Choices

I had the choice last night (the time I finish up on the week's blog) to either spend the evening doing a blog, or taking my first Law School exam. Law school won, so I'll be writing on another venue!

Just in case you're interested, here's my Question #1:
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Stella really misses her mom, who passed away several years ago, and even though she is gone, the two of them still talk to each other often.

One afternoon, Stella sees Emily, who was her mother's employer, and whom she knows Mom hated. Without warning, Stella hears Mom telling her that she must get back at Emily.

Mom has never told Stella to do anything like this before, and Stella doesn't know what to do. Consequently, she explains the situation to Father Muldoon, who explains that regardless of what her mother may, or may not be saying, it is wrong to hurt Emily. Stella thanks Father for the advice, but she isn't so sure that a living priest knows more about right and wrong, than her mother whom she knows is in heaven.

That night Stella is awoken by her Mother's voice screaming in her ears, that she must teach Stella a lesson. Terrified, and not knowing what to do, Stella gets out of bed, and decides to take a walk.

As she turns a corner, she runs almost headlong into Emily, who yells at Stella, that she better watch where she is going. At that point Stella hears Mother's voice telling her to punch Emily, and when Emily points her finger in Stella's face, Stella kicks her in the abdomen, knocking her to the ground. With her mother's voice screaming in her head, Stella continues to kick Emily, until she is dead.

Discuss

[Completion time: One hour]
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Ain't that cute? And, for those who want to see my answer, without the professor's grade or comments, here 'tis...

State v. Stella

Can Stella be charged with the first degree murder of Emily?

Under criminal law, MURDER is an unlawful homicide, the killing of one human being by another human being with malice aforethought.

Here, there was an unlawful homicide because Emily, a human being, was killed by Stella, another human being. While at common law there were no degrees of murder, modernly statues define first degree murder as one which is committed by poison, by lying in wait, by torture, one done willfully, deliberately, and with premeditation, or done during the commission of a dangerous felony.

In this instance Stella left her home to take a walk, terrified by the voices she hears in her head which created malice aforethought but without any premeditation of killing Emily.

Therefore, absent the element of premeditation, Stella cannot be charged with first degree murder.


Can Stella be charged with the second degree murder of Emily?

Under criminal law, SECOND DEGREE MURDER is defined as all other murders, those homicides committed with malice aforethought which which do not meet all the requirements for murder in the first degree.

Inasmuch as Stella’s unlawful homicide resulted in the killing of Emily with malice aforethought, and without all the elements of first degree murder, she can therefore be charged with second degree murder of Emily.


Can Stella be charged with voluntary manslaughter in the death of Emily?

Under criminal law, VOLUNTARY MANSLAUGHTER is the intentional killing of a human being by another human being without actual malice or with malice but under mitigating circumstances.

Here, Stella’s killing of Emily was spurred on by the voice of her dead mother screaming in her head, and there is no evidence to describe the volitional element of an intention to kill.

Furthermore, mitigating circumstances are present through the voice of her dead mother which controls Stalla’s mental state.

Therefore Stella can not be charged with voluntary manslaughter.

Can Stella raise the defense of insanity?

Under criminal law, INSANITY is a defense which negates criminal intent. Under the M’Naughten Rule a person is considered insane if their mental disease so impairs their reasoning that they are unable to appreciate the nature and quality of their acts, or to know that they are wrong. By the Irresistible Impulse Theory a person may rase this defense of they are unable to control their acts, even if they know the act is wrong.

In this instance Stella deflects Father Muldoon’s counsel that hurting Emily is wrong and chooses to obey the screaming voice of her dead mother, encouraging her to attack Emily. Stella would be on shaky ground by pleading M’Naughten since one voice (Fr. Muldoon’s) told her the action was wrong. She would be on much more solid ground with an appeal to the Irresistible Impulse Rule because she was unable to control her act of kicking Emily.

Therefore, Stella may be successful with an insanity defense.

65 min.