PRACTICE EXAMINATION ISSUE ANALYSIS

CRIMINAL LAW

ESSAY QUESTION 1 OF 1

State vs. Fabio

Homicide

Homicide is the killing of one human being by another.

When Fabio shot Nicholas with a gun and he died, there was a killing of a human being by another.

Actual Causation

Defendant’s acts must have been the actual cause of the victim’s death, i.e., but for the Defendant’s actions the victim would not have died.
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"But for" Fabio shooting Nicholas, Nicholas would not have been killed. Fabio is the actual cause of Nicholas’ death.

Thus, Fabio is the actual cause of Nicholas’ death.

Proximate Causation

A Defendant’s actions are the proximate cause of the victim’s death if the result occurred as a natural and probable consequence of Defendant’s act and there was no intervening event sufficient to break the chain of causation

Nicholas’ death was the natural and probable consequence of Fabio shooting him with his gun and a foreseeable result of Fabio's shooting. Thus, Fabio is the proximate cause of Nicholas’ death.

Thus, Fabio committed a homicide.

Murder

Murder is an unlawful killing committed with malice aforethought. Malice aforethought can be evidenced as an intent to kill, intent to cause great bodily harm, or through willful and wanton conduct.

When Fabio saw his wife Michelle in bed with Nicholas, an old high school friend, he became very angry. After a few days when Fabio felt better, he remembered what he had seen when he came home from work ill and drove to a gun shop to purchase a gun and ammunition. Fabio then drove to Nicholas’ home and shot and killed him. Thus, an unlawful killing occurred.

TAFT LAW SCHOOL

PRACTICE EXAMINATION ISSUE ANALYSIS

CRIMINAL LAW

ESSAY QUESTION 1 OF 1

Fabio was angry at Nicholas for sleeping with his wife. Thus, Fabio’s pointing and firing a gun at