Malice Liability Case

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Question 1:
A: True. Malice aforethought is “a planned killing motivated by spite” (Woolman, Homicide). Additionally, there is express malice. Express malice is the “defendant’s subjective intent to kill”, or more specifically their feelings or opinions (ChartaCourse). Hatred or the emotional equivalent is a person’s feelings or opinions and goes directly to subjective intent to kill.
B. False. There does not have to be a “specific period of deliberation” or a showing that the defendant “extensively planned” for there to be premeditation (Woolman, Planned Murder). In State v. McArthur, the court held that three things are to be considered to determine if a murder was premeditated: the evidence of planning activity, the motive evidence, and evidence of the manner of killing (State v. McArthur).
C. True. This is true because the determination shifts to the Court of Appeals to look at the evidence the trial court has submitted and see if what they have determined can be upheld. The Court of Appeals cannot look at new evidence, they can only look at what the trial court submits, which is acting like a second jury.
D. True. Accomplice liability entails that a person is criminally liable for a crime committed by another if the person “intentionally aids, advises, hires, counsels, or
…show more content…
Stat. §609.05. Although Desmond told Jack to not go through with finding Elizabeth, he did aid him. Here, Jack asked Desmond for his bow and arrow and to use his car. Desmond intentionally aided Jack because he drove to the crash site and handed Jack his bow and car to use to find Elizabeth. However, there was no actual crime committed by Jack because he did not find or hurt Elizabeth. Therefore, it is unlikely that Desmond can be charged with this

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