Q: (FOR A BOOK PROJECT) what is the maximum sentence this person can serve?
I am doing a book project, and have to say why Erik(17) is guilty. In the book, Luis(25) walks up to Erik and Arther(17) because Erik punched his brother, Tino(12), in the face. Luis never touches anyone, but does talk to them. Erik tells Arther to " Hit 'em" , so Arther reaches into a gym bag and pulls out a black jack. Arther hits Luis on the left side of his head. this action causes an aneurysm to pop killing him a week later. Erik showed no remorse. What is the highest sentence that Erik can serve? Can you walk me through the steps to get to your conclusion?
A:
First, you need to determine what crime or crimes Erik may have committed. This may depend upon some facts which you have not stated. For example, was Erik aware that Arther had a blackjack? Did he have cause to believe that, when told to " Hit 'em", Arther would use a blackjack?
Once you know the statutory elements of the crime(s) you are considering, you need to consider how all of the facts may apply so as to lead to a conviction. It is conceivable that this is a capital crime, but you won't know until after you conduct the analysis I have described.
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