elements of homicide
Order Instructions
You are a detective assigned to obtain and assemble evidence in this case to assist the prosecutor in determining which charges to bring against Mrs. Andrea Yates. Her choices are first degree murder; second degree murder; voluntary manslaughter; or involuntary manslaughter.
Prepare a memo to the prosecutor and in it include the following:
Your first paragraph should have the heading “Facts” and should briefly summarize the facts of the case. Hone in only on the facts relevant to possible homicide charges. You will need to sift through the facts and provide a very succinct paragraph so the prosecutor has the facts necessary to determine the appropriate charge, but don’t get bogged down discussing other facts not relevant to the question of what charges are appropriate.
Your next paragraph should have the heading “First Degree Murder”. Under that heading, explain what actus reus, mens rea and corpus delicti is necessary to charge someone with first degree murder. Then use specific facts from the Yates case to analyze whether this charge would be appropriate. Make sure to explain why it would be appropriate if you decide it is a valid charge, or why it is not a valid charge if your research determines that the prosecutor could not prove the elements of this charge at trial.
Your next paragraph should have the heading “Second Degree Murder”. Under that heading, explain what actus reus, mens rea and corpus delicti is necessary to charge someone with second degree murder. Then use specific facts from the Yates case to analyze whether this charge would be appropriate. Make sure to explain why it would be appropriate if you decide it is a valid charge, or why it is not a valid charge if your research determines that the prosecutor could not prove the elements of this charge at trial.
Your next paragraph should have the heading “Voluntary Manslaughter. Under that heading, explain what actus reus, mens rea and corpus delicti is necessary to charge someone with voluntary manslaughter. Then use specific facts from the Yates case to analyze whether this charge would be appropriate. Make sure to explain why it would be appropriate if you decide it is a valid charge, or why it is not a valid charge if your research determines that the prosecutor could not prove the elements of this charge at trial.
Your next paragraph should have the heading “Involuntary Manslaughter”. Under that heading, explain what actus reus, mens rea and corpus delicti is necessary to charge someone with involuntary manslaughter. Then use specific facts from the Yates case to analyze whether this charge would be appropriate. Make sure to explain why it would be appropriate if you decide it is a valid charge, or why it is not a valid charge if your research determines that the prosecutor could not prove the elements of this charge at trial.
Your last paragraph should be titled “Conclusion”. In it, please conclude with your recommendation to the prosecutor as to what charges are appropriate.
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