Crim Law Hypo
Posted: Mon Dec 10, 2012 4:12 pm
A and B are bored so they decide to play russianroulette - A puts 1 bullet in a 5 chamber gun - spins it, aims at B, pulls the trigger and kills B
Jurisdiction: Malignant heart jurisdiction - A conviction for second-degree murder with implied malice “requires proof that a defendant acted with conscious disregard of the danger to human life.” So from what I understand I have to prove that that there was a high probability of death, and she knew she was taking an unjustifiable risk.
Question: She is prosecuted for murder, what is her best defense and is it likely to work?
Jurisdiction: Malignant heart jurisdiction - A conviction for second-degree murder with implied malice “requires proof that a defendant acted with conscious disregard of the danger to human life.” So from what I understand I have to prove that that there was a high probability of death, and she knew she was taking an unjustifiable risk.
Question: She is prosecuted for murder, what is her best defense and is it likely to work?