Criminal Law Essay One

Module 9 Criminal Law Essay One

Student ID: 253066

EJD Program

ANSWER

Murder (Against Cal)

Murder is the unlawful killing of a human being with malice aforethought. Malice can be shown by either intent to kill, intent to cause grevious bodily harm, or reckless indifference to human life. Here, Cal is probably liable under one or all of these theories. Because Cal aimed his weapon and fired several shots at Officer Pat that narrowly missed Officer Pat and fortunately also missed a crowd of spectators that had gathered once they heard the siren from Officer Pat’s police vehicle.

Felony Murder Rule

However, Cal might be convicted under the felony murder rule. The felony murder rule holds defendants liable for foreseeable killings committed during the commission of inherently dangerous felonies. Here, Cal and Dan were engaged in a robbery. A robbery is the taking and carrying away of the personal property of another by force with the intent to permanently deprive the victim of the property. Cal and Dan robbed Opal because they took jewelry from the jewelry case at gunpoint, with the intent to keep the jewelry. A robbery, especially an armed robbery of a jewelry store is likely an inherently dangerous felony. Opal’s death was the kind of death that frequently results from armed robberies, and thus was foreseeable.

First Degree Murder

In most states, first degree murder requires premeditation or deliberation. Many states also include murders that fall under the felony murder rule in the definition of first degree murder. Thus, if this jurisdiction adheres to that view, Cal may be liable for first degree murder for Opal’s death. Cal will argue that he was “enraged” and had no time to deliberate or premeditate.

Second Degree Murder

Second degree murder generally is murder that does not involve premeditation and deliberation, but also does not amount to any form of manslaughter. If the applicable statute defines felony murder as second degree murder, Cal...