Introduction
This case is about the murder of Evan and how Adam, Ben, Cam, Don, and Vic are involved in the death. Adam and Ben believe that Vic killed Evan, whose body was found in a lake. Adam has several mental illnesses, hears voices telling him what to do, and thinks he can communicate with the dead through his watch. Ben, who also thinks Vic killed Evan, intends to hire somebody to murder Vic but lacks the funds to do so. Adam, Ben, and Cam gather for coffee and decide to kill Vic in vengeance because they all think he killed Evan. Cam, however, determines the plan is not for him and leaves.
Ben accidentally shoots and robs Gloria, then gives Adam the money to buy a getaway car to use once they kill Vic. Don drives Adams to Vic’s property, where he intends to end Vic’s life. Once they arrive at Vic’s residence, Dons gets scared, drives off, and calls the police while Adams proceeds with the mission and kills Vic. Cam realizes what Adam has done and decides to hide him at a remote hunting cabin until the police trace them. This case study examines the offenses undertaken by each person, as well as possible collaborators and available defenses.
Discussion
Adam
Adam’s first offense is criminal mischief, which occurs when someone willfully tampers with or destroys the physical property of another. To find his gun, Adam breaks into the neighbor’s home. Adam conspired to conduct a crime with Ben by arranging for Vic to be killed when they met for coffee.
By preparing Vic’s execution in advance and ultimately shooting him, Adam also commits murder. Adam assassinated Vic with malice because he thought Vic had killed Evan by drowning him in the lake. According to the product of the mental illness test, criminal culpability is waived if a mental illness caused a criminal act. The insanity defense will, therefore, likely be used in these situations. This defense will probably be successful if it is medically proven that Adam suffers from various mental illnesses.
Ben
Ben commits robbery by using force and threats to take Gloria’s money. This felony, sometimes known as larceny by threat, is thought to be more severe than most other theft-related offenses. Furthermore, when Ben unintentionally shoots Gloria during the robbery, he commits involuntary manslaughter. A person who kills someone unlawfully without intending to do serious physical injury to them or kill them is said to have committed involuntary manslaughter. Ben also plans to perpetrate the crime of assassinating Vic beforehand.
To buy the getaway automobile they would drive after killing Vic, Ben offers Adam $750. Ben will invoke the intoxication defense and argue that his impaired mental state should exonerate him from criminal responsibility since he could not form the required mens rea. This defense would not be successful because he plans to kill Vic while not intoxicated.
Cam
Cam will be charged with accessory after the fact because, once Adam shot and killed Vic, he helped Adam by sheltering him in a remote cabin. A person who aids a criminal after the perpetrator has executed the offense is considered an accessory. Cam is now considered an accomplice and will face prosecution even though he did not directly carry out the fatal deed. Cam can also be prosecuted for a crime of omission because he was aware of Adam and Ben’s plot to assassinate Vic, but did not fulfill his obligation to inform the proper authorities.
A legal omission is a refusal to take action, which typically has different legal repercussions than positive behavior. While having coffee with Adam and Ben, Cam wants to have no part in killing Vic; thus, he uses the abandonment and withdrawal defenses. These defenses are used when a defendant claims they never started or participated in a crime because they left it unfinished before it occurred. The defense would not be successful since Cam took him to a remote cabin after Adam killed Vic to hide from the law.
Don
According to the unilateral theory of conspiracies, not every participant in a scheme must concur with the other accomplices. One is deemed guilty of conspiracy if they take part in the arrangement, even though they had no intention of carrying it out or were unaware of the other participants. Don did not know Ben and Adam’s plan to murder Vic.
However, Don is charged with conspiracy since he drove Adam to Vic’s residence in order to engage in the agreement. Since Don got scared and left after dropping off Adam at Vic’s trailer, Don can use the defenses of abandonment and withdrawal. This defense could be successful because Don withdrew before the crime’s completion and informed the police.
Conclusion
According to the evidence presented in this case, Adam, Ben, Cam, and Don are guilty of different offenses. Some of these atrocities, nevertheless, have justifications and potential defenses. Due to his many mental illnesses, Adam would benefit from the insanity defense. Ben fails in his attempt to use the defense of intoxication because he goes on to organize Vic’s murder while sober. Cam and Don would use the defenses of withdrawal and abandonment. The court will use this information to punish those who are accountable.