Criminal Law Essay 1

Answer Question 1

State v Cal

The issue in this case is worthier Cal can be charged with first degree murder?

Murder is the unlawful killing of a human being with malice or malice aforethought. Some states break down murder into degrees. Murder is first degree murder if perpetrated by means of poison, lying in wait, or any other kind of willful, deliberate and premeditated killing that occurs during the course of a prescribed felony such as arson, rape, robbery or burglary.

The state will argue that Cal while robbing (prescribed felony) the jewelry store caused the actions of the officer ending Opal’s life. This charge can be supported by the Felony murder rule; Felony Murder -An unintentional killing that occurs during the commission of an inherently dangerous felony. Two elements must be established a) must have occurred during the commission of an inherently dangerous felony b)felony must be one of the following felonies (burglary, arson, rape, robbery, kidnapping, or killing a law enforcement officer). When a co-felon kills another person, all parties are guilty of felony murder.

There are no defenses, excuses, or mitigation to the facts.

Given that the state can provide sufficient evidence supporting the elements of felony murder rule under the facts of the case there is sufficient evidence to sustain the charges of first degree murder.

State V. Cal

The issue here is worthier or not the evidence or facts in the case is sufficient to sustain the charge of second degree murder?

Second-degree murder is all murder which is not first-degree murder and does not involve willful, deliberate or premeditated, but there is malice. Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

The facts here in during the course of the robbery will provide the...