Posted: August 1st, 2023

 
Manslaughter

Manslaughter
Scenario:
Cecelia and Robbie Winstone are a married couple and they have been dealing with some marital troubles for the past several months. Cecelia Winstone suspects that her husband Robbie Winstone has been resuming an intimate relationship with his co-worker Helen McDoogle. Cecelia’s suspicions arise from the fact that Robbie has frequently been coming home late from work, and he has been spending weekends away on business trips with Helen.

Last week Cecelia arrived home from work to find Robbie speaking on his cell phone. Cecelia suspects that Robbie may be speaking to Helen, because she overhears Robbie saying things such as, “I enjoy spending time with you,” and “let’s get away for the weekend and I will tell Cecelia it is another work trip”. Cecelia interrupts Robbie and asks him with whom he is speaking. Robbie is startled but replies that he is speaking with a client. Angered by what she believes is a lie, Cecelia storms into the bedroom and slams the door.

After spending some time in the bedroom, Cecelia decides to confront Robbie. While yelling at him she tells him, “I know you’ve been cheating on me!” Distraught and visibly angry, Robbie replies, “Yes, what else did you expect? You’re a lousy wife, and I never wanted to marry you.” He then hits Cecelia and pushes her to the floor causing a bruise to her chest and left arm. Robbie pauses for a moment to await Cecelia’s response. Hearing none, he continues his tirade: “I’ll divorce you in a hot second. I’ll get the best divorce lawyer in town, and you’ll walk out of this marriage without a dime.”

A moment later, Cecelia asked Robbie whether he really means what he said. He responds that he did and also says “what are you going to do about it?” Cecelia replies, “give me a minute,” and then begins to experience an intense panic attack with accompanying heart palpitations which, according to her account of the incident, clouded her ability to think clearly. A few moments later, she walks over to the closet to grab a handgun, and hides it behind her back. Cecelia then walks over to Robbie and shoots him 10 times in various parts of his body. He soon dies as a result. After shooting Robbie, she goes to his phone to pull up Helen’s address and phone number. She drives over to Helen’s house and knocks on her door. When Helen answers she shoots her in the chest and then takes off back to her vehicle where she quickly drives off. Cecelia is later apprehended for the murder of Robbie and Helen. What charges will be indicted on as a result of her actions?

Response & Indictment

You are a paralegal living in MINNESOTA working for the state’s prosecution and have been asked to research the possible charges for this scenario and draft an indictment.

Part I

First, respond to the following question in a memo using the IRAC Method. In a 2-3 page response answer the following:

Is manslaughter the best possible charge against Cecilia Winstone in this scenario or does the state have enough evidence for a first degree murder charge?
What are other possible charges? Be sure to cite (using Bluebook Standards) all relevant statutes from the State of Minnesota.

IRAC Method^

Part II

Based on your conclusions in your IRAC method memo, construct an indictment. Use the below resources to help you structure your indictment.

you will need to research the statutes in Minnesota and present it from the State of Minnesota. You can use Hennepin County, State of Minnesota, and Minnesota Judicial Circuit as your geographical location, but you will need to identify the relevant statutes in Minnesota.
Here is a site where you can research the relevant Minnesota criminal: statutes:https://www.revisor.mn.gov/statutes/cite/609
2018 Minnesota Statutes Chapter 609 Criminal Code.

Format:
****Your complete response should be 4-6 pages. Be sure to cite ALL your references and format them according to BLUEBOOK STANDARDS.

