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Calvin Guilty

Satisfactory Essays

When looking at the facts of this story and seeing what Calvin is being charged with, he may be charged with solicitation and homicide but not with conspiracy. The reason he may be charged with solicitation is because under Texas Penal Code § 15.03 criminal solicitation a. A person commits an offense if, with intent that a capital felony or murder be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor reasonably believes them to be, would constitute the felony or make the other party its commission. Therefore, making Calvin guilty of solicitation because he commanded Homer to throw the Molotov cocktails through the open window into the bar killing 25 people. Which leads to the next charge of homicide. Even though Calvin was not the person that threw the Molotov …show more content…

When we look at conspiracy, Homer will probably be found not guilty because when looking at Calvin’s convictions he would have testified that Homer had no intentions of throwing the cocktails into the bar because he had no knowledge of doing so and that he had forced Homer to do so under duress. However, Homer will be found guilty of arson and of homicide because he’s defense will be unable to use duress as a defense. The Texas Penal Code § 8.05 (b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force. Therefore, because people were killed in the fire, duress may not be used because homicide is considered a felony. Furthermore, even if Homer was forced to throw the two Molotov cocktails into the bar for fear of his life, duress is not a good enough defense used to justify killing innocent people just to be able to save his own life

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