Description
Assignment Preparation
Read the scenarios below and then follow the instructions beneath the scenarios to complete the assignment. Scenario 1:
Angie and Max are enjoying a nice summer afternoon on Angie’s deck. Their friend, Dale, arrives. The friends enjoy the day chatting over beers. At some point during the conversation, Dale shows Max the new pistol that he bought. While leaning back in his chair, Dale is demonstrating the features of the pistol. Angie warns Dale to be careful with the gun. Suddenly, Dale tips backward in his chair and falls backward to the deck. As he falls, his finger is on the trigger and he pulls the trigger as he is falling. The gun fires, striking Max in the chest.
Max later dies from the gunshot wound. Dale is interviewed by police. During the interview, Dale says he didn’t know the gun was loaded and that he did not intend to shoot Max. Scenario 2:
Lee is driving from work to his daughter’s soccer game. He’s speeding because he’s running late and does not want to miss his daughter’s last soccer game before she graduates from high school. As he passes a local elementary school, the first graders are crossing the street on their way back to school from a field trip. Lee comes around the corner to see a young boy in the crosswalk in front of the school. Lee does not see the little boy until it’s too late and he is not able to stop his vehicle. Lee hits the boy, who later dies from his injuries.
The speed limit in the school zone at the time of the crash is 25 MPH. Investigators determine Lee was traveling 38 MPH. Scenario 3:
Until two weeks ago, Luke was employed as an accountant at a trucking company. He had worked at the trucking company for 25 years. Luke was fired from his job for misappropriation of company funds. Luke was terribly upset by the firing decision and has been experiencing severe depression. He has a great deal of anger and resentment toward his boss, John Smith.
During an especially difficult day, Luke decides that he wants to “get back” at his boss. He decides to burn down John’s garage, where John keeps his prized, vintage Corvette convertible. Luke pours gasoline around the outside of John’s garage, which is attached to John’s house. Luke sets the gasoline on fire. The gasoline ignites and flames quickly begin burning the garage. Unbeknownst to Luke, John had several canisters of gunpowder in the garage for his ammunition reloading hobby. The garage is quickly engulfed in flames and flames spread to John’s house. John is asleep in his basement and does not realize his house is on fire. When John wakes up and realizes his house is on fire, he cannot get up the basement steps due to the flames and smoke. John dies in the fire.
After you have reviewed the scenarios, review the Minnesota State statutes listed below. Click this link to visit the online resource for Minnesota Statutes.
609.185 Murder in the first degree
609.19 Murder in the second degree
609.195 Murder in the third degree
- 609.20 Manslaughter in the first degree
609.205 Manslaughter in the second degree
609.2112 Criminal Vehicular Homicide
Assignment Instructions
Using APA format and proper spelling/grammar/punctuation, address the following:
For each scenario:
From the list of statutes above, what is the highest level of homicide committed the individual could be charged with?
Identify the statute by statute name and statute number, including any specific subdivision(s) and/or specific degree(s) and/or clause(s) when applicable.
Describe the relevant elements of the statute and explain how the specific facts provided in the scenario given align with those relevant statute elements.
Explain how the homicidal offense you identified compare to the elements of first-degree murder, especially the element of intent.
Identify potential arguments the defense attorney might raise and explain whether the arguments would be successful.
