Murder

1.     The Three Chumps are taking a leisurely autumn stroll through Old Jersey Memorial Park, among the joggers, mothers pushing strollers, and other outdoor enthusiasts. An argument about which is the smartest Chump ensues, and Moe wins by poking Curly in the eyes and pulling Larry’s hair. Curly says, “That’s it.  I’ve put up with this for sixty years.  I’m done!  Give me your gun, Larry!”  Larry hands Curly a gun and then runs behind a tree. “Oh, so you’re going to be a wise guy, eh?” says Moe who grabs for the gun.  It discharges, misses Moe, but wounds a jogger.  The jogger drops to one knee, pulls out his own gun (Old Jersey is a tough place, dear reader) and returns fire.  He misses Moe and Curly and kills a drug dealer who was selling packets of heroin a few feet behind Moe and Curly.  Curly, Larry, and the jogger are each indicted for murder under the statute below.  The laws of Old Jersey state that “Murder is the unlawful killing of another human with malice aforethought.  Such malice may be express or implied.  It is express when there is manifested a deliberate intention to take away the life of another person.  It is implied when the circumstances attending the killing show an abandoned and malignant heart.  All murder which is perpetrated by premeditated killing or which is committed in the perpetration of or attempt to perpetrate arson, rape, robbery, or burglary is murder of the first degree.  All other kinds of murder are of the second degree.  ‘Premeditation’ must include rational, calculated contemplation of the conduct that kills.” The jurisdiction of Old Jersey otherwise follows modem common law principles.  Discuss the liability of each defendant for murder. Tell me what you think the most likely outcome is and why. Use IRAC if desired.