Reckless Killer There Is Not Term Paper

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Further, an argument could also be made that the act did not occur at night. Although "daylight was waning" it was not yet actually nighttime when it occurred. Finally, a defense can be made as to the intent to commit a felony element. From the facts given, their intent was to enter the cabin to dry off and warm up. Unless it can be proved that their intent was to steal the dry pasta, this element will fail. If all six of the elements of burglary are not proved, then the defendants are not guilty of the burglary charge.

Another possible defense available to the defendants is that of justification. If they can show that their actions were justified in light of their situation and that there was no other reasonable alternative to the breaking and entering, then they have a valid defense against the charge.

Question Four: Was Pierson the Rapist?

In order to be found guilty as an accomplice to the rape committed by Mercer, the prosecution must show that Pierson aided and abetted in Mercer's crime. Aiding and abetting is a theory of accomplice liability. An accomplice is a person who actively participates in the commission of a crime even though they do not take part in the actual criminal offense. According to the law, the accomplice has the same degree of guilt as the person they are assisting.

To be found guilty of aiding and abetting, one must show the following elements: 1) that an underlying violation by a principal occurred; 2) that the accomplice had knowledge of that violation and/or the intent to facilitate the violation; and 3) provided assistance to the principal in the violation.

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Withdrawing from the action is only a defense if the person clearly demonstrates they are withdrawing, such as by giving notice of the withdrawal to the principal.

In the case at hand, it is likely that Pierson will be held responsible for Mercer's rape of Susie. Clearly Pierson's actions meet the elements of accomplice liability. Further, his leaving of the field does not meet the standards necessary to have a valid defense because he did nothing to give notice of his withdrawal. More so, his agreement to leave Mercer with Susie helped facilitate the rape. Thus, Pierson should be found guilty.

Question Five: Is there a Conspiracy?

In order to be found guilty of conspiracy, it must be shown that there was: 1) an agreement between two or more to commit an offense; 2) an intent to promote the offense at the time of the agreement; and 3) an overt act in furtherance of the agreement.

In the case at hand, because the conspiracy charge involves the distribution of pornography over the Internet, the prosecution must show that all the alleged conspirators had made an agreement to commit that offense. Because the only agreement made by the parties was specifically to run illegal drugs, there is no agreement as to the Internet pornography charge and thus no grounds for a conspiracy conviction. Clearly a better charge would be conspiracy for the drug running because there was an agreement between all the parties to enter into that action and, more so, at….....

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