CRIMINAL LAW

CRIMINAL LAW

Graded Case Exercise #1 (Chapter 2 – Homicide Crimes)

ANSWER SHEET GRADED CASE EXERCISE #1—Case Exercise A, B and C(Chapter 2: Homicide Crimes)

CASE EXERCISE A – Mike and John were best friends. Mike had access to his Dad’s guns. Bored and complaining they had nothing to
do over February vacation, Mike and John decide to take out the gun and play Russian roulette.
They had seen this done in the movies and it looked exciting. John took the gun and loaded three bullets into the six chamber
handgun. Mike went first aiming the gun at John and pulled the trigger. No discharge. John went next, taking the gun and aiming it
at Mike. The bullet that struck Mike killed him.
Name of Defendant: John
Name of Crime: Second Degree Murder Statutory Reference M.G.L. c.265, §§1,2
Page(s) in textbook used to prepare this Worksheet:
Example: Chapter 2, p. 2-25 – 2-29
ELEMENTS [INSERT NAME OF CRIME FACTS TO SUPPORT EACH ELEMENT OF THE CRIME DIFFICULTIES WITH THIS

2

Graded Case Exercise #1 (Chapter 2)

AND STATUTE] Example: Aggravated
Assault and Battery, M.G.L. c.265,
§13A (b). Add or delete rows as
needed for the number of elements
in the crime.

ELEMENT OF THE
CRIME/PROBLEMS
DEFENSE MAY RAISE
(Depending on the case,
there may be no
questions, issues or
difficulties)

1. Second Degree murder
M.G.L. c.265, §§1,2

The actions of John pointing a loaded gun to Mike and
pulling the trigger was reckless and not premeditated. The
action led to the death of Mike thus showing lack of
concern for human life

The prosecution inorder to
prove Second degree
murder they need to
produce evidence that the
alleged John committed
the homicide with malice.
Defenses that can be
applied by John can be
mistake and innocence

2.Involuntary manslaughter
(M.G.L. c.265, §13)

The aspect of involuntary manslaughter is demonstrated
through wanton and reckless conduct of John that led to the
death of Mike .John's unintentional actions. doesn't amount
to a felony which the defendant knew or should have
known endangered human life

It is difficult to prove that
John intended to cause
death to Mike.
The perfect defence can
only be mistake and
innocent.

3.Reckless homicide
MGL c. 90 s. 24

John was fully aware of his acts of pointing a loaded gun to
Mike and pulling the trigger, the action demonstrates a total
failure of a legal duty. Mike suffered grievous bodily harm
and died.

With the facts presented in
the case it is hard to prove
all of them which is critical
for the prosecution. No
perfect defense for this
charge.

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Graded Case Exercise #1 (Chapter 2)

TYPE OF CRIMINAL ACT - The criminal act (actus reus) is (circle, underline or highlight one): commission, omission or possession.
Explain your answer with supporting evidence from the textbook:
The taking of life of another which is an act prohibited by the law.

TYPE OF CRIMINAL INTENT - The type of criminal intent (mens rea) is (circle, underline or highlight one): specific intent, general
intent, criminal negligence or strict liability. Explain your answer with supporting evidence from the textbook:
John without coercion or undue influence picked the loaded gun and pointed to Mike and then pulled the trigger killing Mike.
John’s act was reckless and wanton and he knew the consequences of pulling the trigger on a loaded gun.
If the prosecution can prove that John's actions were reckless and wanton and that it was not premeditated but displayed lack of
concern for human life then a charge of Second degree murder can be sustained. If the charge fails then prosecution can prove
involuntary manslaughter demonstrating that the unintentional actions of John led to the death of Mike.

A Step-by Step Analysis of a Homicide Case Worksheet for Second Degree Murder

Major Question Considerations
A. Is there a homicide? 1. Has there been a death of another? [If Yes, go to next

question]. Yes

B. Is it an innocent or
criminal homicide?

1. Is there a complete/perfect defense? • insanity • self-
defense • defense of another • battered person syndrome •
involuntary intoxication [If Yes, then Innocent Homicide] [If
No, then Criminal Homicide. Go to next question]. Innocent
homicide .The perfect defence would be a mistake


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