Criminal Law Essay One -Concord Law School
What is Hal’s potential criminal homicide liability for the death of Norm? What is his homicide liability for the death of Wanda?
Common Law intentional homicide may be reduced from murder to voluntary manslaughter if all the elements are met: 1. the killing was a result of a sudden heat of passion 2. In the same situation a reasonable person would have also been provoked and also would have lost self-control. 3. There was no cooling off period between the provoked anger and the homicide of the first or second victim
Model Penal Code lessens murder to manslaughter if the murder is committed during an extreme mental or extreme emotional disturbance. Under the Model Penal Code there are two ...view middle of the document...
This evidence being right before his eyes made him believe they were sex partners and this put him into a rage where he went to the garage to get his gun and bullets with the intention of doing bodily injury maybe even killing Norm and possibly Ronda.
In Common Law Hal could get his crime reduced to voluntary homicide because all the elements are met the killing was a result of a sudden heat of passion because Hal believed that his wife and Norm just had sexual intercourse, which would enrage a reasonable person in the same situation. Additionally there was no time for Hal to cooling off period. And these elements fit both of the homicides that of Norm and that of Ronda at common law.
The Model Penal Code would lessen this crime to manslaughter because the homicide was committed during an extreme emotional disturbance. And the two elements that establish manslaughter are easy to bring to light and can be proven beyond a shadow of a doubt. There is no arguing with the fact that the defendant was under an extreme emotional disturbance which was the result of him looking in the window of the office and then seeing his wife in an embrace with the neighbor Norm, which he just knew that they were having sexual relations. It does not matter if Hals wife and Norm were having sexual relations it just matters that Hal truly believed it to be true. So it is obvious that the situation with his wife and the neighbor stimulated his rage and his intent to harm Norm and Wanda. His extreme emotional disturbance can be used as an excuse defense when he goes to court.
In common law Hal would be charged with voluntary manslaughter for both the killing of Norm and Wanda which were the result of heat of passion. Under the Model Penal Code Hal would be charged with manslaughter.