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Only New York attorneys and good law students answer?
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I'm wondering if I screwed up on my New York Criminal Law exam. Here was the fact pattern. Man shoots his wife to death after allegedly, she had abused him for years. He claims that he grasped the weapon in self defense after he saw her turn to the kitchen to get a knife. Then the gun "went off." I don't remember if the test explicitly said the defense was arguing that that killing was uninentional but anyway he was charged with second degree intentional murder and his attorneys wanted to raise the defenses of 1) intoxication 2) extreme emotional disturbance and 3) self defense.
Further, the defense wanted to include testimony from his psychiatrist to determine whether the self defense was reasonably necessary.
Further, the court report stated that he had "had a few drinks" prior to the shooting and a witness testified (his mistress) that he had recently said he was back on cocaine after having stopped.
So here was my answer to their jury instruction questions:
1. The court did make reversible error in denying the instruction on intoxication because it could have negated the intent requisite for the intentional murder. I also said that testimony that he was "back on cocaine" should suffice to fill the burden of production needed to support the intoxication claim. I admitted at the end of this response thought that the prosecution may convincingly argue that there was insufficient evidence as to the number of drinks he had etc.
2. There was no reversible error in denying the instruction on extreme emotional disturbance because E.E.D does not negate intent and it appears that the defense predicates its argument on negating intent.
3. It was proper to suppress the evidence of his psychiatrist's testimony because it would murky the reasonableness standard for self defense; a standard that must be objectively ascertained. The question here is would a reasonable person have felt the need to use deadly force or to pick up the gun, not would a psychologically damaged man have felt this need.
Did I screw up?
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Lexie
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Why wouldn't the psychiatrist's testimony help support a claim of self-defense? Wouldn't it help to support a claim that he reasonably believed his life was in danger, based upon the previous incidents? Seems like the exam was looking for a discussion along the lines of "battered women's syndrome", except, obviously, for the gender of the actor.
Oh, well, what do I know, I'm a prosecutor in another State. Hopefully you did OK. |
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Mary L
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Yes, I believe you may have -- sorry! Content seems so-so, and I see no general expositon of the black-letter and any applicable exceptions. As to the actual format of your answer, I certainly hope you used the IRAC format! Generally, good analysis and excellent writing will save the day even if conclusions are nonsensical. |
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OscaritoBaby
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u failed |
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