Carl E. Vatcher fatally shot his 11-year-old son, James. A Superior Court jury convicted him of murder

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Carl E. Vatcher fatally shot his 11-year-old son, James. A Superior Court jury convicted him of murder in the first degree on a theory of deliberate premeditation. On the morning of the shooting James’s mother left for work shortly before 8 a.m., leaving the defendant and James alone together. James had a number of physical and developmental disorders, including hypotonia1 and attention deficit disorder. He was a third grader who participated in a special needs program, could not read, bathe himself, or tie his shoes, and had some difficulty climbing stairs and walking. At trial, James’s teachers described him as a “very easygoing, lovable child” who got along well with other children at school. He “enjoyed being with people and people enjoyed being with him....”


Did Carl Vatcher commit murder or voluntary manslaughter? Defend your answer with points made in the sections, “Kinds and Degrees of Murder;” “First-Degree Murder;” and “Second-Degree Murder.” Then, review the Massachusetts Supreme Judicial Court’s opinion of the case at http:// masscases.com/cases/sjc/438/438mass584.html. Did reading the opinion change your mind? Explain your answer.

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Criminal Law

ISBN: 9781305577381

12th Edition

Authors: Joel Samaha

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