recklessly and negligently

 Michelle and Stacey were roommates. Michelle had a boyfriend named Steve. Stacey did not like Steve very much. She found him to be ignorant and thought he drank too much. Stacey also did not like the way Steve treated Michelle. One night Stacey game back to the apartment and found Steve stabbing Michelle in her chest over and over yelling, “how could you do this to me Michelle, I love you with all my heart, how could you.” Steve was visibly drunk. Stacey walked over to her desk drawer and pulled out a gun and stated, “I have had enough of you Steve.” Stacey shot Steve straight in the heart and he died. Moments later Michelle got to her feet and took the knife Steve was stabbing her with and stabbed Stacey in the chest several times yelling, “I loved him, how dare you.”

Discuss the crime(s) Stacey and Michelle would be guilty of using the model penal code.

Stacey and Michelle are both caught in this odd scenario where they respond emotionally to the events that are occurring. Stacey found a good justification to finally get rid of Steve who she already strongly disliked however Michelle responded in a fit of passion. In Stacey’s scenario she had enough time to walk over where she new a weapon was and make the decision to shoot Steve and have the intent of killing him. Michelle’s response isn’t so calculated its more a knee jerk response.

The two differences are important. The Model Penal Code has two classifications intentional and unintentional. There are subcategories to these which are purposefully, knowingly, recklessly and negligently. The first two belong with the intentional category and the last two belong with the unintentional. Stacey had intent to kill Steve and she purposefully and knowingly did it. Michelle on the other hand was reckless and negligent in her response. [1]

Since the Model Penal Code was created some states have decided to expand on it, for example Oregon. Oregon expanded on voluntary manslaughter and the defense heat of passion is now used often. In this instance I could easily see the heat of passion defense being used in this case to protect Michelle who had not only just been stabbed by her boyfriend but then seen him shot. I believe in this instance both would be charged with voluntary manslaughter but one would have a stronger defense than the other. [2]

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