Law
Don, who is eighteen, learned that his fifteen-year-old sister Heather was dating thirty-year-old Victor. He ordered his sister to stop seeing Victor, but she just laughed at him and said, "We love each other and nothing can come between us. "Don decided to teach Victor a lesson. One afternoon, he obtained a realistic looking toy pistol and drove to Victor's house. He parked outside the house and waited for Victor to come home from work. When Victor returned and was parking his car, Don approached, holding the toy pistol behind his back. When Victor opened the car door, Don displayed the toy pistol and announced, "I am Heather's brother. I want you to stop seeing her. "Victor immediately reached under his car seat, pulled out a real handgun and pointed it at Don. Don grabbed the gun in Victor's hand and the two struggled for possession of it. While they were struggling the gun discharged, killing Victor. You are working for the prosecutor. She informs you that she is thinking of seeking a murder indictment against Don based on the theory that Don feloniously assaulted Victor and the killing occurred during the felony. A) She asks for your advice. Please advice. Apply the criminal law. B) Same facts. The prosecutor is worried that the defendant may raise a defense of self-defense and asks whether such a defense would be available. Please advice c) Same facts. The prosecutor is worried about proving causation in the event the jury finds that the trigger was actually pulled by the victim. She asks whether the trial court would give this instruction: "The law presumes an actor intends the results of his acts. " Please advise.
For this project, you will create your own scenario and show your knowledge of what you learned in this lesson. Create a crime and make sure you identify the necessary elements of the crime (intent, threat, maliciousness, and so on). Create a scene leading to the suspect's arrest (including probable cause, evidence, warrant, search, and so on). Create a post-arrest scenario (such as the reading of Miranda Rights, interrogation with or without an attorney, a line-up, arraignment, plea, and so on). Decide if your suspect will be sentenced. Decide on an appropriate sentence and mention why you arrived at such a sentence. Discuss whether or not the case will proceed to trial and whether or not the defendant will file an appeal. Decide if the plaintiff will also file a lawsuit against the defendant and describe the outcome of the lawsuit, including the verdict and possible appeal