BIOL 1001 Chapter : CH 12 PART 2 Outline 1
Document Summary
Crime: 10. 17. 92 yoshi hattori killed by rodney peairs: no immediate arrest. Doug moreau convenes grand jury: indictment for manslaughter (not negligent homicide) 14:31: not 1st or 2nd degree murder because of mitigating circumstances, because offense is committed in sudden passion immediately caused by provocation sufficient to deprive an average person of his self-control and cool recollection. Neither the judge nor jury can consider the possibility of retreat. Obviously, based on facts, peairs was mistaken in his belief that yoshi hattori posed a significant threat to him (or his family) Ouestion for jury: was peairs" mistaken reasonable? (given the circumstances) Tort law: (sue the peairs for) wrongful death of yoshi hattori. Lesser burden of proof: preponderance of the evidence: plaintiff"s (hattori"s) evidence outweighs the defendants" (peairs) evidence. September 30, 2013 and october 2, 2013: 141, 142- murder and man slaughter ignore. At trial- elements proved beyond a reasonable doubt (bard)
