Facts: The client, Jason, is charged with murder in the first degree. Jason hated Kim for ruining Jason’s business. Jason decided to kill Kim. Jason followed Kim for several weeks and discovered that Kim jogged once a week next to a country road. Jason hid on a hill near where Kim jogged and planned to shoot him. As Kim ran by, Jason fired and missed. When Kim heard the report from the rifle, he felt the bullet whiz by him and jumped onto the road, where he was hit and killed by a passing car. A witness saw Jason. He was caught and charged with first degree murder.

 

Rule of Law: Criminal Code Section 18-8-101, Murder in the first degree. “A person commits murder in the first degree if:

a.   After deliberation and with the intent to cause the death of a person other than himself or herself he or she causes the death of that person or another person; or

b.   Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault, and in the course of the crime the death of a person is caused by anyone.”

 

Problem: Identify the murder issue. (read underneath)

STEP 1: Identify each type of cause of action and area of law possibly involved.

STEP 2: Determine the elements of each cause of action identified in Step 1.

STEP 3: Determine which of the facts of the client’s case apply to establish or satisfy the

elements of each cause of action—the key facts

STEP 4: Assemble the issue from the law and key facts identified in Steps 2 and 3