Legal Issue Issue I The first issue is whether Doris Night can be found guilty of a voluntary manslaughter, first-degree or second-degree voluntary or reckless homicide. Rule When Wisconsins criminal code was corrected and redrafted, the specific charge of manslaughter was replaced by the current law (Van Wagner & Wood, S.C., Manslaughter n.p.): – Wisconsin Law: Crimes Against Life: – First-degree intentional homicide; – First-degree reckless homicide; – Felony murder; – Second-degree intentional homicide; – Second-degree reckless homicide, etc. In La Crosse, Wisconsin, the jurisdiction where the murder occurred, the first degree intentional homicide (940.01 – 1999 Wisconsin Act 9) is charged as the act of any person intentionally causing the death of abother person (or unborn child).
The actual victim need not to be the intended victim. Wisconsins first-degree intentional homicide charge is a Class A felony, punished by life imprisonment (Van Wagner & Wood, S.C., Intentional Homicide n.p.).
In case the defendant claims mitigating circumstances, the judge may find the defendant guilty of the second degree intentional homicide (940.05 1999 Wisconsin Act 9), and in definite circumstances, mitigating circumstances may preclude prosecution.
Wisconsins law defines the second degree intentional homicide as act of any person intentionally causing the death of another person (or unborn child).
The actual victim need not be the intended victim. Wisconsin law makes second-degree intentional homicide a Class B felony, punishable by imprisonment for up to 60 years. Mitigating circumstances are an available affirmative defense to first-degree intentional homicide, but they are unavailable to second-degree intentional homicide (Van Wagner & Wood, S.C., Intentional Homicide n.p.).
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According to Wisconsins law, a second-degree reckless homicide is the reckless causing of the death of another human being or unborn child, and carries a penalty of a Class D felony (Van Wagner & Wood, S.C., Reckless Homicide n.p.).
The reckless homicide is usually defined as an intentional killing committed when the defendant had no prior intention to kill. Such intentional killing occurs in the heat of passion. The circumstances that lead to the murder should force a reasonable person to become mentally and/or emotionally disturbed, without proper and adequate time for reflection or premeditation. Otherwise the murder can be charged as a first-degree or second-degree intentional homicide without mitigating circumstances.
Analysis In applying the rule to the facts at hand, we find that the defendant Doris Night took her daughter to La Crosse practice. There Doris Night got into an argument with another parent, Rocky Hadson. The issue of the conflict was about too much rough housing by the child on the field. The defendant argued for a minute or so, and, within the course of the talk, the victim Rocky Hadson, who was much smaller than defendant Doris Night, pushed the defendant and called her name Doris-of-the-Night. The defendant knocked Rocky Hadson down, kicked him several times, and repeatedly slammed Rocky Hadsons head against the floor, before being pulled off by other parents. In result of the fight, Rocky Hadson was found dead. We know that Doris Night didnt have any personal antipathy to Rocky Hadson, and it is highly likely and reasonable that Doris Night kicked Rocky Hadson, and repeatedly slammed his head against the floor without the knowledge, and the substantial certainty that Rocky Hadson would be killed. Kicking Rocky Hadson and repeatedly slamming his head against the floor would constitute second-degree reckless homicide.
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Conclusion Doris Night could possibly be convicted of second-degree reckless homicide. Reckless homicide requires, among other things, that the person committed the crime in the heat of passion, and did not have time to calm down. Here, the time that passed was so short that a reasonable person in Doris Nights position almost undoubtedly wouldnt have time to calm down. Therefore, the second-degree reckless homicide is likely to happen. This leads to the conclusion that Doris Night is liable for second-degree reckless homicide. Issue II Another issue is whether the evidence and witness can be treated as aggravating circumstances.
Rule Aggravating circumstances are defined as circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer’s penalty or punishment (Legal Definition n.p.).
Domestic violence is defined by Wisconsins Statute, s.968.075 as the intentional infliction of physical pain, injury or illness; intentional impairment of physical condition [] or a physical act that causes the other person to reasonably fear that any of these actions will occur. Since 1989, Wisconsins mandatory arrest law is applied (that means that the primary physical offender should be arrested) (http://www.cityofmadison.com/police/dvlawswi.html ).
Analysis In the present case Doris Night had been arrested 15 years ago for domestic violence to her previous spouse. However, the spouse refused to testify and the charge was dropped. The charge can not be treated as aggravating circumstances and/or have any influence on the current case due to remoteness of events.
What concerns the second evidence, (a witness who will testify that the defendant had a reputation for being loud and had a habit of yelling at sport games), it is important to note here that witness will hardly be able to prove the serious and/or repeated aggression based on a habit of being loud and yelling at sport games. Therefore, it will hardly be taken into account as aggravating circumstances. Conclusion Taking into account the data examined in analysis section, the evidence of domestic violence and the evidence that the defendant Doris Night had a reputation for being loud and had a habit of yelling at sports games hardly can be examined by the judge as aggravating circumstances that increase the seriousness or outrageousness of a given murder, and that in turn increase the defendants punishment. Bibliography Legal Definition. Aggravating Circumstances. Retrieved August 29, 2006. http://www.nolo.com/definition.cfm/Term/8FFF20CD-4 C08-4037-B059643FEB3FCF4F/alpha/A/ Van Wagner & Wood, S.C., Intentional Homicide. Retrieved August 29, 2006. http://www.vanwagnerwood.com/CM/Custom/Intentional _Homicide.asp Van Wagner & Wood, S.C., Manslaughter.
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Retrieved August 29, 2006. http://www.vanwagnerwood.com/CM/Custom/Manslaughte r.asp Van Wagner & Wood, S.C., Reckless Homicide. Retrieved August 29, 2006. http://www.vanwagnerwood.com/CM/Custom/RECKLESS_HO MICIDE.asp.
