Law

Don, who is eighteen, learned that his fifteen-year-old sister Heather was dating thirty-year-old Victor. He ordered his sister to stop seeing Victor, but she just laughed at him and said, "We love each other and nothing can come between us. "Don decided to teach Victor a lesson. One afternoon, he obtained a realistic looking toy pistol and drove to Victor's house. He parked outside the house and waited for Victor to come home from work. When Victor returned and was parking his car, Don approached, holding the toy pistol behind his back. When Victor opened the car door, Don displayed the toy pistol and announced, "I am Heather's brother. I want you to stop seeing her. "Victor immediately reached under his car seat, pulled out a real handgun and pointed it at Don. Don grabbed the gun in Victor's hand and the two struggled for possession of it. While they were struggling the gun discharged, killing Victor. You are working for the prosecutor. She informs you that she is thinking of seeking a murder indictment against Don based on the theory that Don feloniously assaulted Victor and the killing occurred during the felony. A) She asks for your advice. Please advice. Apply the criminal law. B) Same facts. The prosecutor is worried that the defendant may raise a defense of self-defense and asks whether such a defense would be available. Please advice c) Same facts. The prosecutor is worried about proving causation in the event the jury finds that the trigger was actually pulled by the victim. She asks whether the trial court would give this instruction: "The law presumes an actor intends the results of his acts. " Please advise.
Based on your reading of the following statement from the Department of Defense, what steps do you suppose the government is taking to make certain private contractors do not exceed their authority?Top officials from the Defense and State departments today signed a joint memorandum that will increase coordination between American military forces, the U.S. Embassy in Baghdad and private security contractors in Iraq. The document broadly defines how future use of force, movement, and reporting of incidents by security contractors in Iraq will be more closely coordinated with U.S. government entities. We think this is a very good and strong memorandum of agreement between our two departments and should vastly improve the coordination and control of private security contractors operating in Iraq, Defense Department spokesman Bryan Whitman said today.With regard to legal accountability of private contractors, Whitman said, the memo reaffirms the departments commitment to work with Congress toward legislation that will facilitate legal accountability under U.S. law. Whitman said many of the provisions outlined in the memorandum already are in practice, but they will be further operationalized by officials at Multinational Force Iraq.A. The Department of Defense recognizes the need to establish legal boundaries that assure private contractors do not exceed their authority.B. With a few years, it is likely that private contractors will replace enlisted soldiers on the battlefield.C. Corporate security forces are taking on an increasingly significant and legally appropriate role in modern warfare.D. Contractors will not be used following the cessation of hostilities in Iraq.