Scott breaks into a house with the intentions of stealing some jewelry. He is surprised that the owner is at home, grabs his gun, and fatally shoots him. What charge can be filed against Scott? Discuss why.
Sample Answer
Sample Answer
Scott can potentially be charged with several crimes based on the scenario described, including:
- Burglary: Scott can be charged with burglary for unlawfully entering someone’s house with the intent to commit a crime, in this case, stealing jewelry. Burglary charges typically apply regardless of whether the house was occupied or not.
- Felony Murder: Felony murder is a legal doctrine that holds individuals responsible for any deaths that occur during the commission of certain dangerous felonies, even if they did not intend to kill. Since Scott fatally shot the homeowner while committing burglary, he can be charged with felony murder.
- Voluntary Manslaughter: Voluntary manslaughter is a charge that applies when a person intentionally causes the death of another person, but there are mitigating circumstances that reduce the crime from murder. In this case, if it can be argued that Scott shot the homeowner in the heat of the moment without premeditation, he may be charged with voluntary manslaughter.
- Possession of a Firearm During the Commission of a Felony: If Scott was in unlawful possession of a firearm while committing burglary and used it to shoot the homeowner, he can also face separate charges for possessing a firearm during the commission of a felony.
The specific charges filed against Scott may vary depending on the jurisdiction and the circumstances of the case. However, based on the scenario described, these charges are potential options due to the unlawful entry, theft intent, and the resulting death caused by Scott’s actions.
It is important to note that I am not a lawyer, and legal charges can vary based on jurisdiction and specific details of the case. Legal professionals and law enforcement authorities are responsible for determining and filing appropriate charges based on the evidence and applicable laws.