Marilyn left Rumors Bar after having consumed five double Kamikazes in less than one hour.  While she was walking to the Metro, she bumped into Jinny, a homeless woman on the street.  Jinny swore at Marilyn and took a swing at her.  Marilyn responded by kicking Jinny in the face, and left the scene.  Unbeknownst to Marilyn, the five-inch spike on her high-heeled shoes went right into Jinny’s eye, causing massive bleeding.  Jinny died within an hour of the incident on the street from loss of blood.  An eyewitness identified Marilyn and she was arrested. If Marilyn were charged with involuntary manslaughter, her best chance for acquittal would be:

A person may be held indefinitely in a psychiatric institution upon a judicial determination that they are incompetent to stand trial.

Jessie age 19, burglarized a house with two of her friends, both of whom are in their early 20s.  Jessie really did not want to commit the crime, but her buddies pressured her into it.  In preparation for trial, Jessie’s lawyer sent him to Dr. Fred Della, a forensic psychiatrist, for a full evaluation.  Dr. Della called Jessie’s lawyer and agreed to testify in favor of the defense since he concluded that Jessie did not entertain the required mens rea of purpose or knowledge.  Dr. Della explained that while Jessie did not suffer from any mental illness, she is severely learning disabled.  As a result of her learning disability, she has certain personality characteristics that made it unlikely that the required mens rea was actually entertained.  Specifically, Jessie is naive, extremely suggestive, and in effect, is capable of being hoodwinked by the other people on the occasion involved.  In fact, Dr. Della believes that is exactly what happened.  Based upon this information, Jessie’s lawyer chooses to use the insanity defense.  The Model Penal Code formulation of the insanity defense is in effect in the controlling jurisdiction.  Presuming that Jessie’s learning disability were a bona-fide mental disease or defect sufficient to qualify for invoking the defense of diminished capacity, the defense would most likely:

The phrase “willful, deliberate, and premeditated” in a first-degree murder statute necessarily means that the defendant must have carefully and thoughtfully formed a specific intent to kill. 

An honest mistake as to whether the victim consented to sexual intercourse will be a defense to rape in most U.S. jurisdictions. 

With exceptions made for the “Discovery Rule” and a small number of crimes (e.g., homicides, some types of tax fraud, etc.), criminal prosecutions must be instituted within a certain time period in the overwhelming majority of U.S. jurisdictions.

NEW FACT PATTERN (Next 3 questions) Johnny lived with his wife and three kids.  He had an erratic temper and sometimes beat his wife and children.  Lately, he had been having problems at work and had taken to stopping at the neighborhood pub before coming home.  On many of these nights, Johnny had attacked his family members while in a drunken state.  Three days after a particularly savage beating of his 17-year-old son, Garry, Johnny came home late from work in another drunken state.  Johnny’s wife was not home, and Garry was taking care of his younger siblings.  Johnny asked where his dinner was, knowing that his wife usually left him a plate of good if he missed the family meal.  Garry told his father than he had given the good to the family dog.  Angered by his son’s statement, Johnny said, “I’ll have to teach you to have some respect for your father,” but feeling a little unsteady, he added, “after a little nap.”  Johnny then collapsed on the couch.  Garry knew that there would be trouble when his father came to, so he took the children to a neighbor’s house and asked the neighbor to mind them for a while.  Garry then returned home and looked for his father’s shotgun, but could not find it.  After thinking for a while, he got a large knife from the kitchen drawer and waited near the couch for his father to awaken.  When Johnny awoke to find his son holding a knife, he said in a worried voice, “Garry, my son, what are you doing?”  Garry said, “You won’t hurt us anymore.”  And then he jabbed the knife into his father’s chest.  Johnny died nearly instantly.  Garry was brought to trial as an adult for the killing of his father. In a common law jurisdiction, the court is most likely to find that:

Able was in the habit of carrying a lot of cash with him as he walked home from work.  His good friend Baker was worried that someday Able might be robbed.  To teach Able to be more careful, and intending only to frighten him, Baker purchased a realistic looking toy gun and a face mask and he hid in the bushes one night waiting for Able to come home from work.  As Able passed by, Baker jumped out of the bushes, pointed the toy gun at Able, and took all of his money.  Able was badly frightened by the incident.  Shortly thereafter, Baker returned the money to Able and explained why he had staged the hold-up.  Of what crimes could Baker be convicted?

Kris married Rochelle.  Shortly after they awoke one morning, Rochelle berated Kris about spending too much of his paycheck on alcohol and gambling.  Kris lost his temper and slapped Rochelle several times.  He then went off to work.  After work, Kris visited a local tavern, had a few drinks, and then took a bus to the local dog racing track.  He owed Frank “the Tank” Dello, a local loan shark, $800 which was overdue.  Kris had hoped to win enough money at the track to pay off the debt to Frank.  After the first four races, however, Kris had lost all the money he had taken with him, except for enough to pay for the bus ride home.  When Kris got off the bus, Anthony, Frank the Tank’s enforcer, was waiting for him.  Kris told Anthony:  “I just lost all my cash at the dog track, but I’ve got $500 in the sugar bowl at my house.  It’s only a block away.”  Anthony replied, “Okay, but this better not be a trick, or else you’ll be a dead man.” Kris walked quickly to his house while Anthony followed in his car.  Kris climbed the porch steps as Anthony waited in the car.  Kris pounded on the door.  Rochelle, however, still angry about having been slapped by Kris that morning, refused to let Kris in the house.  Kris became more and more desperate and told her, “Look, there’s someone in that car who is going to shoot me if I don’t give him the money in the sugar bowl.  If you don’t want to open the door, fine; just slip the money through the mail slot so I can pay this guy.  Or else call the police before I get killed!”  Through the window, Rochelle saw Anthony in the car and, knowing about her husband’s debts, assumed that he was telling the truth.  Nevertheless, she told Kris, “You can go to hell for all I care.”  She then pulled the shade down and closed the curtains.  Kris kept yelling, “Please, please . . . let me in or I’ll be killed!” Rochelle continued to ignore his pleas.  Kris, in desperation, took off and ran down the street.  Anthony, however, pursued Kris in his car and eventually drove the car onto the sidewalk.  He ran over Kris, killing him instantly. Can Rochelle be properly convicted of any homicide charge involving the death of her husband?

NEW FACT PATTERN (Next 2 questions)Kris married Rochelle.  Shortly after they awoke one morning, Rochelle berated Kris about spending too much of his paycheck on alcohol and gambling.  Kris lost his temper and slapped Rochelle several times.  He then went off to work.  After work, Kris visited a local tavern, had a few drinks, and then took a bus to the local dog racing track.  He owed Frank “the Tank” Dello, a local loan shark, $800 which was overdue.  Kris had hoped to win enough money at the track to pay off the debt to Frank.  After the first four races, however, Kris had lost all the money he had taken with him, except for enough to pay for the bus ride home.  When Kris got off the bus, Anthony, Frank the Tank’s enforcer, was waiting for him.  Kris told Anthony:  “I just lost all my cash at the dog track, but I’ve got $500 in the sugar bowl at my house.  It’s only a block away.”  Anthony replied, “Okay, but this better not be a trick, or else you’ll be a dead man.” Kris walked quickly to his house while Anthony followed in his car.  Kris climbed the porch steps as Anthony waited in the car.  Kris pounded on the door.  Rochelle, however, still angry about having been slapped by Kris that morning, refused to let Kris in the house.  Kris became more and more desperate and told her, “Look, there’s someone in that car who is going to shoot me if I don’t give him the money in the sugar bowl.  If you don’t want to open the door, fine; just slip the money through the mail slot so I can pay this guy.  Or else call the police before I get killed!”  Through the window, Rochelle saw Anthony in the car and, knowing about her husband’s debts, assumed that he was telling the truth.  Nevertheless, she told Kris, “You can go to hell for all I care.”  She then pulled the shade down and closed the curtains.  Kris kept yelling, “Please, please . . . let me in or I’ll be killed!” Rochelle continued to ignore his pleas.  Kris, in desperation, took off and ran down the street.  Anthony, however, pursued Kris in his car and eventually drove the car onto the sidewalk.  He ran over Kris, killing him instantly. If Anthony were caught and tried for killing Kris in a Model Penal Code jurisdiction, the most appropriate outcome of his trial would be: