Bar Exam (US) Criminal Law: Defendant was madly in love with his next-door neighbor, Nancy. One ...

Question

Defendant was madly in love with his next-door neighbor, Nancy. One evening Defendant broke into Nancy's home intending to rape her. Unknown to Defendant, Nancy was away on a business trip. When Defendant entered the bedroom, he found Nancy's husband committing adultery with his wife. In a fit of rage, Defendant pulled out a knife and stabbed Nancy's husband to death.

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Defendant is charged with first degree murder. Defendant admitted entering into a suicide pact with his ailing wife who was suffering from an incurable disease of multiple sclerosis. Pursuant to their agreement, Defendant shot and killed her. Losing his nerve, however, he failed to shoot himself. Defendant GUILTY.
  2. B
    Correct Answer
    Defendant is charged with involuntary manslaughter. At trial, Defendant admitted firing a bullet into his neighbor's home believing no one to be inside. He testified that he fired the shot through his neighbor's living room window approximately two hours after seeing the entire family leave on a vacation trip. The shooting was in retaliation for not getting invited to his neighbor's annual Christmas party. Unknown to Defendant, Lois, neighbor's housesitter, was struck and killed by the bullet. Defendant GUILTY.
  3. C
    Correct Answer
    Defendant is charged with second degree murder. At trial Defendant admitted driving his automobile at a speed of 60 miles per hour through a school zone with a posted speed limit of 15 miles per hour. Defendant testified that he was traveling through the school zone at 3:00 P.M. when he saw a group of children crossing the street about 100 feet in front of his vehicle. Although he did not intend to actually hit anyone, Defendant thought it would be amusing to speed up and see the children try to run away from his onrushing auto. Amy, a five-year-old student was struck and killed by Defendant's vehicle after she tripped and fell in the intersection. Defendant GUILTY.
  4. D
    Correct Answer
    Defendant is charged with felony murder. Defendant was in the process of burglarizing a gas station at night when a policeman arrived at the scene. Defendant dropped his booty and sped off in a get away vehicle. As he was fleeing from the scene, Defendant happened to see Jones, an enemy, whom he shot and killed. Defendant NOT GUILTY.
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