Criminal justice

Gary and Gene were both drinking at a bar. Gary became angered after Gene asked Gary’s wife to dance. Gary walked up to Gene and struck him in the face. Gene fell to the floor, and as he was returning to his feet, Gary hit him again. In response, Gene took a knife out of his pocket and attacked Gary with it. Gary then shot Gene with a gun he had hidden in his coat. The injury proved fatal. What crime has Gary committed?

Full Answer Section

     
    • Manslaughter: If Gary acted in the heat of passion (provoked by Gene's actions), or if there was a lack of intent to kill but a reckless disregard for human life, it could be considered manslaughter.
  • Unlawful Possession of a Firearm: If Gary did not have a legal permit to carry the concealed firearm, he would also be charged with unlawful possession of a firearm.

It is important to note:

  • Gene's actions of attacking Gary with a knife could be considered aggravated assault/battery, or attempted murder. Gene's actions do not justify Gary's use of deadly force.
  • Self-defense could be a potential defense for Gary, but it would depend on the specific laws of the jurisdiction and whether his use of deadly force was deemed reasonable in response to Gene's actions. The fact that Gary had a hidden firearm, and used it, will be a large factor against a self defense claim.
  • The fact that Gary instigated the physical altercation works against any self defense claim.
 

Sample Answer

     

Gary has committed several crimes, and the specifics will depend on the jurisdiction. However, generally, he's likely committed:

  • Aggravated Assault/Battery: Gary initiated the physical altercation by striking Gene in the face, and then again when Gene tried to get up. These acts constitute assault and battery, and the severity of the injuries inflicted could elevate the charge to aggravated assault/battery.
  • Homicide (Murder/Manslaughter): Gary's act of shooting Gene with a gun, resulting in his death, constitutes homicide. The specific charge (murder or manslaughter) will depend on the circumstances and the intent of Gary's actions:
    • Murder: If Gary acted with malice aforethought (premeditation or intent to kill), it would likely be considered murder.