The haughty and The haughty and humbling tale of humbling tale of

Holly and the Holly and the Honeysuckle Honeysuckle

HummerHummer

A Criminal Law Prelude……A Criminal Law Prelude……

““JUST WHAT JUST WHAT WERE YOU WERE YOU

THINKING?”THINKING?”

Determining Culpability Determining Culpability in in

Criminal Law Criminal Law

Elements of a CrimeElements of a Crime

A bad or harmful actA bad or harmful act

++A criminally culpable A criminally culpable

state of mind state of mind

== A crimeA crime

What is Culpability?What is Culpability? The official legal definition: The official legal definition:

““the state of mind which is necessary the state of mind which is necessary

in order to commit a crime.” in order to commit a crime.”

What it means:What it means:

The intentions of the criminal The intentions of the criminal

will in part determine will in part determine

the severity of the punishment.the severity of the punishment.

Jon - Kate + Hailey Jon - Kate + Hailey (Forget About the Eight )(Forget About the Eight )

Celebrity Criminal Justice???Celebrity Criminal Justice??? You are the District Attorney in Hollywood, CAYou are the District Attorney in Hollywood, CA

You are to determine the charges you will file for You are to determine the charges you will file for the following alleged crimesthe following alleged crimes

Here’s your criminal code Here’s your criminal code

Degrees of CulpabilityDegrees of Culpability

Intentionally Intentionally (1(1stst Degree Murder) Degree Murder)

(acting with the intent of committing a specific harm)(acting with the intent of committing a specific harm)

Purposely Purposely (2(2nd nd Degree Murder)Degree Murder)

(acting with malice: the general intention of causing harm) (acting with malice: the general intention of causing harm)

Recklessly Recklessly (Voluntary & Involuntary Manslaughter)(Voluntary & Involuntary Manslaughter)

(voluntary: committed when one loose self control(voluntary: committed when one loose self control

(involuntary: acting with complete disregard (involuntary: acting with complete disregard that a harm that a harm

would likely occur)would likely occur)

Negligently Negligently (Negligent homicide)(Negligent homicide)

(when one should have reasonably foreseen (when one should have reasonably foreseen that his or her actions would result in that his or her actions would result in harm) harm)

Kate hears through TMZ that Jon Kate hears through TMZ that Jon has already proposed to his new girl has already proposed to his new girl Hailey. Kate goes to Jon’s apartment and Hailey. Kate goes to Jon’s apartment and says “You ruined my life and the T.V. says “You ruined my life and the T.V. show! You are a crummy dad and you show! You are a crummy dad and you don’t deserve to live!” She pulls out a gun, don’t deserve to live!” She pulls out a gun, shoots and kills him at point blank range.shoots and kills him at point blank range.

Kate learns about Jon’s proposal to Kate learns about Jon’s proposal to Hailey as they are waiting outside the Hailey as they are waiting outside the court room to finalize their divorce. court room to finalize their divorce. Enraged, Kate grabs the gun of a guard in Enraged, Kate grabs the gun of a guard in the court house and shoot Jon to death. the court house and shoot Jon to death.

Assume instead that Kate learns of Assume instead that Kate learns of the proposal when she sees that Jon has the proposal when she sees that Jon has given Hailey a $180K engagement ring. given Hailey a $180K engagement ring. Angered, Kate decides to break into Jon’s Angered, Kate decides to break into Jon’s apartment to steal the ring. As Kate is apartment to steal the ring. As Kate is escaping, Hailey surprises her. Kate picks escaping, Hailey surprises her. Kate picks up a golf club by the door and hits Hailey up a golf club by the door and hits Hailey in the head killing her.in the head killing her.

By happenstance, Kate is driving By happenstance, Kate is driving through town when she spots Jon and through town when she spots Jon and Hailey next to her. When Kate looks over, Hailey next to her. When Kate looks over, Hailey begins to taunt her by flashing the Hailey begins to taunt her by flashing the big diamond ring. Instinctively Kate big diamond ring. Instinctively Kate repeatedly rams her car against theirs repeatedly rams her car against theirs until she forces them off the road into an until she forces them off the road into an oak tree. Neither Jon or Hailey survive. oak tree. Neither Jon or Hailey survive.

Assume the same facts as before Assume the same facts as before except that this time Kate becomes so except that this time Kate becomes so distraught she looses control of the car. In distraught she looses control of the car. In the process she drives in front of Jon the process she drives in front of Jon forcing him off the road into an oak tree. forcing him off the road into an oak tree. Neither Jon or Hailey survive. Neither Jon or Hailey survive.

Jon spots another photographer in a Jon spots another photographer in a different tree. Incensed, Jon grabs a chain different tree. Incensed, Jon grabs a chain saw out of the gardener’s shed and cuts saw out of the gardener’s shed and cuts the tree down as the photographer pleads the tree down as the photographer pleads with him to stop. As the tree hits the with him to stop. As the tree hits the ground, the photographer breaks his neck ground, the photographer breaks his neck and dies. and dies.

Same scenario as before, but Same scenario as before, but instead of grabbing a chain saw, Jon grabs instead of grabbing a chain saw, Jon grabs a super soaker water pistol and begins to a super soaker water pistol and begins to fire upon the photographer. In the process fire upon the photographer. In the process of trying to protect his valuable equipment of trying to protect his valuable equipment the photographer looses his balance, falls the photographer looses his balance, falls out of the tree, breaks his neck and dies. out of the tree, breaks his neck and dies.