Saturday, July 25, 2009

Follow up to Mock Trial question?

We've recieved the police report. The victim was a 42 year old man, who was stabbed multiple times in the chest with a pair of scissors. A cigarette was found at the scene that matched his DNA. A bottle with a red substance (a drink) was found on a nearby picnic table, and forensics found a partial fingerprint on it. A scarf was also found at the scene with dog hair and a sandy blonde human hair. The prime suspect at this point is the wife. I'm looking for possible defense arguments we could use. We've ruled out self-defense, because there were multiple stab wounds on the victim. Right now we're looking at a Heat of the Moment defense, or maybe insanity. Anyone have any other suggestions?



Follow up to Mock Trial question?

1st the state must prove every element of the crime, so unless their is a confession or witness to the crime start with that



basic elements of a crime



1. actus Reus: guilty act



2. Mens Rea, guilty mind, state of mind or intent



3. concurrence: the physical act and mental state existed at the same time



4. harmful result



What is the prosecution charging? Murder, then they will have to show, unlawful killing with malice aforethought IE intent to kill; intent to inflict great bodily injury, reckless indifference; without this then no murder charge



under voluntary manslaughter charge: is intentional killing with the existence of adequate provocation, thus reducing from murder to voluntary manslaughter



like: heat of passion, maybe even an imperfect self-defense



or is the charge involuntary manslaughter,



Note: heat of the moment would be used to reduce the charge from murder to voluntary



Insanity is always a long shot, look up M'Naghten rule



Follow up to Mock Trial question?

You could use robbery? Did the victim have his wallet on him at the time he was found, was there money in it? Then during the robbery the victim resisted and was stabbed while the offender took his money and ran off. Seen it plenty of times. Good luck.

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