Posted: August 25th, 2022

Murder, Juan Escobar Case study

Juan Escobar Case study
Juan Escobar is liable to be charged and convicted in a federal court docket on costs of homicide within the first diploma and using a firearm to commit a violent crime. Thus the 2 important problems with willpower are whether or not Juan Escobar is responsible of homicide within the second diploma below the US Penal Code Chapter 51 part 1111 and whether or not Juan Escobar is responsible of use of a firearm to commit a violent crime as prescribed below Title 18 of the US Crime and Prison Process Code part 924 (c).
As as to if Juan Escobar is responsible of homicide within the first diploma below United States Crime and Prison Process Code Chapter 51 part 1111, it’s my submission that Juan Escobar might be convicted of homicide within the first diploma. Beneath part 1111(a) of the US Crime and Prison Process Code, an individual is responsible of the offense of homicide within the first diploma if that individuals willfully and in any variety kills an individual via any premeditated design meant to impact the demise of every other individual apart from the one who’s killed. Nevertheless, homicide within the second diploma is handled below part 1111(a) of the US Crime and Prison Process Code as every other malicious killing apart from that prescribed because the first-degree homicide. Students posit that second-degree homicide is the killing of an individual with out malicious premeditation by the offender (Keedy). Accordingly, on this case, Escobar killed Vic in a scuffle the place Vic had intervened when Escobar confronted his Girlfriend as an offended response to Vic’s makes an attempt to forestall Vic from taking his Girlfriend from the celebration. Whereas Vic’s carrying of the firearm might show his malicious intent to kill his Girlfriend, the occasions following Vic’s capturing negate the malicious aforethought as Escobar doesn’t kill his Girlfriend however damps her on the street.
Certainly the Supreme Court docket of California in (Folks v Thomas ) the place the appellant had been convicted of second-degree homicide the court docket held that the place the offender had killed Bernice out of a product of a bout of anger purely not premeditated earlier than the confrontation and as a consequence of provocation then the accused was responsible of the homicide of the second diploma. Equally, Escobar killed Vic as a consequence of anger fueled by his relationship together with his Girlfriend and Vic’s act of intervention. In conclusion, Escobar is responsible of homicide within the second diploma for killing Vic.
As as to if Escobar is responsible of using a firearm to commit a violent crime, it’s my submission that certainly his actions meet the standards below part 944(c) of the US Crime and Prison Process Code. Beneath subsection 924(c)(iii) of the US Code, if an individual discharges a firearm and makes use of the firearm to commit one other violent crime punishable below the US legal guidelines such an individual is liable to imprisonment of as much as ten years until the opposite violent crime prescribes a larger minimal sentence.
The court docket in (Bailey v United States ) outlined using a firearm because the brandishing or firing of a firearm to commit a criminal offense in opposition to an individual inside the jurisdiction of the US. Accordingly, Escobar used a gun to shoot at Vic thrice resulting in his demise. Earlier than Escobar capturing Vic, he had assaulted his Girlfriend by forcefully grabbing her arm and forcing her to go away with him. The court docket in (State v Sepulveda) held that whereas manslaughter and different murders apart from first-degree homicide lack intention, the act of pulling out a gun or proof of the assault is ample to show an intention to commit a felony which requires malice aforethought to maintain a cost of use of a firearm to commit a criminal offense of violence or felony. Equally, Escobar is responsible of assaulting his Girlfriend and pulling out a gun in opposition to Vic which exhibits a violent crime and intention to commit a felony respectively. In conclusion, he’s responsible of utilizing the firearm to commit a violent crime as per part 924(c) of the US Code.

Works Cited
Bailey v United States . No. 516 U.S. 137. United States Supreme Court docket. 1995.
Keedy, Edwin R. “Historical past of the Pennsylvania Statute creating levels of homicide.” College Of Pennsylvania Regulation Assessment 97.6 (1949): 759-777.
Folks v Thomas . No. Crim. No. 4551. Supreme Court docket of California. 7 February 1945.
State v Sepulveda. No. 775 N.W.2nd 40. Supreme Court docket of Nebraska. 2009.

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