Decide which of the following is the best result for each of the situations described in the following section. You should be able to support your decision. Grades A. Guilty of capital murder (a death penalty eligible murder, done with premeditation plus a "special circumstance, such as multiple victims, a victim who is a child, police officer, pregnant woman or prison inmate, or a planned killing committed along with some other violent felony). B. Guilty of first-degree murder (premeditated- deliberate- on purpose) C. Guilty of second-degree murder (knowing the risk of death - malicious- cold hearted) D. Guilty of voluntary manslaughter (an act committed in the heat of passion or while not in control of one's faculties or emotions) E. Guilty of involuntary manslaughter (an unintended death resulting from extreme recklessness) F. Guilty of felony murder (an unintended death resulting from a deliberately committed dangerous felony: usually burglary - arson, reap, robbery or kidnapping - the "BARRK" crimes) G. Not guilty by reason of insanity: A killing committed by a defendant who was suffering from a diagnosable mental illness or intellectual disability at the time, where the illness or disability was so severe that: i. In federal court: the defendant did not know what he was doing or did not know that what he was doing was wrong. ii. In Virginia: the defendant did not know what he was doing, did not know that what he was doing was wrong, or was reacting to an irresistible impulse. iii. In Maryland: the defendant suffered a substantial impairment of his ability to appreciate the nature and wrongfulness of his conduct. H. Not guilty due to self defense i. In MD, DC and VA: Defendant reasonably and honestly believed that he or another human being was about to suffer serious bodily injury or death. If in a public place, defendant was not sure that he could retreat in complete safety. If at home, defendant had no duty to retreat unless the assailant was another occupant of the same home. ii. In "stand your ground" states: the state proves beyond reasonable doubt that the defendant was NOT in reasonably and honest fear for his bodily safety, or for the safety of another human being. Defendants in stand your ground states have no duty to retreat, regardless of where a confrontation occurs. I. Justified or excused and therefore "legal" homicide

Killings by police in the line of duty (and while reasonably and honestly believing that the person killed was threatening either the police or the public with serious injury or death). Also, killings in the course of military operations and legal executions. J. Not guilty of any homicide because this defendant is not legally responsible for the death of a human being. Remember that, unless a state has a statute making feticide a crime, a "human being" is someone who has taken his or her first breath but who has not yet had his or her last brain wave. Scenarios All of the scenarios that follow are based on actual cases. Choose the letter (A through J) that is the best fit for each. It's OK to use some letters more than once. 1. Defendant, an insurance salesman, took out a large policy on his wife's life. He then hired two hit men to kill her and to beat him up so that it would appear as though the two of them had been the victims of a robbery. Defendant took his wife out to dinner and for an evening of gambling and entertainment in Atlantic City. On the drive home, he pretended that the car was having problems and pulled over at a dark deserted rest stop, where the hit men met him, killed his wife and pistol whipped him as planned. 2. Defendant, a 24-year-old single mother, was angry that her three-year-old daughter had had yet another potty accident, and decided to "teach the child a lesson." She filled her bath tub with extremely hot, scalding water (some of it brought to boiling in a tea pot), and then lowered the naked little girl into the tub - pushing her down to force her to sit and ignoring her screams. When the defendant brought the child to the hospital, the next morning, the child was barely conscious and had very little skin left on her body below her waist. What skin there was blistered peeling and swollen. The child died within 24 hours, of complications from severe burns and systematic shock.