X and Y get into an argument in a bar. P tells X, please do not fight
Question:
X and Y get into an argument in a bar. P tells X, "please do not fight Y. Y is a trained martial arts fighter and will put you in the hospital." This comment angers X who now is determined to fight Y to demonstrate that X is not afraid of anyone. A crowd gathers to watch the fight. P despite P's opposition to X fighting Y attends the fight although remains silent during the fight. P despite P's silence is hoping that X wins the fight and that P's presence will inspire X. to prove that X can win a fight against Y. It is a crime for individuals to engage in an unlicensed fight and this fight is unlicensed. The police learn about the fight and X is able to flee before being arrested. X signals a taxi and tells the taxi driver to get X home as quickly as possible because X fears arrest as a result of participating in an unlawful fight. The drivers states the driver is "always eager to assist a fugitive fleeing the police." The taxi driver starts driving X home and after one-half mile traffic is so bad that X decides to walk home.
A. Is P liable as an accomplice (accessory before the fact/principal in second degree based on P's statement to Y? Explain your answer
- Is P liableas an accomplice (principal in the second degree) based on P's presence during the fight? Explain your answer.
- Is the tax driver an accessory after the fact? Explain your answer.
- Assumethat Y dies as a result of a knife wound inflicted by X during the fight. Would the salesperson who sold X the knife be held liable as an accomplice (accessory before the fact/principal in second degree) under the test established by Judge Posner in the Fountaincase in the textbook If X told the salesperson that X wanted to "kill someone with a knife during an unlawful fight that was scheduled tomorrow?" Explain the reason for your answer.
- Assuming P is responsible as a principle in the second degree (accomplice) Could P be charged with first degree murder if X intentionally stabs and kills Y during the fight.
Microeconomics An Intuitive Approach with Calculus
ISBN: 978-0538453257
1st edition
Authors: Thomas Nechyba