Beruflich Dokumente
Kultur Dokumente
XVII.
John, an eight-year old boy, is fond of watching the television
program "Zeo Rangers." One evening while he was engrossed
watching his favorite television show, Petra, a maid changed
the channel to enable her to watch "Home Along the Riles."
This enraged John who got his father's revolver, and without
warning, shot Petra at the back of her head causing her
instantaneous death. Is John criminally liable?
XVIII.
Distinguish clearly but briefly: Between justifying and
exempting circumstances in criminal law.
XIX.
When A arrived home, he found B raping his daughter. Upon
seeing A, B ran away. A took his gun and shot B, killing him.
Charged with homicide, A claimed he acted in defense of his
daughter's honor. Is A correct? If not, can A claim the benefit
of any mitigating circumstance or circumstances?
XX.
Lucresia, a store owner, was robbed of her bracelet in her
home. The following day, at about 5 o'clock in the afternoon,
a neighbor, 22-year old Jun-Jun, who had an unsavory
reputation, came to her store to buy bottles of beer. Lucresia
noticed her bracelet wound around the right arm of Jun-Jun.
As soon as the latter left, Lucresia went to a nearby police
station and sought the help of a policeman on duty, Pat.
Willie Reyes. He went with Lucresia to the house of Jun-Jun to
confront the latter. Pat. Reyes introduced himself as a
policeman and tried to get hold of Jun-Jun who resisted and
ran away. Pat. Reyes chased him and fired two warning shots
in the air. Jun-Jun continued to run and when he was about 7
meters away, Pat, Reyes shot him in the right leg. Jun-Jun was
hit and he fell down but he crawled towards a fence,
intending to pass through an opening underneath. When Pat.
Reyes was about 5 meters away, he fired another shot at JunJun hitting him at the right lower hip. Pat. Reyes brought JunJun to the hospital, but because of profuse bleeding, he
eventually died. Pat Reyes was subsequently charged with
homicide. During the trial, Pat Reyes raised the defense, by
way of exoneration, that he acted in the fulfillment of a duty.
Is the defense tenable? Explain.
XXI.
The accused lived with his family in a neighborhood that
often was the scene of frequent robberies. At one time, past
midnight, the accused went downstairs with a loaded gun to
investigate what he thought were footsteps of an uninvited
guest. After seeing what appeared to him an armed stranger
looking around and out to rob the house, he fired his gun
seriously injuring the man. When the lights were turned on,
the unfortunate victim turned out to be a brother-in-law on
his way to the kitchen to get some light snacks. The accused
was indicted for serious physical injuries. Should the accused,
given the circumstances, be convicted or acquitted? Why?
XXII.