Hypo on Felony Murder, Attempted Murder, Rape, Conspiracy, and Defenses


Mercy is before the court on charge of, attempted murder, felony murder, 
arson, conpiracy to abuse a child, and misprision/omission to save her 
child (Gina).  Her husband, Max, is also before the court on charge of 
rape, arson, felony murder, conspiracy to abuse a child and 
misprision/omission to save his child (Gina)

Mercy and Max has been married for 7 years.  Their marriage, according to 
Mercy, was never a good one.  Max repeatedly beat Mercy, broke things 
around the house, insulted her publicly, and forced her to have sex when 
he was drunk.  Mercy was too afraid to leave Max so she endured years of 
suffering without complaining of beating or rape to anybody.  They had 
one child, Gina, aged 6.  Mercy always tried to protect Gina from 
Max, but Max was much stronger than Mercy.  And after a while, Mercy was 
too busy trying to fend for herself to worry about Ginas safety.  Often 
times, Mercy would dully watch Max beat Gina and then comfort Gina after 
the beating is over.  In those times, Mercy knew if she tried to 
intervene, they would both get hurt so she didnt intervene.  

One day, Max had too much to drink.  Mercy never saw him this violent 
before. He advanced toward Mercy swearing he will kill both Mercy and 
Gina.  Unlike other times when he threatened only with fists, he had a 
steak knife.  Mercy knew if she did nothing, she would die.  So she 
grabbed the frying pan (which was hot from cooking) and hit Max as hard 
as she could over his head.  As he howled and screamed in pain 
on the floor, she hit him with the frying pan over and over again until 
he looked like he was dead.  Realizing, what she had done, she 
panicked.  So she decided to grab Gina and run as far away from her home 
as possible.  As Mercy and Gina neared the front 
door, Max grabbed Mercy and Gina from behind swearing they will pay for 
what Mercy had done.  Mercy struggled free momentarily, when Mercy 
spotted a cigarette that was still lit.  She grabbed it and tried to 
burn it against Max.  He jumped back and hit it out of 
her hand.  The cigarette landed on the curtains and the living room was 
soon engulfed in flames.    Mercy quickly got out of the house, 
believing that Gina was following right behind her.  Max was confused 
for a while but he managed to get out safely before the 
entire house burned down.  Gina, however, died because she had been 
knocked unconscious by Max so she couldn't escape from fire.  

Max has recently been diagnosed by an expert psychiatrist as suffering 
from schizophrenia.  The Dr. was of the opinion that he needed serious 
medical help because he was suffering from mental disease.  However, 
when asked by the prosecutor if all Max's personalities knew right from 
wrong, he answered that in all probability that all of the personalities 
knew right from wrong.  

The state is charging that Mercy attempted to murder Max, murdered Gina 
by arson, committed arson, conspired to abuse Gina, and failed in her 
duties to save Gina.
The state is charging that Max raped Mercy, murdered Gina by arson, 
committed arson, conspired to abuse Gina, and failed in his duties to 
save Gina. 

Argue for prosecution's side and for defense's side for both Mercy and Max. 
  

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