Criminal Lawessay

Both Cal and Dan were subsequently arrested. If both are charged with first and second-degree murder in connection with the death of Opal, are the facts stated above sufficient to sustain the charges

1. Against Cal? Discuss.

2. Against Dan? Discuss.

1.The charges will be sustainable for first-degree murder against Cal if it is shown that the killing of Opal occurred which was proximately caused in the attempted perpetration of the felony/robbery.

A. First-Degree Murder:

(A) A homicide which is intentionally perpetrated by any kind of premeditated and deliberated killing; or

(B) a killing which occurs in the perpetration of, or attempt to perpetrate, a felony.

1. Cal fired shots with the intent to kill or harm Officer Pat.

2. The killing of Opal occurred when fleeing the scene of the felony.

This puts the killing closely related to the felony in time, place and causal connection.

Conclusion- The prosecution would charge Cal with first-degree murder based on the definition of a felony murder. The prosecution will argue that he fired shots to help flee the felony. Cal may try to argue he was not attempting to perpetrate the robbery when he shot the gun. The fact that he shot the gun off at Officer Pat was to scare him was entirely unrelated to the robbery of the bank. The prosecution can show proximate cause because Cal did take a loaded gun to the robbery, whether he intended to kill is irrelevant.

2.The charges will be sustainable for second-degree murder against Dan if it is shown that the killing of Opal occurred due to recklessness which was proximately caused in the attempted perpetration of the felony/robbery.

A. Second-Degree Murder

(A.) Any murder which is committed recklessly under circumstances manifesting extreme indifference to the value of human life.

1. Dan was perpetrating a felony. He fled the scene. This action caused the shots to be fired by both parties, Officer at and Cal. Dan was aware of the circumstances that could happen...