Katie Roberts was wasting away from the effects of an incurable disease. She ask

Question

Katie Roberts was wasting away from the effects of an incurable disease. She asked her husband Frank to help her commit suicide. In response to her request, Mr. Roberts mixed poison and water and placed the mixture on a chair within her reach. She took the poison and died several hours later. Mr. Roberts admitted placing the poison within her reach but denied having the required mental state for first-degree murder because he was responding to his wife's request and was motivated by love and mercy. Will he prevail? Explain. People v. Roberts, 178 N. W.690 (MI).

Explanation / Answer

Here the question is not about whether the suicide is criminal offence or not as pleaded by Robert. He pleaded that her wife committed cuicide which is not unlawful and hence him aiding in the suicide doesnt make him criminal.

But if ot was a purely common law atmosphere with a strictly commom law practiceand the defendant would be charged iwth the being guily as accessory of the suicide, the abpve agreement would be more persuasive. However here Robert is not charged asaccessory of the suicide but for murder. and he committed the crime with memans of poison. When one person aids, advises, encourages someone for suicide and is present at the time when the other is committing suicide then the former is guilty of murder as a principal.

Thus, his arguement would not prevail and he would be convicted with the first degree murder.

Related Questions

Navigate

• Browse (All)
• Browse K
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.