What charges will be brought against marge


Problem

Marge and Homer are a married couple. They have suffered significant marital troubles for the past few months. Specifically, Marge suspects Homer of resuming an intimate relationship with Homer's ex-girlfriend. Marge's suspicions arise from the fact that Homer has frequently been coming home late from work, and he has been spending weekends away on "business trips."

One day, Marge arrives home from work to find Homer speaking on the telephone. Being fully immersed in the conversation, Homer doesn't hear Marge walk in. Marge suspects that Homer may be speaking to his ex-girlfriend, because Marge overhears Homer saying, among other things, "I love spending time with you," "My wife isn't what she used to be," and "Let's get away this weekend." Marge interrupts Homer to ask with whom he is speaking. Startled, Homer replies that he is speaking with "a work friend." Angered by what Marge believes is a lie, Marge storms into the bedroom and slams the door.

After spending some time in the bedroom, Marge decides to confront Homer openly. To that end, Marge emerges from the bedroom and exclaims, "I know you've been cheating on me!" Distraught and visibly angry, Homer replies, "Yes, what else did you expect? You're a lousy wife, and I never wanted to marry you." Homer pauses for a moment to await Marge's response. Hearing none, Homer continues his tirade: "I'll divorce you in a hot second. I'll get the best divorce lawyer in town, and you'll walk out of this marriage without a dime."

A moment later, Marge asks Homer whether he really means what he said. Homer answers: "Yes. What are you going to do about it?" Marge replies, "Give me a minute," and then begins to experience an intense panic attack with accompanying heart palpitations. All this clouds her ability to think clearly. A few moments later, Marge walks over to the kitchen table, grabs a steak knife, and hides it behind her back. Knife in hand, Marge walks over to Homer and stabs Homer 10 times in various parts of his chest. Homer soon dies as a result.

In a common-law jurisdiction, Marge is arrested and charged with homicide. Homicide is defined as the "unlawful killing of a human being with malice aforethought." This jurisdiction has adopted the common-law classifications for homicide: first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter. In this jurisdiction, words alone are not adequate provocation for purposes of voluntary manslaughter.

Assume the prosecution could prove the above facts at Marge's trial.

What charges will be brought against Marge and why including reasoning and defense/mitigators?

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