ssume that Jane arrives home early wanting to surprise her husband, Raul. She en

Question

ssume that Jane arrives home early wanting to surprise her husband, Raul. She enters the house and sees Raul engaged in sexual relations with another woman. She runs upstairs in shock. Raul follows her trying to explain. He enters the bedroom. Jane opens a drawer and pulls out a pistol the couple keep for self-defense. She screams, How could you?" and shoots Raul who dies. Should Jane be charged with 1st degree Murder, Second Degree Murder, Voluntary Manslaughter or Involuntary Manslaughter? Explain your answer using the definitions of these crimes from the text book. (Please note that New York law defines these crimes slightly differently- but I am NOT asking you to find and apply NY Law; I am asking you to use the crimes as defined in the text). Question Five

Explanation / Answer

First degree murder are the most serious ,second degree murder are less serious than first degree murders and the   Voluntary Manslaughter and Involuntary Manslaughter are the least serious murders .

Jane should be charged with Voluntary Manslaughter because she has done this in the heat of passion .

If she would planned her husband murder before reching home purposefully then it comes under first degree murder.

If she would not angry with her husband and tried to shoot that girl but by mistake of shot his husband got shoot instead of that girl then it comes under second degree murder

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