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18. As to the deaths of the eight persons, what crime, if any, did the wife commit?
A husband and wife took their 12-year-old son to a political rally in an auditorium to hear a controversial United States senator speak. The speaker was late, and the wife stepped outside the auditorium to smoke a cigarette. While there, she saw a man placing what she believed to be a bomb against the back wall of the auditorium. She went back inside and told her husband what she had seen. Without alerting anyone, they took their son and left. Some 20 minutes later, the bomb exploded, killing 8 persons and injuring 50. In the jurisdiction, murder in the first degree is defined as an intentional homicide committed with premeditation and deliberation; murder in the second degree is defined as all other murder at common law; and manslaughter is defined as either a homicide in the heat of passion arising from adequate provocation or a homicide caused by gross negligence or reckless indifference to consequence.
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A is incorrect. The wife is not guilty of manslaughter because she had no duty to warn, and moreover, exhibited no gross negligence or reckless indifference to potential consequences.
B is incorrect. The wife is not guilty of murder in the first degree because she had no duty to warn, nor did she engage in any premeditated or deliberate actions.
C is incorrect. The wife is not guilty of murder in the second degree because, again, she had no duty to warn, which absolves her of liability for any other potential murder charge at common law.