Posted: May 18th, 2017

Nicole B, a Minnesota high school student, age 17, is accused of stabbing her newborn daughter to death after secretly giving birth in her mother’s laundry room. She was charged with first-degree murder and faces a possible sentence of life in prison. A major issue in the case is whether the infant was stillborn and, therefore, already deceased at the time of stabbing. Under the MPC, even if Nicole’s infant was already deceased when she stabbed it

Nicole B, a Minnesota high school student, age 17, is accused of stabbing her newborn daughter to death after secretly giving birth in her mother’s laundry room. She was charged with first-degree murder and faces a possible sentence of life in prison. A major issue in the case is whether the infant was stillborn and, therefore, already deceased at the time of stabbing. Under the MPC, even if Nicole’s infant was already deceased when she stabbed it: a. She would still be guilty of murder if she believed it was alive. b. She would be guilty of attempted murder if she believed it was alive. c. In most states, she would likely have a strong “impossibility” defense. d. None of the above.