Question

In a series of night burglaries, a burglar broke into houses when the owners were away and stole items. The burglar ate cookies found at each house and became known as the "cookie bandit." Wanting to protect his property and prevent a burglary while he was out of town for the weekend, Dan planned to lace some cookies with cyanide and leave them on his kitchen counter. He believed his plan was lawful because he had been told by a police officer that he could use deadly force to prevent a burglary. He asked his friend Ann to help him obtain cyanide. She tried to talk him out of his plan, but he assured her that it was lawful. Ann then got some cyanide. Dan laced some cookies with it, left them on the kitchen counter, and went left for the weekend. During Dan’s absence, his neighbor Jane entered his house, together with her five-year-old son, Victor. Each weekend, Jane cleaned Dan’s house. While Jane was cleaning, Victor found the cookies, ate one, and died. 1. With what crimes, if any, can Dan reasonably be charged, and what defenses, if any, can he reasonably raise? 2. With what crimes, if any, can Ann reasonably be charged, and what defenses, if any, can she reasonably raise?

Answer 1

(1) Solicitation and manslaughter

2) Could be charges as an accomplice and manslaughter

Explanation: the following are crimes Dan can be charged with

(A) Solicitation: the offense that consists of a person inducing another to commit a crime the specific intent that the person solicited commit the crime .Dan incited Ann in committing crime asking her help for getting cyanide which she refused initially but eventually agreed.

(B) Manslaughter Dan took the law into his hands by trying to kill the bandit and eventually killed another.

Ann got involved by agreeing to buy the cyanide which makes her a crime accomplice.

In defense, Dan could say it was an accident since there was no intent or his lawyer can make sure they prove that the prosecution does not have enough evidence