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Is she an Accomplice? Questions Presented 1. Whether a person in Alaska
can be charged as an accomplice to an unintentional crime ...
... generations of the Parker Family. Although she was an accomplice to Clyde, her
still loved and cared about her. It meant something to Mrs ...
... Hester also never lies when approached by ministers to confess whom the accomplice
were. She just says, “I will not speak” (Hawthorne 64). ...
... gifted, but mentally disturbed man, Ian Brady. She was an infatuated accomplice
31 years ago". In December 1995, Hindley, who is in ...
... gifted, but mentally disturbed man, Ian Brady. She was an infatuated accomplice
31 years ago". In December 1995, Hindley, who is in ...
Submitted by jojfry on April 15, 2006
Category: Social Issues
Words: 5511 | Pages: 23
Views: 104
Popularity Rank: 93,321
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Questions Presented 1. Whether a person in Alaska can be charged as an accomplice to an unintentional crime, when Alaskan courts required that one must have the specific intent to promote or facilitate the offense? 2. Whether the mother was the legal cause of her children's death, when she permitted the father to take the children in his car when he was drunk? Statement of the Case The appellant, Elaine Benis, was indicted in the County of Norchester, on one count of manslaughter, pursuant to A.S. §11.41.120. (R. at 1.) She was also indicted for one count of accessory to manslaughter, pursuant to A.S. §11.41.120 and A.S. §11.16.110. (R. at 1). After the presentation of the prosecution's case, the defense moved to dismiss on the grounds that the prosecution did not prove beyond a reasonable doubt that Mrs. Benis was reckless. (R. at 9). This motion was denied. At the conclusion of its case, the defense moved for a directed verdict, stating that the prosecution failed to show that Mrs. Benis recklessly caused the death of her children. (R. at 12). This motion was denied and the judge informed the counselors that he would charge the jury in accordance with the state's proposed charge. (R. at 13). The defense strongly objected and renewed its motion for a directed verdict, submitting that there was insufficient evidence to prove that Mrs. Benis was the cause of her children's death, since Mr. Peterman's actions clearly were the only cause of their death and that it is logically impossible for any jury to find someone guilty as an accomplice to an unintended crime. (R. at 13). The trial judge denied the motion. (R. at 13). Mrs. Benis was convicted and appealed to the Court of Appeals of the State of Alaska. (R. at 15). At issue in the appeal was whether the trial court erred, as a matter of law, (1) in instructing the jury on the charge of accessory to manslaughter and (2) in denying Mrs. Benis's post trial motion for a directed verdict because there was...
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