Need help with an assignment must equal up to 1200 words include in text citation and at least 3 different sources 

1. What is the primary distinction between first- and second-degree murder?

2. What is felony-murder? What is the difference between an assault and a battery?

3. What does the acronym RICO represent? What are the basic elements of RICO?

4. What are fighting words? Are they protected by the First Amendment?

5. What are affirmative defenses? How do affirmative defenses differ from other defenses?

6. What are the elements of the M’Naghten test for insanity? Irresistible impulse? Model Penal Code?

7. Ira stabbed his good friend, inflicting a fatal wound. At trial, a psychiatrist testified that Ira could not control his behavior, as he has a brain tumor that causes him to act violently. The doctor also testified that the condition did not impair Ira’s ability to know what he was doing or that it was wrong. Assume that the jury believes the psychiatrist’s explanation. Would Ira be convicted in a jurisdiction that uses the M’Naughten test? The irresistible impulse test? The Model Penal Code? 

8. Jane was attacked by an unknown man. She was able to free herself and ran to a nearby house, with the man chasing close behind. She screamed and knocked at the door of the house. The occupants of the house opened the door, and she requested refuge. The occupant refused, but Jane forced her way into the house. To gain entry, Jane had to strike the occupant. Once inside, she used the telephone to contact the police, who responded within minutes. At the insistence of the occupants of the house, Jane has been charged with trespass and battery. Does she have a defense? Explain.

Reply to Josh 75 words

The felony murder rule is the belief that if a person kills another "even on accident" while committing a felony, the death is considered murder (Hall, 2015, pg. 100). I agree that all members of a group who commit a crime should be charged with murder if a victim is killed during the crime. This goes for the driver as well. If a person decides to help commit a crime by driving, video taping, planning, or arranging the victim and perpetrator to be in the same location. That person should also be charged with murder. A person becomes liable when they help another commit a crime with the intent of providing assistance (HG.org, 2017). While a person can be convicted of a crime they did not actually commit, due to their assistance in the crime. It is not always as easy to convict the driver as it is to convict the robber. In order to convict the accomplice of murder or the same charge as the perpetrator, the prosecutor must be able to prove the accomplice was fully aware of what could happen and prove they had the intent to assist the primary suspect with the crime (HG.org, 2017). I believe this rule should also apply to charges such as rape and assault. There have been many viral videos that have been covered by news outlets, where kids and teenagers lure a victim into a situation where they are attacked or bullied. After these videos hit the mainstream media most of the time the one who is filmed doing the attacking is charged, but what about the other individuals. If a driver can be charged for assisting a bank robber, the one filming and posting the video should be charged for assisting the bully.

Reply to Greg 

Should a person who simply assist in the commission of a felony be charged just as harshly as the individual that committed the crime? My answer would have to be based upon the totality of the circumstances surrounding the details pertaining to the event. Under common law, in its early stages, felonies were punishable by death as most serious crimes and felonies were perpetrated against human life (Hall, 2015). As a varying degree of felonies emerged, a new scope of punishment had to be established for handling the various cases.

It is my belief that a person who participated in either the act of murder or in a robbery should be held accountable for their actions within the scales of justice. Perhaps utilizing a different charge such as accessory after the fact, TCA 39-11-411, would apply (Justia, 2018). Under this statute, it is clearly defined that a person who knowingly assists in the commission of a felony is just as guilty as the one who commits the act, with the exception that a lesser punishment is assessed. The charge of accessory after the fact carries with it a class E felony compared to the class A or B felony that could be assigned to the main perpetrator depending on the case. Another variable that may be applicable is TCA 39-12-103, which is criminal conspiracy (Justia, 2018). Within this statute, when two or more individuals come together to commit an act such as murder or a robbery even though only one of the individuals committed the actual act, the other party is held accountable for the actions as well.

So, back to the totality of the circumstances mentioned at the beginning of this discussion, I would hope that the current statutes are doing well to punish the perpetrators who commit such acts and provide adequate deterrence from the individuals committing further crimes. If a class E felony is not providing adequate deterrence, then we should, in my opinion, readjust out scales of justice to fit the crimes we as a nation are facing today and deter the ones who would do harm in the future.