Manslaughter
Facts
Like many couples, Cecilia and Robbie Winstone are experiencing marital problems where one spouse suspects the other of cheating. Cecilia is highly suspicious that her husband Robbie is having an affair with a co-worker named Hellen. Of late, Robbie has spent a lot of time at work, getting home late, and looking for excuses such as work trips to go away during weekends. Last week, Cecilia happened to overhear Robbie talking on the phone with someone she suspects to be Hellen. Her belief that it is indeed Hellen is because she accompanies Robbie on most business trips. The phone conversation sounds like Robbie is telling the other person that he enjoyed spending time together and would like to get away for another weekend since he will use the “work trip” excuse. Cecilia is angered and locks herself in the bedroom. She later confronts Robbie, but he becomes violent and aggressive. He throws Cecilia to the ground, telling her he is going to divorce and leave her penniless. Robbie insults Cecilia and then proceeds to admit that he means every word of it. Cecilia goes into a panic attack and shoots Robbie 10 times, then drives to Hellen’s house and shoots her. She drives off but is later arrested for the Murder of Robbie and Hellen.
Issue(s) Presented
Should Cecilia be charged for Manslaughter or first-degree Murder? Does the State have enough evidence for a first-degree charge? Are there any other possible charges?
Rule
According to 2019, Minnesota Statutes 609.185 (a)(1) Murder in The First Degree is considered the cause of death with premeditation. One has to plan for the act and be willing to accept the consequences under a sound mind. For Murder in the First Degree, a mens rea and actus rea should be present without any external factors reasonably influencing the mental State of the individual.
In 2019 Minnesota Statutes 609.20 Manslaughter in the First Degree (1) one is considered guilty of Manslaughter if they intentionally cause the death of another due to heat of passion or sudden passion. One can be provoked by words or witnessing their partner committing adultery. In other terms, the statute is applied to individuals who kill another due to sexual jealousy.
In 2019 Minnesota Statutes 609.19 Murder in the Second Degree Subd. 1 (1) one is guilty of Murder if they cause the death of another without premeditation. There has to be evidence that the offender did not have the prior intention of taking the life of another but was provoked or in the heat of the moment.
Other charges against Cecilia will include aggravated Assault in the first degree and trespass. According to 2019 Minessota Statutes, 609.221 Assault in the First Degree Subd 1 claims that one is guilty if they inflict great bodily harm on another. In 2019 Minnesota Statutes 609.605 Trespass Subd. 2 (b)(4), one is found guilty when they enter another’s dwelling without consent from the owner.
Analysis
Cases of sudden passion are common during a lover’s quarrels. The case of Cecilia is no different, as some partners are provoked to murder their fellow spouse and the partner they were engaged in adultery (Broussard 2012, p.175). Cecilia will most likely be charged for a double homicide as she took the life of two people. Her ruling will mainly focus on first-degree Manslaughter and second-degree Murder for the deaths of Robbie and Hellen, respectively.
According to the 2019 Minnesota Statutes 609.185 (a)(1) Murder in The First Degree, there is a need for meditation as an element for a first-degree crime. However, Cecilia does not show premeditation; hence a lack of adequate evidence to try for first-degree Murder. Even though Cecilia may have spent time in her bedroom and on the drive between her home’s to Hellen’s, the events may have upset her mental state leading her to experience the torment of her emotions for a lengthy period (Coker 1992, p.71). She will then be tried for second-degree Murder according to 2019 Minnesota Statutes 609.19 Murder in the Second Degree Subd. 1 (1).
Cecilia will be charged for Manslaughter in the first degree since she acted out her emotions and killed Robbie. In 2019 Minnesota Statutes 609.20 Manslaughter in the First Degree (1), the offender has to be provoked. Cecilia acted in the heat of passion, which focuses on emotions. According to Sherman and Hoffman (2007, p.499), voluntary Manslaughter relies on empirical assumptions such as emotions. Cecilia’s actions are based on revenge and fear, which are the emotions that were making her react.
Cecilia may also face an aggravated assault charge as she used her handgun to shoot Robbie and Hellen. This caused great bodily harm to her victims hence the cause of their death. Since she drove to Hellen’s home and had no right to be within her premises, she will also face a trespass charge. She knocks on the door of Hellen and proceeds to shoot her when she opens the door.
Conclusion
It is fair to note that the law cannot be changed, but it should accept psychological insights to inform the ruling. Assuming Cecilia has no history of Murder, Aggravated Assault, or domestic abuse, there is a great chance that the provocation from her husband interfered with her sanity. Cecilia is therefore likely to be charged with second-degree murder and voluntary Manslaughter on the account of the heat of passion. Aggravated Assault and trespass will also be considered as accompanying charges. Motivation is highly considered in a court of law hence the possibility of lowering the charge to second-degree murder (Volkh 2014, para.1). The State does not have enough evidence to prove the premeditation of Cecilia on the crime, hence she will not be tried for first-degree murder charge.
References
Coker, D. K. (1992). Heat of passion and wife killing: men who batter/men who kill. S. Cal. Rev. L. & Women’s Stud., 2, 71.
Sherman, S. J., & Hoffmann, J. L. (2007). The psychology and law of voluntary manslaughter: what can psychology research teach us about the “heat of passion” defense?. Journal of Behavioral Decision Making, 20(5), 499-519.
Broussard, D. B. (2012). Principles for passion killing: An evolutionary solution to manslaughter mitigation. Emory LJ, 62, 179.
Volkh, E. (2014). The “heat of passion” voluntary manslaughter theory. Retrieved from https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/20/the-heat-of-passion-voluntary-manslaughter-theory-responsibility-and-punishment/

