Introduction
A crime is an offence that requires public condemnation and retribution, typically in the form of a fine or prison sentence. This is distinct from a civil wrong (a tort), an action brought against a person and calls for restitution or payment of damages. Criminal offences are typically prosecuted by the State or the Commonwealth, whereas a civil action is generally brought by an individual. An individual could also file a criminal complaint, which is extremely uncommon. (Cusson M. 2017) According to this case, Dan has committed a crime for which he will be charged in a court of law. He won’t be charged for the death of Victor alone but also other crimes like attempted murder and possession of a harmful substance. A defendant may assert a defense (or defenses) in a civil action or criminal prosecution under common law or the statute in an effort to avoid civil liability or a criminal conviction. A defense is presented by a party to disprove a claim or action against the party and may be founded on legal justifications or factual assertions (Tertrais B 2021). In this case, Dan won’t be able to raise any defense because his intentions are well known. He intended to kill the burglar using deadly force.
Charges against Dan
Several charges will be raised against Dan. Depending on the particulars of the case and the laws of the jurisdiction where the crime was committed, Dan may be charged with murder, more specifically, fast-degree murder or involuntary manslaughter.
Involuntary manslaughter is a type of manslaughter that refers to unintentional homicide caused by criminally negligent or reckless behavior (Adside, C 2018). It can also refer to an unintentional killing committed while committing a non-felony crime. The lack of intention sets it apart from voluntary manslaughter. It is typically separated into the criminally punishable categories of constructive manslaughter and criminally negligent manslaughter. Because Dan knowingly added cyanide to the cookies, knowing that it would likely result in death, and left them on his kitchen counter, he can be charged with murder. Dan intended to kill the burglar, but an innocent child was killed instead. Dan can therefore be accused of murder since he is to blame for Victor’s demise.
Another charge raised against Dan is attempted murder. An unsuccessful or abandoned murderous attempt is an attempted murder (Gordard, E 2022). Similar to other crimes, attempted murder involves both a physical act and malicious intent. An individual must directly approach the victim and have the deliberate intent to kill them in order to be charged with attempted murder. Dan can also be charged with attempted murder because he intended to kill the burglar and used the cyanide-laced cookies as a significant step. Dan is still responsible for the attempted murder even though an innocent child died rather than the burglar.
Since Dan had cyanide, a poisonous and lethal substance, he could also be charged with possession of a lethal substance (Mulligan, C.B 2022). Even if Dan had initially intended to use the cyanide to deter a break-in, it is still unlawful to have a lethal substance in your possession without a valid reason.
Causing the death of another person through reckless behavior or while committing another crime but with no intent to kill carries a lighter sentence than most other types of homicide, such as first or second-degree murder. Although sentences for involuntary manslaughter vary by state, the crime is typically treated as a felony at both the federal and state levels. This means it is punishable by at least 12 months in prison, fines, and probation, among other things (Maddy, T 2020). According to federal sentencing guidelines, the minimum sentence for involuntary manslaughter is 10 to 16 months in prison; however, the maximum sentence rises if the crime was committed through reckless behavior. In both criminal and tort law, recklessness is characterized as the mental state in which a person intentionally and irrationally pursues a course of action while consciously ignoring any risks associated with such action (Beiber, J. D. 2023).
Dan was reckless in leaving poisoned cookies on the kitchen table, which led to the death of an innocent child Victor. Dan’s sentence might increase due to his act of recklessness. However, depending on the judge, he might carry a lighter sentence because he intended to kill the burglar.
Defenses Dan can Raise
A defendant may assert a defense (or defenses) in a civil action or criminal prosecution under common law or a statute to avoid civil liability or a criminal conviction. A defense is presented by a party to disprove a claim or action against the party and may be founded on legal justifications or factual assertions.
The defendant may raise a defense, contending that even if the allegations against the defendant are true, the defendant is nonetheless not liable, in addition to contesting the veracity of an allegation made against the defendant in the proceeding. The defendant may also make allegations against the prosecutor or plaintiff. If the court accepts a defense, the defendant is absolved of all liability.
After the prosecution phase, or when the prosecution “rests,” the defense phase of a trial begins. The opening and closing arguments and the cross-examination during the prosecution phase are additional components of the defense.
After the prosecution phase, or when the prosecution “rests,” the defense phase of a trial begins. The opening and closing arguments, as well as the cross-examination during the prosecution phase, are additional components of the defense.
Dan might try to argue that his actions were legal because a police officer had told him he could use deadly force to stop a burglary, so he reasoned that his actions were justified. This defense, though, is not likely to succeed. Only under specific conditions, such as when the user reasonably believes it is necessary to defend themselves or others from impending harm, is deadly force justified. Cyanide-laced cookies are not a rational application of lethal force to thwart a burglary. Additionally, Dan knew his plan was illegal because Ann tried to convince him otherwise.
Conclusion
In relation to Victor’s passing, Dan might be accused of murder, attempted murder, and possessing a poisonous substance. Given that his actions were illegal and recklessly disregarded human life, it is unlikely that he will be able to defend himself successfully.
Reference
Arbouche, N, Gordard, E, Gheldar, L. (2022). Journal of analytical. academic.oup.com
Adside C, Mich.U. (2018). The innocent villain.
Baker, D.J. (2021). The journal of criminal law. journals.sagepub.com
Lee, C, Rev, L. (2018). Reforming the law on police use of deadly force.
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