Law Assignment #3 Professional Responsibility and Legal Ethics

Professional Responsibility and Legal Ethics

Issue

This case is a murder case; Mr. Stewart is sentenced to death as he is proved to be a serial killer. However, the issue in the case is that under the laws of Phoenix, Arizona, a killing done intentionally while under the influence comes under murder however, the murder should have been committed in a deliberated, premeditated or willful way. These are well defined in the section 13-1103 to 13-1304.

Rule

Under the laws of Arizona, murder is punished by the courts of laws at what time the defendant acts in deliberate, willful, and premeditated killing. AZ Rev Stat § 13-1103.

Guilty Except Insane - the defendant pled responsible except insane also placed under the control of the Arizona Hospital. Defendant was charged with for the murder. Defense experts and investigations confirmed that defendant was insane when he was committing the same crime, and was not able to recognize the wrongfulness of this conduct. The responsible except for insane resolution permits the defendant to get psychiatric treatment sooner than just be warehoused in jail. (Note: Arizona removed the decision of not responsible by cause of insanity ruling in support of the responsible except for insane verdict many years ago.) Maricopa County Superior Court.

In Phillips v. Ornoski, 673 F3d 1168 (9th Cir. 2012), Phillips as well as his companion fled the state, and were arrested with charged of murder of a guy, attempted killing of the other guy, in addition to robbery. Besides proof by the fatality, the prosecution presented evidence by the feminine accomplice other than exclusive of disclosing a promise of lenience to her.

The 9th Circuit commonly utilized the Green case to grasp that the killing and attempted killing by Phillips was intended not to aid robbery. It was considered as a pure murder. Therefore, the exceptional condition instruction needing felony killing had not been confirmed in the lack of proof that Phillips deprived the 2 men.

By the 9th Circuit panel the decision was upturned by the Supreme Court; as well as in 2012 the board unearthed an irrelevant and worthless legal difference to leave the death penalty. Even though right and the prosecutor responsible, the overpowering evidence vindicated the jury verdict.

In State v. Hausner, two serial killers were caught in the suburb of Mesa police. The two friends Dale Hausner aged 33 and Samuel John Dieteman aged 30 allegedly ...