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30. What lesser-offense instruction should the defense attorney request?
The woman was tried for murder. At the close of the evidence, the court refused to dismiss the murder charge but offered to give a lesser-offense instruction.
A woman became extremely intoxicated after a night of heavy drinking at a party. After the party was over, she got into her car and sped off. While driving 70 mph in a 30-mph zone, she struck and killed a pedestrian. Blood tests revealed that her blood alcohol content had been more than twice the legal limit at the time of the accident.
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A is incorrect. Depraved-heart homicide is a form of murder. Therefore, this instruction would not constitute a lesser-offense instruction.
C is incorrect. Voluntary intoxication is a theory of defense and is not a crime in and of itself. Even if understood as the offense of «public intoxication,» it would be a poor choice because public intoxication is not a lesser included offense to murder.
D is incorrect. Here, the facts do not suggest that the woman intended to kill the pedestrian. Nor do they suggest any sort of provocation typical of when voluntary manslaughter is used to reduce a murder charge.