Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
15. The employee is guilty of
The jurisdiction defines murder in the first-degree as any homicide committed with premeditation and deliberation or any murder in the commission of a common-law felony. Second-degree murder is defined as all other murder at common law. Manslaughter is defined by the common law.
An employee decided to kill his boss after she told him that he would be fired if his work did not improve. The employee knew his boss was scheduled to go on a business trip on Monday morning. On Sunday morning, the employee went to the company parking garage and put a bomb in the company car that his boss usually drove. The bomb was wired to go off when the car engine started. The employee then left town. At 5 a.m. Monday, the employee, after driving all night, was overcome with remorse and had a change of heart. He called the security officer on duty at the company and told him about the bomb. The security officer said he would take care of the matter. An hour later, the officer put a note on the boss's desk telling her of the message. He then looked at the car but could not see any signs of a bomb. He printed a sign saying, «DO NOT USE THIS CAR,» put it on the windshield, and went to call the police. Before the police arrived, a company vice president got into the car and started the engine. The bomb went off, killing her.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
B is incorrect. The employee had the requisite intent to kill, and the requisite premeditation and deliberation, and that intent is transferred to the person who started the car. Although the employee did not intend to kill the company vice president in particular, he is guilty of first degree murder.
C is incorrect. Although at the precise moment the company vice president was killed, the employee did not have the intent to kill anyone, when he took the actions that led to the vice president's death, he did have the intent to kill. The employee cannot escape liability for murder merely because he changed his mind after he set the murder in motion. Regardless of the employee's attempt to stop anyone from using the vehicle, he will still bear criminal responsibility for originally placing the bomb in the vehicle with the intent to murder his boss.
D is incorrect. The security officer's failure to save the company vice president's life is not an intervening act that would negate the employee's responsibility in causing the vice president's death. It was completely foreseeable that someone other than the boss would be killed as a result of the employee's actions, and the security guard's failure to stop the company vice president will not negate the employee's guilt. Therefore, the employee is guilty of first degree murder.