Law State v. Doug Homicide The unlawful taking of the life of one human being by another. Actual Causation The defendants act must have been the cause in fact of the dupes death. Without the defendants actions, the victim would not have died. But for Doug shooting and cleanup Tom, he would not have died. Proximate Causation A defendants actions are the immediate cause of the victims death if the result occurs as a consequence of the defendants act. There is no other casually connected act. The defendants conduct is the direct cause of the harm.Doug was the sole causal agent, and he brought about Toms death by shooting and killing him. Therefore, Doug was the proximate cause of Toms death. Murder Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought is the use to cause the death of, or grievous bodily harm to, a human being. Because Doug shot and killed Tom he will be fritter awayd with tally. Because Doug went to a nearby drawer to grab a gun, and then shot Dan, there was malice aforethought. First stage Murder First degree execute is murder where there was premeditation, deliberation, and then willful killing.Doug was fearing for his life and did not have premeditation or deliberation. Doug will not be convicted of first degree murder. Second Degree Murder Second degree murder is murder where there is malice aforethought but it was not premeditated. Because Doug did commit murder but did not premeditate, his charge will be second degree murder. Voluntary Manslaughter Voluntary manslaughter is a killing done on a sudden, in the heat of love life, after adequate provocation. The computer simulation Penal Code declares that a killing which otherwise would be murder is manslaughter under certain conditions.Because Tom peril to beat Doug badly, and Doug then feared for his life, there was legally adequate provocation. Doug will argue that the killing was done in the heat of passion. Under th e Model Penal Code, the killing would be considered committed under extreme emotional or mental disturbance . Because there was no cooling off consummation brought on by the sudden provocation, at a time when reason was disturbed, so there was no mens rea. Doug will be eligible for reduction to instinctive manslaughter. Self DefenseSelf defense is a general right to defend oneself against the use of unlawful world power. One may defend oneself with mischievous force only if the attacker threatens him with serious bodily harm. Doug will contend that Tom threatened to beat him badly, and he was defending himself from serious bodily harm. Doug believed that he was in imminent danger, had no way to retreat, and that the use of deadly force was necessary to protect himself. The Jury will have to decide if Dougs deadly force was excessive. Toms words carry a threat of serious bodily harm, but there was no unlawful force taken.Also, the venire will have to decide if Doug was the initi al aggressor. Defense of Property Use of force to defend ones property or ones self from harm is justified. A homeowner generally cannot use deadly force to defend his property. This is based on the judgment that human life is much valuable than property. Doug will argue that he was defending himself and his property and was acting in self defense. Doug should be able to mitigate a charge of murder to voluntary manslaughter. Because there was no unlawful force against Doug, self defense will most likely not be attainable.