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Concord Law School Essay One

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Criminal Law Essay One -Concord Law School

Issue
What is Hal’s potential criminal homicide liability for the death of Norm? What is his homicide liability for the death of Wanda?

Rule
Common Law intentional homicide may be reduced from murder to voluntary manslaughter if all the elements are met: 1. the killing was a result of a sudden heat of passion 2. In the same situation a reasonable person would have also been provoked and also would have lost self-control. 3. There was no cooling off period between the provoked anger and the homicide of the first or second victim
Model Penal Code lessens murder to manslaughter if the murder is committed during an extreme mental or extreme emotional disturbance. Under the Model Penal Code there are two elements that need to be proven: 1. that the defendant was under an extreme emotional disturbance. 2. That there was a reasonable explanation or excuse for the extreme emotional disturbance.

Analysis
When Hal decided to come home early and bring his wife flowers he was already in an emotional and easily excitable mood. Then when he pulled up to the house he looked into the office window before he entered the house where he saw his wife in an embrace with the neighbor Norm. This evidence being right before his eyes made him believe they were sex partners and this put him into a rage where he went to the garage to get his gun and bullets with the intention of doing bodily injury maybe even killing Norm and possibly Ronda.

In Common Law Hal could get his crime reduced to voluntary homicide because all the elements are met the killing was a result of a sudden heat of passion because Hal believed that his wife and Norm just had sexual intercourse, which would enrage a reasonable person in the same situation. Additionally there was no time for Hal to cooling off period. And these elements fit both of the homicides

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