Hypo on Felony Murder, Attempted Murder, Rape, Conspiracy, and
Defenses
Mercy is before the court on charge of, attempted murder, felony murder,
arson, conpiracy to abuse a child, and misprision/omission to save her
child (Gina). Her husband, Max, is also before the court on charge of
rape, arson, felony murder, conspiracy to abuse a child and
misprision/omission to save his child (Gina)
Mercy and Max has been married for 7 years. Their marriage, according to
Mercy, was never a good one. Max repeatedly beat Mercy, broke things
around the house, insulted her publicly, and forced her to have sex when
he was drunk. Mercy was too afraid to leave Max so she endured years of
suffering without complaining of beating or rape to anybody. They had
one child, Gina, aged 6. Mercy always tried to protect Gina from
Max, but Max was much stronger than Mercy. And after a while, Mercy was
too busy trying to fend for herself to worry about Ginas safety. Often
times, Mercy would dully watch Max beat Gina and then comfort Gina after
the beating is over. In those times, Mercy knew if she tried to
intervene, they would both get hurt so she didnt intervene.
One day, Max had too much to drink. Mercy never saw him this violent
before. He advanced toward Mercy swearing he will kill both Mercy and
Gina. Unlike other times when he threatened only with fists, he had a
steak knife. Mercy knew if she did nothing, she would die. So she
grabbed the frying pan (which was hot from cooking) and hit Max as hard
as she could over his head. As he howled and screamed in pain
on the floor, she hit him with the frying pan over and over again until
he looked like he was dead. Realizing, what she had done, she
panicked. So she decided to grab Gina and run as far away from her home
as possible. As Mercy and Gina neared the front
door, Max grabbed Mercy and Gina from behind swearing they will pay for
what Mercy had done. Mercy struggled free momentarily, when Mercy
spotted a cigarette that was still lit. She grabbed it and tried to
burn it against Max. He jumped back and hit it out of
her hand. The cigarette landed on the curtains and the living room was
soon engulfed in flames. Mercy quickly got out of the house,
believing that Gina was following right behind her. Max was confused
for a while but he managed to get out safely before the
entire house burned down. Gina, however, died because she had been
knocked unconscious by Max so she couldn't escape from fire.
Max has recently been diagnosed by an expert psychiatrist as suffering
from schizophrenia. The Dr. was of the opinion that he needed serious
medical help because he was suffering from mental disease. However,
when asked by the prosecutor if all Max's personalities knew right from
wrong, he answered that in all probability that all of the personalities
knew right from wrong.
The state is charging that Mercy attempted to murder Max, murdered Gina
by arson, committed arson, conspired to abuse Gina, and failed in her
duties to save Gina.
The state is charging that Max raped Mercy, murdered Gina by arson,
committed arson, conspired to abuse Gina, and failed in his duties to
save Gina.
Argue for prosecution's side and for defense's side for both Mercy and Max.