Posted: November 26th, 2014

manslaughter under common law

manslaughter under common law

Assume Drew is a guest at a small party at Rob’s house. Late in the evening Rob’s roommate, Vic, leaves the party and goes to his bedroom. Assume Drew’s BAC level is .08. Drew attempts to get Vic to rejoin the party. Drew knocks on Vic’s door repeatedly, and eventually Vic opens the door. Vic has a revolver in his hand. After some discussion, Drew senses that he is in danger and that he shouldn’t turn his back on Vic. Instead he repeatedly suggests Vic put the gun down. Vic refuses.
At all times Vic holds the gun by his side, barrel pointing to the floor. Eventually Drew kicks the gun in an effort to disarm Vic. The gun flies through the air and strikes the floor and discharges. The bullet strikes Vic who dies within seconds.
Answer the following questions.
1.    Is Drew guilty of manslaughter under common law?  If you believe Drew is not guilty of a crime at all, what additional facts not present in the above statement would support guilt? (1 page)
2.    How does your analysis change if you apply a reckless or negligence standard? . Again, identify additional facts supporting guilt should you believe Drew is not guilty under the facts presented. (1 page)
3.    If Drew had died instead of Vic, would Vic be guilty under either the common law or the MPC? Explain. (1 page)
4.    Please cite to at least three (3) cases in support of your analysis. Cases maybe from the text (cite to the full name, page number and date of the decision) or from independent research (use the full cite if the case is not in the text). Identify the most important case to support your opinion, and explain its importance. Brief that case. (1 page)

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