This week we are studying defenses to crimes. Assume that you are interning for the local prosecutor’s office, and your supervisor has asked you to do some research on the following two cases that are currently pending. The deputy prosecutor has asked you to review the following fact patterns and identify any defenses that the defendants may have and whether the defenses will be successful.
Based upon this unit’s reading, Intellipath lessons, and other resources, write a two-page paper listing the elements of defense and provide your opinion as to whether the defense lawyer would be successful in establishing the elements of the defenses.
Scenario 1: Walter and Reba had been having marital troubles for quite a while when Reba moved in with her mother and took the couple’s three children with her, two daughters and a son. This event triggered Walter’s depression. His doctor diagnosed him with an obsessive compulsive disorder and paranoia. Walter sought professional help and was prescribed medication, which he refused to take.
On the night of October 31st, Walter visited his family, telling Reba that he wanted to take the children trick or treating. Instead, Walter walked into the kitchen, and using a hunting knife he brought from home, killed Reba, Reba’s mother, and his two daughters. Although Walter’s son was there and observed the killings, Walter did not physically harm his son. Walter has been charged with the murder of his wife, mother-in-law, and two daughters.
Scenario 2: Mark had been having trouble with trespassers on his property. He posted “no trespassing” signs at various points of his property and purchased a weapon to defend his family.
At approximately 1:30 am on March 17th, Mark heard banging noises coming from his detached garage, located approximately 30 feet from his bedroom. Mark grabbed his gun and flashlight and headed toward the noise. As Mark exited the front door of his home, he saw two figures running from the garage, away from the house and toward the nearby woods. Mark shouted for them to stop and he shot a warning shot into the air. The warning shot only made the two figures run faster.
When the individuals failed to stop, Mark shot in their direction, hitting one of the individuals in the back of the head, killing him instantly. Mark has been charged with one count of murder and one count of attempted murder.
Ensure that you list the resources used to write your paper.
