Answer to question 1.
OVERALL INTRODUCTION
Jeffrey can be convicted for the first-degree murder of Miles. Jeffrey cannot be convicted of voluntary manslaughter.
Introduction
Jeffrey is guilty of first degree murder of Miles.
Rules
First Degree Murder: According the Missouri law, “a person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter.” Knowingly is being aware that something is practically certain, or that one is aware something is there (in Missouri, this means actual knowledge). Deliberation is a “cool reflection for any length of time no matter how brief.” Evidence of deliberation includes the following factors: (1) planning, (2) …show more content…
However, Jeffrey cannot argue he has a defense because his actions show he meant to kill Miles. Jeffrey is knowingly responsible for the death of Miles. Jeffrey is the actual cause of Miles (“but for” him going to get a gun and shooting Miles); and he is the proximate cause, as he was not influenced by a “sudden passion arising from adequate cause.” Nevertheless it is inferable from the circumstances that Jeffrey did not intend to cause physical injury, he intended to cause …show more content…
Refusal to return a pair of shoes would not invoke sudden passion. It is arguable that the physical confrontation may constitute adequate cause because it would be reasonable to lose self-control; however both sudden passion and adequate cause have to shown in order to receive a voluntary manslaughter instruction.
Also, one could argue the threat to Jeffrey was being struck in the head is sufficient for adequate cause because the hit would have provoked a reasonable person of ordinary temperament. However, after Miles hit Jeffrey, they continued to fight until someone broke them up. If Jeffrey had killed Miles during the initial confrontation, and not after he had driven home to get a gun then drove back, then I think an instruction on voluntary manslaughter would be plausible.
Lastly, I do not think it is plausible for us to get a voluntary manslaughter charge for Jeffrey because sudden passion arising from adequate cause is not present in the case at
OVERALL INTRODUCTION
Jeffrey can be convicted for the first-degree murder of Miles. Jeffrey cannot be convicted of voluntary manslaughter.
Introduction
Jeffrey is guilty of first degree murder of Miles.
Rules
First Degree Murder: According the Missouri law, “a person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter.” Knowingly is being aware that something is practically certain, or that one is aware something is there (in Missouri, this means actual knowledge). Deliberation is a “cool reflection for any length of time no matter how brief.” Evidence of deliberation includes the following factors: (1) planning, (2) …show more content…
However, Jeffrey cannot argue he has a defense because his actions show he meant to kill Miles. Jeffrey is knowingly responsible for the death of Miles. Jeffrey is the actual cause of Miles (“but for” him going to get a gun and shooting Miles); and he is the proximate cause, as he was not influenced by a “sudden passion arising from adequate cause.” Nevertheless it is inferable from the circumstances that Jeffrey did not intend to cause physical injury, he intended to cause …show more content…
Refusal to return a pair of shoes would not invoke sudden passion. It is arguable that the physical confrontation may constitute adequate cause because it would be reasonable to lose self-control; however both sudden passion and adequate cause have to shown in order to receive a voluntary manslaughter instruction.
Also, one could argue the threat to Jeffrey was being struck in the head is sufficient for adequate cause because the hit would have provoked a reasonable person of ordinary temperament. However, after Miles hit Jeffrey, they continued to fight until someone broke them up. If Jeffrey had killed Miles during the initial confrontation, and not after he had driven home to get a gun then drove back, then I think an instruction on voluntary manslaughter would be plausible.
Lastly, I do not think it is plausible for us to get a voluntary manslaughter charge for Jeffrey because sudden passion arising from adequate cause is not present in the case at