Dawn and Vik’s Case Plan

Dawn and Vik’s Case Plan

The case of Dawn and Vik may be a complicated one because several elements have to be critically analyzed to conclude the case. However, there are various angles in which Dawn can be advised as being liable to the crime and how she can take the legal battle to defend herself in the court of law. The advice and defense can be analyzed using the IRAC method to plan for her situation.

Using the IRAC Method Dawn can be advised as follows;

Issue:The issue is that Dawn had murdered Vik thinking that she was defending herself. The question, therefore, would be whether there is a manslaughter (murder)case that Dawn is answerable to in the court of law. The killing and his unstable state of mind form the most significant crisis for this legal case. The fact that Vik has been killed in this case makes it a criminal offense according to the laws of the land. Therefore, informing the defendant about the issue would imply that she gives her account for her to understand the charges. Further, advising her would mean that she needs to take action to defend herself appropriately. The case of murder will, therefore, be reduced to manslaughter if the defense is adequately organized.

Rule:Manslaughter is a justifiable criminal offense according to the rule of law that needs to be prosecuted effectively to determine the intention of the plaintiff. Legal rules may precede the further understanding of the case and the issue at hand. In the current society, manslaughter is defined by statute laws rather than the usual common laws(Simon, 2010). There are different classifications of murder, whether intended or not, and applies differently with the defendants who are accused and the reason for which the defendant committed the crime. Manslaughter is one of the classes of murder, which is the issue in this case.  The case of death can be legally argued and viewed that the victim might have provoked the accused to commit the crime. Being of an insane mind, the plaintiff without any intention would go ahead and attack the victim. Manslaughter can be defined by the moral blameworthy of the plaintiff and what was the intention to commit such a crime(Blom-Cooper, 2011).However, a medical condition that may interfere with one’s mental states makes the individual legally insane..

Application:The fact in the case of Dawn and Vik’s argument is that the latter was killed unknowingly, and therefore, manslaughter is the case at hand. However, Dawn, through her defense, can take further actions to term the murder class as manslaughter as opposed to the prosecutions, which may try to argue it as intentional murder. Dawn felt attacked, leading to her being provoked to go and attack the victim, Vik. The intention of Dawn might not be to kill Vik but only to defend herself and punish him for brushing her with the bike, something that might have led to her being injured in the end in case the bike hit her. Given her medical situation and that her tumor makes her unreasonable, she might have reasoned out that Vik was attacking her, and the immediate action to take was to strike back. The defense can further argue that Dawn’s mental state of mind might have been the reason for her extreme behavior that led her to attack Vik. Looking at the prosecution, they may view this as an act of intentional murder since Dawn might have attacked knowingly and hit several times until Vik had died when she stopped. She might have intended to do this. However, for the defense team, the argument on the mental condition which interferes with the thinking might cause the extreme behavior of Dawn to attack back and act in self-defense. Such an angle of defense and reasoning might cause Dawn to be pardoned or even receive a lenient ruling or other punishment similar enough to compensate for the verdict.

Conclusion:Dawn will be jailed to pay up for the crime as she is guilty.The legal defense for justifiable murder, the class of manslaughter, is available to Dawn in the case of harming and killing Vik. The second degree of a murder would be her case, and thereby she will be incarcerated for the crime.

Reference

Blom-Cooper, L. (2011). Fine lines and distinctions: Murder, manslaughter, and the unlawful taking of human life. Waterside Press.

Simon, J. (2010). How should we punish murder? Marq. L., Rev., 9