Mary Maloney is not guilty of culpable homicide. She has a peaceful nature, a probable mental illness, and she killed her husband in the heat of passion. To begin with, she has a peaceful nature because while she waited for her husband to come home from work, there was a "slow smiling air about her, and about everything she did... laid aside her sewing, stood up, and went forward to kiss him as he came in" (1). This explains that an innocent woman like Mary Maloney couldn't have planned to kill Patrick Maloney as she was waiting for her husband to get home so that she could enjoy his company and make him dinner. Similarly, Mary Maloney arguably has mental illness because when she killed her husband she told herself "Alright... So I've killed him" (1). In this case, we see that she has a mental illness because other people would hesitate, think about what they just did, and would cry and probably freak out instantly. Lastly, she was provoked, and the Canadian criminal code, section 232 states that "provocation is a wrongful act or an insult that is such a nature as to be sufficient to deprive an ordinary person of the power of self-control. For the purpose of this [story], if the accused acted it on the sudden and before there was time for his/her passion to cool, it is considered provocation". Mr. Patrick Maloney clearly falls under this section because whatever her husband told her, possibly such as that he was cheating on her, probably angered and degraded her to the point of mind numbness and uncontrollable passion which was not given enough time to dissipate while she found a murder weapon and therefore drove Mrs. Maloney to kill her husband out of mindless passion. Overall, Mr. Patrick Maloney is not guilty of this crime because she is a peaceful natured woman, she has a possible mental illness, and she committed this crime in the heat of passion.
It never says that Mary Maloney has a mental illness. Also, your argument for her having a mental illness "...people would hesitate, think about what they just did and would cry and probably freak out instantly" is not valid because when she goes up to her bedroom she is too shocked to speak normally and has to practice a couple of times. However, I am not saying that the reaction you listed is not true, most people will do that. Mary Maloney just had that reaction, but a DELAYED one. When she came home from the store she admitted that there was no acting necessary for the shock when she saw her husband. and also when the police showed up she had great remorse and wept and was immobile in the chair. So this point I am proving shows that Mary does not have a mental illness because she has a typical reaction that you yourself explained.
Ahh, yes, that's true. Although I agree with you on the mental illness part, the ending is a bit off from what we were suppose to write. We were hoping to write that she would be charged for second degree murder but we accidentally forgot to type that out (took it up with our teacher afterwards).
Hello friend, First of all, it doesn't say in the story that Mary has a mental illness. Even if she did, you still can be charged for murder of some sort.
The nature of a person is not taken into consideration by law enforcement. Mary would be charged for second degree murder. despite the fact that she is usually a peaceful person. Also if she did have a mental illness she would be put in an insane asylum because she is a danger to others and possibly herself.
Nice job! I was very impressed with your knowledge of how someone can't be guilty if they have a mental illness! Although if she is found to not have a mental illness, wouldn't you think she would be accused of manslaughter since she was provoked by her husband being rude and divorcing her?
Mary Maloney is not guilty of culpable homicide. She has a peaceful nature, a probable mental illness, and she killed her husband in the heat of passion. To begin with, she has a peaceful nature because while she waited for her husband to come home from work, there was a "slow smiling air about her, and about everything she did... laid aside her sewing, stood up, and went forward to kiss him as he came in" (1). This explains that an innocent woman like Mary Maloney couldn't have planned to kill Patrick Maloney as she was waiting for her husband to get home so that she could enjoy his company and make him dinner. Similarly, Mary Maloney arguably has mental illness because when she killed her husband she told herself "Alright... So I've killed him" (1). In this case, we see that she has a mental illness because other people would hesitate, think about what they just did, and would cry and probably freak out instantly. Lastly, she was provoked, and the Canadian criminal code, section 232 states that "provocation is a wrongful act or an insult that is such a nature as to be sufficient to deprive an ordinary person of the power of self-control. For the purpose of this [story], if the accused acted it on the sudden and before there was time for his/her passion to cool, it is considered provocation". Mr. Patrick Maloney clearly falls under this section because whatever her husband told her, possibly such as that he was cheating on her, probably angered and degraded her to the point of mind numbness and uncontrollable passion which was not given enough time to dissipate while she found a murder weapon and therefore drove Mrs. Maloney to kill her husband out of mindless passion. Overall, Mr. Patrick Maloney is not guilty of this crime because she is a peaceful natured woman, she has a possible mental illness, and she committed this crime in the heat of passion.
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It never says that Mary Maloney has a mental illness. Also, your argument for her having a mental illness "...people would hesitate, think about what they just did and would cry and probably freak out instantly" is not valid because when she goes up to her bedroom she is too shocked to speak normally and has to practice a couple of times. However, I am not saying that the reaction you listed is not true, most people will do that. Mary Maloney just had that reaction, but a DELAYED one. When she came home from the store she admitted that there was no acting necessary for the shock when she saw her husband. and also when the police showed up she had great remorse and wept and was immobile in the chair. So this point I am proving shows that Mary does not have a mental illness because she has a typical reaction that you yourself explained.
DeleteAhh, yes, that's true. Although I agree with you on the mental illness part, the ending is a bit off from what we were suppose to write. We were hoping to write that she would be charged for second degree murder but we accidentally forgot to type that out (took it up with our teacher afterwards).
DeleteHello friend,
ReplyDeleteFirst of all, it doesn't say in the story that Mary has a mental illness. Even if she did, you still can be charged for murder of some sort.
The nature of a person is not taken into consideration by law enforcement. