Assignment:
ANSWER THE FOLLOWING DISCUSSION QUESTIONS:
1. What circumstances are usually presented by the prosecution to bear on the issue of whether a killing was premeditated or with malice aforethought?
2. Is it legitimate for a jury to find a defendant guilty of manslaughter in a case where there is evidence of premeditation simply because members of the jury feel that the defendant was somewhat justified in taking the life of the victim?
3. How can the prosecution establish the corpus delicti in a murder case when the body of the victim cannot be found?
4. Is a state law making it a felony to kill an unborn child at any stage of development constitutional, notwithstanding the Supreme Court's decision in Roe v. Wade?
Problems for Discussion and Solution:
During a domestic quarrel a wife continually taunted her husband by degrading him and telling him he was a "lousy lover' and that she wanted to be rid of him. When the husband tried to persuade her to relent she continued to taunt him in a louder voice. Finally, he grabbed a kitchen knife and stabbed her. As a result she died. The husband was convicted of second-degree murder. On appeal he argues his actions were taken during a "M of passion" and seeks to have his conviction reduced from second-degree murder to manslaughter. Is he likely to succeed? Why or why not?