Question

Bill is angry that his co-worker Tim told his boss he was stealing money from the company, resulting in Bill getting fired. He leaves work after getting fired and drives to the town park, where he knows Tim is playing lacrosse. He gets to the park and finds Tim, who is in the middle of a lacrosse game. There are dozens of people at the game and on the field. Tim takes out his gun and fires it at Tim, who is playing lacrosse. He doesn’t hit Tim. Instead, he hits Mickey and Todd, who are watching the game. Mickey is 35 years old and he dies instantly. Todd is 4 years old, and he is rushed to the hospital. While at the hospital, he is rushed into emergency surgery. Unfortunately, no one knows that he is allergic to a certain medication that is administered for anesthetic purposes. As a result of the medication and his allergic reaction, Todd dies.

a. With what charge(s) in the homicide statute should Bill be charged?

b. Will causation be a problem for the prosecutor to prove with respect to Todd? Why?

c. If Bill were a paranoid schizophrenic and he raised an insanity defense, with the facts given, would he be successful? Why? In your response, indicate the test the defense has to prove when establishing the defense.

Answer 1

a. With what charge(s) in the homicide statute should Bill be charged?

Bill should be charged in the homicide statute as a murderer: he would be booked under the murder case.

b. Will causation be a problem for the prosecutor to prove with respect to Todd? Why?

No, the causation would not be a problem for the prosecutor to prove with respect to Todd. The reason is: Bill has clearly tried to kill Tim with his gun. Havig a gun to destroy people will act as a strong evidence.

c. If Bill were a paranoid schizophrenic and he raised an insanity defense, with the facts given, would he be successful? Why? In your response, indicate the test the defense has to prove when establishing the defense.

If Bill were a paranoid schizophrenic and he raised an insanity defense, with the facts given, he would NOT be successful. Because, the attidude of our general society is like that of Tim.