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Posted: August 4th, 2022
Several crimes have been committed in this scenario
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Institution
Essay
Several crimes have been committed in this scenario. For instance first degree murder was committed. This kind of murder is defined as an illegal killing that is both deliberate and premeditated (Barrit, 2019). In this case, Ernie kills the big yellow bird willingly. Since the bird has constantly harassed her, she decides to use her gun to shoot him to stop him. Moreover, her longstanding fear of birds from childhood prompts her to do something to end the torture the bird has been inflicting on her. She does not even demonstrate guilt after the act. The defense that applies in Ernie’s case is self-defense. She may argue that she was trying to protect herself from the bird which she believed was going to harm her.
Attempted murder is yet another crime committed. Attempted murder refers to a crime of trying to commit an illegal killing and specific intention to cause death of another person (Scheb, 2018). Bert actually wanted to kill his nemesis Count and this is demonstrated by his action of pulling out a hand gun, aiming it at him and pulling the trigger. However, the handgun was not loaded as Bert had forgotten to do it. The defense for attempted murder is impossibility. Bert can argue that gun utilized in the attempt was a non-functioning one, so the murder could not have occurred anyway.
Manslaughter also occurred in this case. Manslaughter denotes to an illegal killing that does not involve malice aforethought-intention to seriously harm or kill, or extreme, careless, disregard for human life. From the events, it seems that the Schizophrenic Count did not intend to kill Oscar as he only wanted to drink his blood as he believed drinking blood is normal. Unfortunately, Oscar died in the process. The defense for the manslaughter crime is insanity. Count may argue that he was not able to realize that the act was wrong.
References
Barritt, C. (2019). First degree murder. John Wiley & Sons.
Scheb, J., & John S., I. (2018). Criminal law. Cengage Learning.
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