Criminal Law

Posted: August 23rd, 2022

Basically, this assignment is to read the bottom case and answer those questions as well. At the same time, please use the book called Criminal Law by Brody Acker for support answers and references.

Assignment Instructions

Omar Little was a prominent businessman in the state of Delaware. He spent a lot of time doing community service and serving on the board of directors of many civic organizations. Omar had political aspirations and hoped to someday become a United States Senator. When the junior Senator from the Delaware, Stringer Bell died suddenly, Omar decided to make his move. Governor Marlo Stanfield had the power to appoint the junior senator’s successor who would serve the remainder of the junior senator’s term. Omar called Marlo and expressed his interest in the senate seat. Marlo told Omar that he would keep him in mind if Omar would host a fundraiser in support of Marlo’s re-election.
Omar decided to host a fundraiser for Marlo at his beautiful home on the lake. Omar was very proud of his home. It was a huge mansion with ornate columns in the front. Omar purchased a huge granite mausoleum and had it engraved with all of his accomplishes. He placed the mausoleum in his backyard and put a provision in his will indicating that he was to be buried there. The mausoleum was Omar’s pride and joy.
Omar invited many members of the community to his fundraiser for Marlo. One person who was not invited was Avon Barksdale. Avon was Omar’s political rival, and Avon was also interested in the senate seat. Avon decided to come to the fundraiser even though he wasn’t invited.
When Omar saw Avon he was furious. Omar ran over to him and ordered him off of his property. Omar and Avon started arguing. The two men were about a foot from each other. Avon was a much larger man and he towered over Omar. Avon refused to leave. Omar pulled out his .32 caliber gun, pointed it at Avon and ordered Avon to leave. Avon backed out of the room and ran out the back door into Omar’s backyard. He ran towards the mausoleum, took a hammer out of his pocket and began to destroy Omar’s mausoleum. Omar ran into the backyard, pointed his gun at Avon and fired twice, hitting Avon with each bullet. Avon died instantly.
Omar was charged with the 1st-degree murder of Avon. Omar gave a statement to the police. He told them that he worked hard for his home and his mausoleum and that he had a right to protect himself, his home, and his property from intruders.
QUESTION 1: You are Omar’s defense attorney. Discuss all possible defenses and their strengths and weaknesses. These should include complete defenses as well as defenses that would reduce the charge to a lower grade of homicide.
QUESTION 2: How would your answer to the question above be different if the killing occurred in Colorado?