6. Katie Roberts was wasting away from the effects of an incurable disease. She

Question

6. Katie Roberts was wasting away from the effects of an incurable disease. She asked her husband Frank to help her commit suicide. In response to her request, Mr. Roberts mixed poison and water and placed the mixture on a chair within her reach. She took the poison and died several hours later. Mr. Roberts admitted placing the poison within her reach but denied having the required mental state for first-degree murder because he was Chapter 5 responding to his wife's request and was motivated by love and mercy. Will he prevail? Explain See: People v. Roberts, 178 N.W.690 (MID

Explanation / Answer

Mr. Roberts will not prevail because the death of Katie Roberts has all the elements to prove first degree murder. Active participation in the death of the suicide victim is considered as murder. If the murder is willful, deliberate, malicious and premeditated. Roberts act of mixing poison and water and placing the same within Katie’s reach shows that Roberts had the intent to kill Katie showing the willfulness. Since Roberts has kept the poison on Katie’s request, there was enough time for Roberts to consider the nature of his conduct. Still he continued with the act which shows deliberation and premeditation. The incident shows Roberts’ conscious decision to kill Katie though it is done upon her request and it can be based on good or bad intent. Hence it will be considered as a first degree murder and Roberts would be sentenced for the same.

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