State X has a homicide law identical to Sections 210.0-210.5 of the Model Penal Code and an insanity defense identical to Section 4.01-4.04 of the Model Penal Code. It has also adopted the uniform determination of death act and it has recently abolished the year and a day rule. Answer the following two questions and discuss all pertinent issues.

#1 Suspect is infatuated with a beautiful actress who is an anti-abortion activist. Suspect has been stalking this actress for two years--attending all rallies that she does--writing her letters--hovering in the area near her home. After hearing actress make a speech denouncing abortion clinics, suspect has an idea that he thinks will impress actress. Suspect plans to stake out the clinic and kill a woman entering the clinic. He thinks this will impress actress enough that she will fall in love with him. Suspect stakes out the clinic with a shotgun. He sets his sights on a 27 year old pregnant woman entering the clinic. She is 7 months pregnant and ineligible for abortion under normal procedures, but she didn't know that when entering. Suspect shoots the woman and flees the scene. Woman is taken to the Hospital where it is discovered that she was pregnant. The fetus is dead, although there is medical evidence suggesting that it could have survived independently from the womb if the mother wouldn't have been shot. Woman is in a coma from the incident and is on life support. She remains on life support for 18 months, when suddenly a relative surfaces with a living will signed by woman. It indicates that woman would not want to use artificial means to preserve her life. Life support measures are terminated and woman dies within two days. Suspect is disappointed to learn that actress is not impressed with his antics. Actress has turned all of Suspect's letters over to law enforcement, and eventually the investigation leads to suspect. How many counts of Homicide can/should be filed against suspect? What legal problems or issues do you see with these charges? Assess the suspect's likelihood of success if he argues the Insanity defense under State law. What if any flaws and problems do you see with the defense in this case? Discuss and analyze fully.

#2 Father is talking with his 12 year old daughter, who confides in him (on a Monday Evening) that her School basketball coach has been molesting her. Father is acquainted with Coach on a social basis. Father and Coach have a hunting trip planned for the weekend. During the hunting trip Father confronts Coach about Daughter's allegations. Coach denies the charge, but father shoots and kills coach anyway. Father returns home and says nothing about the incident. After Coach is missing for two more days police interview father who denies knowledge of coach's whereabouts but does mention the hunting trip. Coach's body is found the next day. Daughter hears the furor over Coach's disappearance and death and puts two and two together. She confesses to authorities that she invented the molestation charges against Coach because she really wanted more attention from her father. Father later confesses to police that he shot coach. The hunting trip occurred five days after father's conversation with daughter mentioned in the first sentence. Assess the Homicide case against father. What charge would you file--Murder or manslaughter? Why? Discuss and fully analyze all issues.

Answer rating: 100% (QA)

1 The suspects actions in the given scenario involve multiple legal and ethical complexities Lets break down the charges and legal issues Counts of Homicide a Murder The suspects actions resulted in t... View the full answer