In a 7-10 pg legal memo that discusses the murder in the first degree charge, any defense
Question:
In a 7-10 pg legal memo that discusses the murder in the first degree charge, any defense that might exist and if you believe there is a lesser charge that might be a point of negotiation for a plea deal. Things you should consider in your research are that Kinley had unmedicated schizophrenia. He had previous violent episodes. He left a note prior to the killings and that he eventually turned himself into police. Don't forget to detail the necessary components of a murder charge and address those as it relates to this case.
On Thursday, the day of the incident, Kinley Cooper was apprehended after firing a shotgun blast at law enforcement near a remote pond outside of the Deer Ski Resort, which is about 55 miles southeast of Albany. The Deer Ski Resort is local on the Delaware-Schoharie county border, where the shooting between officers and the defendant Kinley Cooper took place. The bodies of 59-year-old Robert Cooper, the father of Kinley Cooper, 48-year-old Elizbeth Cooper, the mother of Kinley Cooper, 22-year-old Daniel Cooper, the brother of Kinley Cooper, and 78-year-old Charles Smith, the grandfather of Kinley Cooper, were all discovered deceased at Charles Smith's hunting cabin, outside the village of Stamford. Police reports suggest the killing took place the night before. Kinley Cooper has been arrested prior to the incident that took place on Thursday. In January of this year, Kinley Cooper was charged with reckless endangerment after he attempted to attack his father, Robert Cooper. Kiley Cooper has a diagnosed case of unmedicated schizophrenia and has exhibited threatening behavior toward his family before the incident that occurred on Thursday. Robert (Bob) Cooper told the Delaware County District Attorney, Malcolm Hughes, that he did not wish to pursue any charges. Delaware County Sheriff, Paul Peterson, stated he understood that he (Kinley Cooper) had shown threatening behavior toward his family before. Peterson recalled an incident involving Kinley Cooper punching his father in the face. Hughes said that Kinley Cooper left a note on the door of Robert Cooper's office door in Stamford after the killings. Mr. Huges suggested that the note was meant to be interpreted by the police as a note from his Robert Cooper. Hughes stated, "Basically, it alluded to that fact that he was sorry that it happened and that he wanted it to appear it was Bob's writing."
Was Kinley Cooper's untreated schizophrenia a result of his violent outburst towards his family, which would result in the family's death? Explain
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts