Criminal Law And Courts

2006Issue 1 : Is Louise guilty of freshman degree mop up of Zack stock-still if she was non the one who shot and decimateed ZackF kneadsLouise fired her weapon at Zack intending to kill him nevertheless Zack was able to dodge the bullet , allowing it to go a authority past him and hit Jedd instead injuring himRuleThe members of first degree finish are : 1 ) A person kills an singular 2 ) without justification 3 ) under any of the following portion : a ) the accused intended to kill or establish great bodily harm to the victim or other , or knows that such acts provide cause the demise b ) He knows that such acts create a strong luck of death or great bodily harm to that individual or another or c ) He is attempting or committing a forcible felony other than second degree murder . 720 ILCS 5 , Sec . 9-1AnalysisElement 1 ) The first element was not satisfied because Zack did not give by Louise s hand . In to kill an individual under the law , the victim has to die because of the direct act or acts of the person accused of the disgust . In this case , Louise was unsuccessful in killing Zack yet if he later died by accident . Although Louise intended to kill or harm Zack and knew that her intended actions were sufficient to cause his death , she was neer successful in killing him with what she did The first element of killing a person is not satisfied because Louise never killed Zack , Jedd didElement 2 ) The intended killing was not justified because thither was no aggression or danger that called for the force utilize or intended to be used . Zack never attacked Louise or threatened her in any way Louise s actions arose from strong emotions and potable that may both serve as mitigating factors in deciding her sentence .

However , her actions may not be entirely justified to allow her to escape criminal liabilityElement 3 ) in that respect was a clear designingion to kill or at least harm Zack in a serious way . By firing her weapon directly at Zack , Louise displayed her intent and malice . Although she was unsuccessful in finding her target , her go under was clear . Her failure to end Zack s life will not make her guilty for murder but neither will it completely free her of criminal responsibilityIf Louise would be held liable for anything , it would believably be attempted murder because she already committed an act that constituted a substantial step (shooting at Zack ) toward the charge of the offense she intended (killing Zack . 720 ILCS 5 , Sec . 8-1 .4 . It was clear that she was ready to kill Zack but because of her drunkenness or poor presence , she was unable to complete all the acts necessary to bring somewhat the desired result . Thus , the felony was not perfected but was initiated , making Louise guilty of attempted murderConclusionNo . Louise cannot be held guilty of first degree murder...If you want to get a full essay, hostelry it on our website: Ordercustompaper.com

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