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16. Should the appellate court uphold the convictions?
Nine gang members, including the gang leader, were indicted for the murder of a tenth gang member, who had become an informant. The gang leader pleaded guilty. At the trial of the other eight gang members, the state's evidence showed the following: The gang leader had announced a party to celebrate the release of a gang member from jail, but the party was not what it seemed. The gang leader had learned that the released gang member had earned his freedom by informing the authorities about the gang's criminal activities. The gang leader decided to use the party to let the other gang members see what happened to informants. He told no one about his plan. At the party, after everyone had consumed large amounts of liquor, the gang leader announced that the released gang member was an informant and stabbed him with a knife in front of the others. The eight other gang members watched and did nothing while the released gang member slowly bled to death. The jury found the eight gang members guilty of murder, and they appealed.
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B is incorrect. This answer correctly states that the convictions should not be upheld, but it misstates the reasoning for this conclusion. Murder does not require specific intent to kill, but may be committed in other circumstances (e.g., intent-to-do-serious-bodily-harm murder, depraved-heart murder, and felony murder). In this case, the eight gang members are not guilty of murder because they took no affirmative steps and were merely present at what turned out to be a crime scene.
C is incorrect. The eight gang members did not have a legal duty, enforceable by the criminal laws, to save the informant. Moreover, they are not responsible for the murder because they took no affirmative steps and were merely present at what turned out to be a crime scene.
D is incorrect. The conclusion is wrong and the principle is inapposite. In this case, the eight gang members were not responsible for the murder regardless of whether they were sober or intoxicated, because they took no affirmative steps and were merely present at what turned out to be a crime scene.