In this DF you are asked to apply the Model Penal Code, Article 210 to five scenarios. The text of the applicable Code sections is printed on pages 406 and 407 of the text.

In this DF you are asked to apply the Model Penal Code, Article 210 to five scenarios. The text of the applicable Code sections is printed on pages 406 and 407 of the text. To that rendition of Article 210 add this section:

         Section 210.5 Causing or Aiding Suicide

        (1) A person may be convicted of criminal homicide for causing another to commit suicide only if he purposely causes such suicide by force, duress or deception.

        (2) A person who purposely aids or solicits another to commit suicide is guilty of a felony of the second degree if his conduct causes such suicide or an attempted suicide , and otherwise of a misdemeanor.

The five scenarios are set out below.

Note that this is a legal reasoning exercise and discussion, requiring that you apply the steps in legal analysis and statutory interpretation. Participating in discussions regarding those issues can be difficult because there is a tendency to devolve into pure opinion posts, rather than well-reasoned, well-articulated, discussion. So it is particularly important when engaging in this DF, to avoid “I believe…,” “I feel…,” and “I think…” not only formally, i.e., not only in the words you post, but in the way you approach the topic. We are seldom concerned simply with what your opinion is, but rather whether and how that opinion can be justified through legal reasoning, logic, and supporting facts.

Scenarios:*

1. A robber who knows that he has been infected with the human immunodeficiency virus (HIV) rapes one of his robbery victims. As a result of the rape, his victim also becomes infected with HIV.

2. Janet, to protest what she views as the increasing decadence of modern society, leaves a bomb in an empty adult movie theater. Later that night the bomb goes off and kills the janitor, who was there cleaning the theater. 

3. Rita accompanies John while he robs a store owner at gunpoint. The gun goes off, and the owner is killed by the gunshot.

4. Five boys are playing a game of “chicken” in which they pass a partially loaded gun (one of the six chambers contains a live bullet) around the circle. Each player takes a turn spinning the cylinder, pointing the gun at his head , and pulling the trigger. When Dan takes his turn, the gun goes off, and he dies instantly.

5. Marjorie owned a 130 pound dog. On more than 30 occasions the dog had lunged, snapped, and growled at people or physically attacked other dogs. One day, in the hallway of her apartment building, the dog broke away from her, and attacked and killed a neighbor. Marjorie did not call 911 for help, never asked after the attacked about the victim’s condition, and returned to the scene of the attack, not to assist the dying victim, but to find her keys.