John Doe is approached by his friend Bobby who tells Doe he needs some money for Christmas shopping and intends to burglarize a home that he knows has a small safe with over $25,000 and will give Doe half if he helps out. Doe agrees and late that evening the two of them drive to the residence in Doe’s car. Doe stays outside with the engine running while Bobby quietly lifts up an unlocked window and enters the home. Bobby goes into the bedroom where he knows the safe is located and attempts to lift the small safe. While doing so, the owner who is sleeping in the bedroom wakes up. Bobby pulls out his replica Glock handgun that although appears like a real handgun is not real and points it at the owner and tells him to open the safe. The owner, who has had heart problems, goes over and opens the safe. Bobby reaches in and grabs the money and runs out of the house and into Doe’s car. The owner looks out the window and gets a glimpse of Doe’s car and then calls 911 and gives a description of the vehicle to the police. He then grabs his chest and collapses. He is later transported by ambulance to the hospital where he receives some improper medical treatment and dies. The death did not result solely from the effects of the improper medical treatment.
While driving away from the home, Doe hears sirens in the distance and assumes the police are chasing them. He then begins to drive 85 mph in a 40 mph zone and begins passing vehicles on the wrong side of the roadway, causing oncoming vehicles to swerve out of the way. While passing one vehicle on the wrong side of the roadway, Doe hits an oncoming vehicle head-on that instantly kills the driver of that vehicle. Other motorists who saw the accident stop to provide aid to Doe, Bobby and the other motorist. One motorist who had been following Doe and observed his various violations and had called to 911 to report him, also stops at the scene. He sees that the driver of the other vehicle is likely dead and becomes enraged at Doe and walks over to Doe’s car and drags him out of the driver’s seat. The motorist then begins to repeatedly punch Doe in the face. Bobby, who is still dazed from the accident, sees the motorist punching Doe and gets out of the vehicle, approaches the motorist and hits him in the back of the head with the replica Glock handgun, killing him.
(A) Are Doe and/or Bobby criminally liable for the death of the homeowner? If so, with what crimes will they be charged and under what theory? What is the applicable mens rea? Does it matter that his death was partially caused by improper medical treatment? According to what you have learned from your textbook and modules, why or why not?
(B) Are Doe and/or Bobby liable for the death of the motorist driving the vehicle Doe’s vehicle hit? If so, with what crimes will they be charged and under what theory? What is the applicable mens rea?
(C) Is Bobby criminally liable for the death of the motorist who was beating Doe? With what crimes will he be charged? Does he have any defenses to those charges? Assuming a jury believed that the motorist was not using deadly force on Doe but that Bobby, intending to cause great bodily harm, used deadly force on the motorist, for what crime would he be convicted?