IN THE SUPERIOR COURT ) JOHN JOHNSON
HENNEPIN COUNTY ) DISTRICT ATTORNEY
) MINNESOTA JUDICIAL CIRCUIT
)
)
) DOCKET NO.18CR255__________
STATE OF MINNESOTA )
)
v. )
)
CECILIA L. BUTTONS )
Defendant )

__________________________________________________________________

Charge(s)

COUNT 1: Murder in the Second degree (Minnesota Statutes 609.19.1)
COUNT 2: Manslaughter in the First Degree (Minnesota Statutes 609.20.1)
COUNT 3: Assault in the First Degree (Minnesota Statutes 609.221.1)
COUNT 4: Trespass (Minnesota Statutes 609.605.2.b4)

_________ Bill

This_________ day of _________, 2020

________________________________
Grand Jury Foreperson

IN THE SUPERIOR COURT ) JOHN JOHNSON
HENNEPIN COUNTY ) DISTRICT ATTORNEY
) MINNESOTA JUDICIAL CIRCUIT
)
)
) DOCKET NO.18CR255__________
STATE OF MINNESOTA )
)
v. )
)
CECILIA L. BUTTONS )
Defendant )

__________________________________________________________________

INDICTMENT

COUNT 1

The Grand Jury aforesaid, in the name and behalf of the Citizens of the State of Minnesota, charge and accuse CECILIA WINSTONE with the offense of Murder in the Second degree (Minnesota Statutes 609.19.1) in that said accused, in the State of Minnesota and in the County of Hennepin, on or about the 20th day of June, 2020, did unlawfully cause the death of Ms. Hellen Fuller by shooting her with a handgun, contrary to the laws of the State of Minnesota, the good order, peace, and dignity thereof.

COUNT 2

The Grand Jury aforesaid, in the name and behalf of the Citizens of the State of Minnesota, charge and accuse CECILIA WINSTONE with the offense of Manslaughter in the First Degree (Minnesota Statutes 609.20.1)
in that said accused, in the State of Minnesota and in the County of Hennepin, on or about the 20th day of June, 2020, did unlawfully cause the death of Mr. Robbie Winstone by shooting him with a handgun, contrary to the laws of the State of Minnesota, the good order, peace, and dignity thereof.

COUNT 3

The Grand Jury aforesaid, in the name and behalf of the Citizens of the State of Georgia, charge and accuse CECILIA WINSTONE with the offense of Assault in the First Degree (Minnesota Statutes 609.221.1)
in that said accused, in the State of Minnesota and in the County of Hennepin, on or about the 20th day of June, 2020, did unlawfully use a handgun to shoot and cause great bodily harm to Mr. Robbie Winstone and Ms. Hellen Fuller, contrary to the laws of the State of Minnesota, the good order, peace, and dignity thereof.

COUNT 4

The Grand Jury aforesaid, in the name and behalf of the Citizens of the State of Georgia, charge and accuse CECILIA WINSTONE with the offense of Trespass (Minnesota Statutes 609.605.2.b4) in that said accused, in the State of Minnesota and in the County of Hennepin, on or about the 20th day of June, 2020, did enter the premises of Ms. Hellen Fuller without her consent, contrary to the laws of the State of Georgia, the good order, peace, and dignity thereof.

JOHN JOHNSON
District Attorney
MINNESOTA JUDICIAL CURCUIT

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