What crimes, if any, can Bobby be charged with?

Bobby and Vickie had suffered through 10 years of a tumultuous marriage. Finally, Vickie had enough and decided to leave Bobby. Upon coming home one day and seeing Vickie's belongings gone from their marital home, Bobby began to call Vickie's friends to find her. When they would not give Bobby information about Vickie's whereabouts, Bobby began to leave messages on their answering machines that said, "If you don't tell me where Vickie is, I'm going to come over there and burn your house down." Bobby left hundreds of similar messages on Vickie's cell phone, on her friends' answering machines and on Vickie's e-mail account stored on her computer. Bobby began to call the burger joint where Vickie worked and when her manager refused to put Vickie on the telephone, Bobby called an anonymous tip to the police station that there was a bomb planted underneath the french fry fryer. When the threat was relayed to the burger joint, everybody ran out of the joint running and screaming. Bobby was sitting nearby and when he saw Vickie run out of the joint, he shot and killed her.
What will be an ideal response?


ANSWER: Answers may vary: This question is designed to test student knowledge of stalking, making terroristic threats, and first degree murder. The mens rea of stalking is that Bobby should have known his persistent harassing behavior was causing Vickie distress and his false bomb threat to the burger joint falls within the elements of making a threat to cause fear and panic. Bobby can also be charged with first degree murder as his killing of Vickie was willful (specific intent), deliberate (cool mind) and premeditated (planned).

Criminal Justice

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