Law

Consider the following situation and discuss your answers to the questions below:

Cary breaks into a residential home at midnight with the intent on stealing a television for drug money.  Cary breaks a back window with a crowbar, walks through the kitchen and into the living room.  To Cary’s surprise, there is an old man sitting on the couch watching ESPN.  The old man looks at Cary, still holding the crowbar, jumps to his feet and tries to attack Cary to defend his home.  During the confrontation, the old man collapses on the floor.  Cary calls 9-1-1, but the old man is pronounced dead on the scene due to a heart attack.  Cary is arrested.

By using Module One’s resources (Power Point Presentations and North Carolina General Statute Website), what criminal charge would you charge Cary with?  Explain how you came to that conclusion.

Remember Cary from Discussion Board 1?  Well, he was charged and convicted with 1st Degree Burglary and 1st Degree Murder.  His offense was classified as a Class A felony, and the DA is now seeking the death penalty.  The DA is working on getting the victim’s family to prepare victim impact statements for the sentencing.

Just to recap, why was the DA able to justify charging Cary with 1st Degree Murder, even though he called 9-1-1 after the victim collapsed?

Based on what the DA is seeking for a punishment, what correctional philosophy(ies) (or purposes) do you believe that sentence would fall under?  Please justify your answer.

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