Criminal Law Midterm

Midterm Criminal rightfulness State v. Doug Homicide The unlawful taking of the life of one mankind being by some other. Actual Causation The suspects act mustiness obligate been the relieve one egotism-importance in fact of the victims closing. Without the suspects actions, the victim would not extradite died. But for Doug shooting and cleanup position tomcat, he would not have died. Proximate Causation A subscribeants actions are the proximate drift of the victims death if the result occurs as a consequence of the confineants act. on that point is no other casually connected act. The defendants ingest is the direct cause of the harm.Doug was the sole causal agent, and he brought about Toms death by shooting and kill 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 intention to cause the death of, or grievous bodily harm to, a human being. Be cause Doug shot and killed Tom he depart be wayd with reach. Because Doug went to a nearby drawer to grab a gun, and then shot Dan, at that place was malice aforethought. First Degree Murder First grad discharge is score where there was premeditation, deliberation, and then pass onful killing.Doug was fearing for his life and did not have premeditation or deliberation. Doug will not be convicted of first percentage point murder. Second Degree Murder Second degree murder is murder where there is malice aforethought still 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 passion, after adequate discomfort. The Model penal Code declares that a killing which otherwise would be murder is manslaughter under certain conditions.Because Tom threatened to beat Doug sternly, and Doug then feared for his life, there was l egally adequate provocation. Doug will argue that the killing was done in the heat of passion. Under the Model Penal Code, the killing would be considered committed under extreme emotional or mental disturbance . Because there was no cooling off completion brought on by the sudden provocation, at a time when intellect was disturbed, so there was no mens rea. Doug will be eligible for reduction to voluntary manslaughter. Self DefenseSelf defense is a commonplace right to defend oneself against the use of unlawful upshot. One may defend oneself with deadly force only if the attacker threatens him with serious bodily harm. Doug will contend that Tom threatened to beat him badly, and he was reason himself from serious bodily harm. Doug believed that he was in imminent danger, had no route 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 jury will have to decide if Doug was the initial 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 more(prenominal) valuable than property. Doug will argue that he was defending himself and his property and was performing 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.