Ryder Homicide Problem

For class today, consider questions 1 and 5.  Can Dadd be prosecuted for any degree of homicide?  If so, what degree and why?  What defenses may be available?  Should he be prosecuted, and if so, for what?

Ralph Ryder was out riding his horse one afternoon. Ralph was a divorced individual who lived alone in a big house and was the subject of recent rumors in town. Some people believed that he was responsible for the molestation of several children and even thought him responsible for the recent disappearance of two children. The rumors probably started because of comments made by his ex-wife during divorce proceedings. In fact, all of these comments were untrue, and Ralph was a nice man who never intentionally hurt anyone in his life. Ralph came upon Mary (a young girl who had been thrown from her horse, hit her head on a rock and was killed) lying on the trail, and he got off his horse to see what was wrong. He leaned over her, trying to determine if she could be saved. He realized he was too late.

At about the same time, Dadd (Mary's father), who had become worried when Mary did not return at her usual time, arrived at the scene. Dadd had been especially concerned because of the disappearance of two other children and went out looking for her. Before he left the house, he took his hunting rifle with him. He saw Ralph kneeling over Mary, who he could see was either seriously injured or dead.

Dadd took out his rifle and shot directly at Ralph, who died immediately from the gunshot wounds.

1) What if Dadd knew Mary was dead. When Ralph saw Dadd, who he knew to be Mary’s father, he said, "I couldn’t help . . . " (meaning he tried to help her but it was too late). Thinking that Ralph was trying to justify or explain his murder of Mary (he couldn't help himself in hurting her), Dadd was overcome by grief and anger. He took his rifle and shot several shots directly at Ralph, who died immediately from the gunshot wounds.

2) What if Dadd thought Ralph was trying to kill Mary.

3) What if, rather than Dadd, it had been a friend who was out looking for Mary?

4) What if Ralph had a gun and pointed it at Dadd?

5) What if Dadd's shots missed Ralph but hit his horse, who went berserk and trampled Ralph, killing him?