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Dan has been in and out of mental institutions most of his life. While working in a grocery store stocking shelves, he got into an argument with Vic, a customer who complained that Dan was blocking the aisle. When Dan swore at Vic and threatened to kick him out of the store, Vic told Dan that he was crazy and should be locked up. Dan exploded in anger, shouted he would kill Vic, and struck Vic with his fist, knocking Vic down. As Vic fell, he hit his head on the tile floor, suffered a skull fracture, and died. Sponsor Spotlight REPEATING THE BAR EXAM? EMERSON’S! Ready for something intensive? Extensive personal attention, daily writing practice, practical support, 28 live online lectures, daily question & answer periods, daily homework essays, 6 performance tests, 10 half-day practice exams, all graded with useful written comments, prompt turnaround. 31 years teaching bar review. EmersonsBarReview.com The ultimate bar review course. No one does it better.

Dan was charged with murder. He pleaded not guilty and not guilty by reason of insanity. At the ensuing jury trial, Dan took the stand and testified that he had been provoked to violence by Vic’s crude remarks and could not stop himself from striking Vic. Several witnesses, including a psychiatrist, testified about Dan’s history of mental illness and his continued erratic behavior despite treatment. 1. Can the jury properly find Dan guilty of first degree murder? Discuss. 2. Can the jury properly find Dan guilty of second degree murder? Discuss. 3. Can the jury properly find Dan guilty of voluntary manslaughter? Discuss. 4. Can the jury properly find Dan not guilty by reason of insanity? Discuss. Check out the Answer

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