Professor Scott Ciocco
March 06, 2011
I intend to show how the 19 year old female committed the criminal act of first degree murder and how a 62 year old elderly man committed manslaughter protecting his home. The 19 year old female went out with two male friends who came back to her home and raped her. After thinking about the horrific act that happened to her, she decided to invite them back for anotheI ir “date”. When the men came to her home, she shot and killed one of them as the other man fled. The 62 year old man was asleep in his home when he heard a noise in another part of his house. The elderly man armed himself with a loaded pistol and went into the hallway. When they began to approach him, he shot and killed both of them. Were the acts forceful? Were they justifiable?
The Law Governing the Use of Force
The 19 year old female defendant was out with two men she apparently knew and eventually the outing ended with them returning to her domain. Since we do not know exactly what took place, let’s envision her being forcibly raped by the alleged as one held her while the other raped her, and vice versa. After the alleged assailants departed, the defendant showed signs of anger and disillusion. At this time, the defendant began to plot a way(s) to punish the men so they will not ever harm her or any other woman again. Still envisioning, the defendant loaded the gun with live ammunition and waited for her predators to come. Maybe she did not want to kill them! Maybe she only wanted to frighten them or harm them in a way they would never attempt to do to anyone else what they did to her. BUT, she did load the gun and when they appeared she aimed the gun and pulled the trigger knowing the bullets would cause bodily harm that could also cause death. The law states that pointing a firearm at another person and pulling the trigger to kill or seriously wound another person is a forceful act and is classified as the Deadly Weapon Doctrine. The laws also states that the intent to take another human’s life is First Degree Murder. However, it could be argued that the defendant was so distraught by the illegal act that was done to her that she became temporarily insane. Yes, she had time to think about the illegal act and the more she thought about it, the harder it was to come to terms with it and the more pronounced it became. Her mind was consumed with what happened to her. The law states that she committed a forceful act and should be charged with first degree murder and weapons offenses. Fact: After constantly thinking about the altercations, the 19 year old invited the alleged assailants back to her home for another date, which is classified as premeditated or first degree murder, because she planned out her crime before acting on it. (Gardner & Anderson, 2009) The law states a person commits first degree murder if he kills another person without justification and does so intentionally or he knows such acts will create a strong probability of death. (Gardner & Anderson, 2009, p. 239) Fact: A forceful act committed.
The law states that “deadly force” is force that is likely to cause or is capable of causing death or serious bodily injury. (Gardner & Anderson, 2009, p. 107) Fact: The defendant pointed a shotgun at another person and pulled the trigger and shot him. The law states that if a person points a weapon at another person and pulls the trigger, it is classified as the “deadly weapon” doctrine. (Gardner & Anderson, 2009, p. 240) Fact: The defendant was so traumatized by the rape that her mind was consumed with what happened to her to the point she couldn’t eat or sleep, thereby claiming diminished capacity or temporary insanity. The law states that under the M’Naghten rule, defendants are not legally responsible for their acts if at the time they were laboring under defect of reason as not...