Criminal Law
Exam 28
Fact pattern
A is a 35-year-old man. As a child, A suffered severe emotional abuse, mostly from his father, who made fun of him for the large birthmark on his face. A was also reared to believe that a certain minority group, the X people, were subhuman. He was indoctrinated into a hate group from a young age. Various psychological experts will testify that A’s past has not given rise to a mental disorder.
Two months ago, the hate group chose A to assassinate a well-known politician, B, who is of the X people. After two months of planning, A arrives at an event where B is speaking. There, he shoots B, instantly killing her. As A attempts to flee, D successfully tackles A. While D moves to subdue A, onlooker E begins ridiculing A’s birthmark. In response, A goes berserk, kills D, and then flees without striking E. D was not of the X people.
At trial, A testifies to his mental state when he killed B and D, respectively. According to his testimony, he killed B because she was of the X people, whose political stances were destroying American values. A explains that he killed D because E’s making fun of his birthmark “completely freaked [him] out.” A then testifies as to his severe childhood abuse, after which he says, “I didn’t even look at D. I was so freaked out that I lost control.”
In a Model Penal Code (MPC) jurisdiction, A is charged with homicide for killing B and D. Assume that the prosecution can prove the above facts at A’s trial. Assume further that A purposely killed B and D, which amounts to murder under the MPC, and that A does not have a valid insanity defense or a valid defense of self-defense.