Should Dan be convicted of the murder of Vic or any lesser included offense and if so of what degree and on what theory or theories

INSTRUCTIONS TO CANDIDATES

ANSWER ALL QUESTIONS

Criminal Law

Makeup Midterm

Dan was a passenger in Vic’s car. While driving in a desolate mountain area, Vic stopped and offered Dan a hallucinogenic drug. Dan refused, but Vic said if Dan wished to stay in the car, he would have to join Vic in using the drug. Fearing that he would be abandoned in freezing temperatures many miles from the nearest town, Dan decided to ingest the drug. 

Dan started to hallucinated.  While under the influence of the drug, Dan killed Vic, left the body besides the road, and drove Vic’s car to the nearest town. On his drive back into town, he ran over Ped, who was standing on the side of the road because his car had broken down.  Ped died from internal bleeding and would have survived if Dan would have stopped after hitting him and rendering aid. 

After several days Dan was arrested by police officers who had discovered Vic’s and Ped’s body is on the side of the road. Dan has no recall of the events between the time he ingested the drug and his arrest.

Dan has been charged with the murder of Vic, and the murder of Ped.  Evidence of the above facts has been introduced by the prosecution.  At trial, Dan testified about the events preceding Vic’s death and his total lack of recall of the killing.

1.  Should Dan be convicted of the murder of Vic or any lesser included offense and, if so, of what degree and on what theory or theories? Discuss.

 

2.  Should Dan be convicted of the murder of Ped or any lesser included offense and, if so, of what degree and on what theory or theories? Discuss.

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