When iracing the issues. Please break apart each elements and prove it up based on the facts.
Doug was watching television in his apartment. There was a loud party outside that was making it hard for Doug to watch television. Doug yelled out his window for them to quiet down, and Tom yelled back an obscenity to which Doug responded in kind. Tom angered, ran upstairs to Doug's apartment and banged on the door. When Doug did not answer the door, Tom then tried the door and found Doug had left it unlocked. Tom entered Doug's apartment and threatened to beat Doug badly, to which Doug, fearing for his life, grabbed a gun in a nearby drawer, and shot and killed Tom. Doug then panicked and fled. Doug was arrested three days later.
Can Doug be convicted of murder or any lesser included offenses?© BrainMass Inc. brainmass.com October 25, 2018, 6:18 am ad1c9bdddf
Issue: The issue in this case is whether or not the circumstances under which the use of a firearm to kill Tom, would warrant that Doug would be convicted of murder or any lesser included offenses.
Rules: In US jurisdictions, murder constitutes the illegal killing of another individual, and to have engaged in the killing of this individual with malice a forethought. Criminal intent to commit murder means that the perpetrator must that have expressed the intent to kill the other party, intended to inflict some form of serious bodily harm to the other party, must have exhibited a malignant heart in respect to the high probability of his or her act having potentially life-threatening effects on the victim, and engaged in an attempt to commit a hazardous or life threatening felony. Self-defense can be ...