Can josh claim a complete defense to his action

Reference no: EM133620700

Problem

For about a month, Josh had been hearing voices ordering him to kill the president of a pharmaceutical company that advertises a new psychiatric drug on television. The voices told Josh that the medication's real purpose is to turn psychiatric patients into zombies.

So Josh found the address of the company, which manufactures the drug, and drove to their headquarters. He then climbed over a fence to avoid security and waited inconspicuously on the company grounds with the entrance to the headquarters in full view. At 6pm, a man walked out of the building and Josh recognized him from the commercial as the company's president. Josh then walked towards the president of the company, removed a handgun from his jacket pocket, and shot at him three times until his gun jammed. None of the shots struck the president but one of the bullets hit a security guard running onto the scene, killing him instantly. This is not the first time the President has faced danger. He has a concealed weapons permit and following the principles of his self-defense training; he dove for the ground, removed a handgun from his shoulder holster, and immediately returned fire against Josh. One of the shots from the President's gun struck Josh in the bicep and he dropped his gun. Three additional security guards soon arrived, and Josh was wrestled to the ground.

A. If Josh is charged with first degree murder of the security guard, can Josh claim a complete defense to his action? The M'Naghten Test applies in this jurisdiction.

B. Assume that Josh cannot claim a complete defense to the first-degree murder charge. Does he have any course of action available to him that might mitigate the charges against him? Assume that the jurisdiction follows modern statutory provisions relating to this issue. Also, discuss separately how the California Penal Code would address the question.

C. In the unlikely event that the pharmaceutical company president were to be charged with a crime, what defense would he raise in: (1) a stand your ground jurisdiction; and (2) a retreat rule jurisdiction.

Reference no: EM133620700

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