Running Head: PROSECUTION AND DEFENSE OF RICHARDS CASE 1

Prosecution and Defense Of Richards Case

Krista Davis

PBS 400 Fundamentals of Law

Colorado State University Global Campus

Dr. Greg Koehle

December 7, 2014
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Prosecution

In the case of what Richard did to his mother, If I were the prosecution I would definitely

charge Richard with first degree murder first because of the story he proclaims about sitting in

the living room with a gun. Richard says he was planning on killing himself in his story, but if I

were the prosecution I could play that Richard was really planning to kill his mother with intent.

He and his mother got in a fight and Richard stormed off, got the gun, waited in the living room

until his mother would inevitably approach him, and he would kill her. If Richard was truly

going to kill himself with that gun, then why didnt he? The fact Richard didnt kill himself

suspects the prosecution that Richard was initially and the whole time plotting to kill his mother,

leaving room for intent. If I had to go with anything less, It would be second degree murder,

nothing less. As the prosecution I think it would be only fair to be bringing justice to Richardss

family for what Richard had done to his mother.

Defense

If it were anywhere in the defenses power, I would try to not have Richard tried as an

adult simply because of the mental, emotional, and physical abuse he, his sister, and his mother

went through a majority of their life. I feel that Richard may not have known the full

consequences of his action as an adult because of the abuse. Yes, Richard admits he did know

what he did, but couldnt help in the end asking his self, what have you done which points to me

at that moment he may have had a lapse in judgment on what he was doing? In another defense I

may find some sort of defense related to Battered Persons Syndrome commonly known as

Battered Wifes Syndrome because Richard, his sister, and his mother grew up getting abused

in various ways. Although this murder was of his mother and not his father, his mother also

played on the abuse because of being abused by Richards father and was extremely depressed
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which didnt help. If insanity was usable, I would also use that because he was not mentally fit.

He was extremely depressed, abused, and probably ignored most of his life and the fight he had

with his mother pushed him to a limit beyond control, meaning he could only take so much

before he snapped. Richard claims he was going to kill himself and maybe to shut his mother up

when she saw him with a gun that was the only logical thing he could think of and in the end, he

convinced himself, it was all a dream and reported her missing. I would bring the charges down

to Manslaughter or negligent homicide. I say Manslaughter because I think Richard was acting

recklessly with having a gun and one could say what is a gun doing in Richards reach as a 17

year old boy. I say Negligent Homicide for the same reason, but only to lessen the time on the

charge. I think it was reckless to have a gun accessible in the house to a minor, which is probably

a case really chargeable to their father if he was an adult in the household.