Midterm Contracts

715 Words Sep 28th, 2015 3 Pages
PRACTICE EXAMINATION ISSUE ANALYSIS

CRIMINAL LAW

ESSAY QUESTION 1 OF 1

State vs. Fabio

Homicide

Homicide is the killing of one human being by another.

When Fabio shot Nicholas with a gun and he died, there was a killing of a human being by another.

Actual Causation

Defendant’s acts must have been the actual cause of the victim’s death, i.e., but for the Defendant’s actions the victim would not have died.
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"But for" Fabio shooting Nicholas, Nicholas would not have been killed. Fabio is the actual cause of Nicholas’ death.

Thus, Fabio is the actual cause of Nicholas’ death.

Proximate Causation

A Defendant’s actions are the proximate cause of the victim’s death if the result occurred as a natural and
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Thus, Fabio’s actions were willful and wanton conduct.

Therefore, there was malice aforethought.

Fabio will be convicted of murder.

First Degree Murder

First degree murder is one committed with the specific intent to kill, plus premeditation and deliberation.

Fabio drove to a gun shop and purchased a gun and ammunition. He then drove to Nicholas’ home and made the conscious decision to shoot Nicholas with the gun killing him. Thus, Fabio had the requisite specific intent to kill.

However, Fabio will argue that he was angry that Nicholas was having an affair with his wife. When he went to Nicholas’ home and asked him about the affair, Nicholas denied that an affair was going on. This denial of the affair escalated Fabio’s anger to the point Fabio shooting Nicholas. Thus, Fabio acted instinctively and did not have time to deliberate his act. Thus, Fabio will argue that he had no time to contemplate and appreciate the consequences of his act.

However, it appears from the facts that Fabio purchased the gun with the intent to kill Nicholas.

Therefore, Fabio can be convicted of first degree murder.

Voluntary Manslaughter

Voluntary manslaughter is a killing of a human being without adequate provocation, with a loss of mental equilibrium and insufficient time to cool off.

When Fabio saw

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