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Unit 6 Assignment

1. Michael and his girlfriend Jane argue outside a supermarket. Michael pushes Jane into his car against her will, locks the doors when she tries to escape, and drives away with her trapped inside despite her pleas to be let out. This summary describes the crimes of battery, kidnapping, and false imprisonment. 2. Voluntary manslaughter has four elements: adequate provocation, provocation as the sole trigger for loss of control, a short time between provocation and killing with no time to cool off, and no calming down between provocation and killing. An example is provided. 3. David and his friend John commit a bank robbery, during which police arrive and shoot and kill John. David should not

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390 views

Unit 6 Assignment

1. Michael and his girlfriend Jane argue outside a supermarket. Michael pushes Jane into his car against her will, locks the doors when she tries to escape, and drives away with her trapped inside despite her pleas to be let out. This summary describes the crimes of battery, kidnapping, and false imprisonment. 2. Voluntary manslaughter has four elements: adequate provocation, provocation as the sole trigger for loss of control, a short time between provocation and killing with no time to cool off, and no calming down between provocation and killing. An example is provided. 3. David and his friend John commit a bank robbery, during which police arrive and shoot and kill John. David should not

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klm klm
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Running head: Unit 6 1

Unit 6 Assignment

Nicolette Lo Conti

Post University
Unit 6 2

1.Michael and his girlfriend, Jane are having a verbal argument in front of the supermarket. Jane

says, “You know what…I am walking home”. Michael replies, “No you’re not!” He then opens

the right front passenger side door and pushes Jane inside. He gets in the driver’s seat and drives

off, while Jane is trying to unlock the door to get out. Michael relocks the door and continues

driving. Jane repeatedly asks him to let her out. Think about the crimes that Michael has

committed. Describe the crimes and the elements. Then, identify which portions of the scenario

meet the elements.

Throughout this scenario there are many different crimes that take place with

Michael and Jane. Michael has committed many crimes such as battery, the unlawful

harm or offensive contact with another individual, kidnapping, when a person has some

type of movement or concealment in a secret place, and false imprisonment, the

confinement of a person without their consent. Battery occurred when Michael had

opened the passenger door to the vehicle and pushed Jane inside. Jane was trying to get

out of the vehicle and Michael would not allow her to do so he was committing

kidnapping. Finally, Michael had committed false imprisonment during the time of Jane

trying to escape the vehicle and he had kept relocking the car doors preventing her to

escape.
Unit 6 3

2.Discuss the elements of Voluntary Manslaughter and the concept of adequate provocation.

Provide an example or scenario which demonstrates the incorporation of both.

There are many elements of Manslaughter that need to be met in order for it to be

recognized as voluntary. Voluntary Manslaughter is a criminal act that occurs when an individual

kills another without any premeditation after a serious provocation also known as “in heat of

passion.” There are four different elements for it to be considered voluntary. For example, John

had come home early from work and walked in on his wife having an affair with another man.

John had grabbed the lamp on the night stand table and hit the other man over the head which

resulted in the man’s death. Throughout this scenario all four elements where seen showing it

was voluntary manslaughter. First is the provocation, which must cause rage or fear in a

reasonable person. In this scenario John’s provocation was when he walked into his home and

saw his wife Mary having an affair with another man. Second, the provocation must be the only

thing that triggers the individual to lose control no matter how sufficient something else is. John

catching his wife was the only thing that caused him to lose control. The third element is the time

lapse between the time of the provocation and the killing, meaning that during this time the

defendant must not have a long time to calm down before the killing. During the event John had

shown this third element he did not have a long time to cool off he reacted by hitting the man

over the head with the lamp. Finally, the fourth element is the defendant must not have calmed

down between the provocation and the killing. Throughout this scenario John had shown all four

elements to voluntary manslaughter.


Unit 6 4

3.David and his friend, John, commit a bank robbery. In the process of doing so, the police arrive

and John is shot and killed by the Police. Consider whether or not David can be charged with

Felony Murder for the death of John. Describe the elements of Felony Murder, conduct an

analysis of the scenario presented and provide support for your opinion on whether or not David

can be charged with the Felony Murder for he death of John.

During this scenario David and his friend John were committing robbery when John was

shot and killed by officers on the scene. David should not be charged with Felony Murder for

various reasons. Felony Murder is when someone commits a certain kind of felony and in the

event of the crime had caused the death of another person during the first felony crime. In this

case David did not intend to kill his only intention was to commit the robbery unfortunately the

officers started firing and killed John. Felony murder does on the other hand allows a defendant

to be charged with murder for a killing that occurs during the dangerous event that took place. In

my opinion David should not be charged for the murder of his friend John.

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