NJ_criminal_law_help
08-02-2009, 03:57 PM
My question and scenario is for a legal professional, either an attorney, experienced paralegal, or other legal professionals. I am a student with a paralegal major, and am seeking help with this scenario. The questions that I hope to have answered are listed below, so any feed back will be greatly appreciated. Thank you in advance.
On August 11, 2006 an 87-year old woman, Jane Doe, was on her way to a grocery store, XYZ Food Mart in Absecon New Jersey between 12:00 pm and 2:00 pm; When she entered the parking lot, she parked in the second row closest to New Jersey Ave in slot 7 or 8. Jane Doe parked her car, and exited her vehicle. As she was exiting her vehicle, an unknown person came up behind her and snatched her purse out of her hand, from behind. The purse was a small type of purse with a small handle which was gripped with one hand hanging toward the ground. The suspect grabbed the purse, never touching Jane Doe, applying all of any force to the purse, and the purse only. The only resistance was just enough to hold the purse which was slipped out of Jane Doe’s fingers with no wrestling, wrenching, or over broad yanking. Jane Doe let go of the purse with very little resistance, taking 2 or 3 steps forward bumping into her car door that was ajar, falling between the car next to her, and her car causing her to hit her face and the bridge of her nose on the black top scrapping them pretty badly. The impact of the fall broke her neck and she was found by another passer-by that was shopping. Jane Doe was taken to the local hospital ACMC, where it was confirmed her neck was broken at the store; she was placed in a neck collar when she arrived at the hospital. The doctor placed her in a more advanced neck collar to help prevent movement and informed Jane Doe, and her family they were preparing for surgery. It is believed that it was stopped by Jane Doe’s niece Christine Doe, who was the power of attorney for Jane Doe. Christine Doe stopped the doctors from doing surgery because of reasons which are unknown. The surgery would have helped Jane Doe with a chance of living and recovering, and could have lived a few more years of her life since she was already 87 years old. She as active for her age and most likely would have recovered maybe slowly, but she would have lived. Who is to say what would have happened, but the chances of living were greater than death. After refusing the surgery, Jane Doe’s injuries were agitated by movements, mind you her neck was broken at the time, at the base, so every little movement would have pressed her spinal cord severing it with shards of broken bones causing her to deteriate slowly within days. Jane Doe’s health declined each day that passed, and unfortunately she passed away six days later from her fall. The autopsy report stated that Jane Doe died from complications of her injuries, spinal cord syndrome, and pulmonary edema.
The suspect was later arrested and was charged with Jane Doe’s death. The defendants statement is as follows:
The defendant stated that it was never his intent for Jane Doe to get hurt, and it was only to obtain her purse as quickly and with as little resistance as possible. He also stated that death was not foreseeable when conducting his actions and never would have thought this would have happened while stealing a purse.
#1. The question which stills remains is what is the defendant guilty of? (Select one of the following and please explain why you choose your answer.)
A. Felony Murder
B. Aggravated Manslaughter
C. Reckless Manslaughter
D. Other
#2. Was the chain of causation broken when the POA for Jane Doe, refused surgery which most likely would have saved Jane Doe’s life? (Please chose, and explain why)
A. Yes
B. No
#3. If you would like to comment and advise on this particular matter please do so, any and all information including an educated opinion, or including the law (NJ) would be helpful and appreciated.
Thank you again for your time and help. Yours truly, paralegal student
On August 11, 2006 an 87-year old woman, Jane Doe, was on her way to a grocery store, XYZ Food Mart in Absecon New Jersey between 12:00 pm and 2:00 pm; When she entered the parking lot, she parked in the second row closest to New Jersey Ave in slot 7 or 8. Jane Doe parked her car, and exited her vehicle. As she was exiting her vehicle, an unknown person came up behind her and snatched her purse out of her hand, from behind. The purse was a small type of purse with a small handle which was gripped with one hand hanging toward the ground. The suspect grabbed the purse, never touching Jane Doe, applying all of any force to the purse, and the purse only. The only resistance was just enough to hold the purse which was slipped out of Jane Doe’s fingers with no wrestling, wrenching, or over broad yanking. Jane Doe let go of the purse with very little resistance, taking 2 or 3 steps forward bumping into her car door that was ajar, falling between the car next to her, and her car causing her to hit her face and the bridge of her nose on the black top scrapping them pretty badly. The impact of the fall broke her neck and she was found by another passer-by that was shopping. Jane Doe was taken to the local hospital ACMC, where it was confirmed her neck was broken at the store; she was placed in a neck collar when she arrived at the hospital. The doctor placed her in a more advanced neck collar to help prevent movement and informed Jane Doe, and her family they were preparing for surgery. It is believed that it was stopped by Jane Doe’s niece Christine Doe, who was the power of attorney for Jane Doe. Christine Doe stopped the doctors from doing surgery because of reasons which are unknown. The surgery would have helped Jane Doe with a chance of living and recovering, and could have lived a few more years of her life since she was already 87 years old. She as active for her age and most likely would have recovered maybe slowly, but she would have lived. Who is to say what would have happened, but the chances of living were greater than death. After refusing the surgery, Jane Doe’s injuries were agitated by movements, mind you her neck was broken at the time, at the base, so every little movement would have pressed her spinal cord severing it with shards of broken bones causing her to deteriate slowly within days. Jane Doe’s health declined each day that passed, and unfortunately she passed away six days later from her fall. The autopsy report stated that Jane Doe died from complications of her injuries, spinal cord syndrome, and pulmonary edema.
The suspect was later arrested and was charged with Jane Doe’s death. The defendants statement is as follows:
The defendant stated that it was never his intent for Jane Doe to get hurt, and it was only to obtain her purse as quickly and with as little resistance as possible. He also stated that death was not foreseeable when conducting his actions and never would have thought this would have happened while stealing a purse.
#1. The question which stills remains is what is the defendant guilty of? (Select one of the following and please explain why you choose your answer.)
A. Felony Murder
B. Aggravated Manslaughter
C. Reckless Manslaughter
D. Other
#2. Was the chain of causation broken when the POA for Jane Doe, refused surgery which most likely would have saved Jane Doe’s life? (Please chose, and explain why)
A. Yes
B. No
#3. If you would like to comment and advise on this particular matter please do so, any and all information including an educated opinion, or including the law (NJ) would be helpful and appreciated.
Thank you again for your time and help. Yours truly, paralegal student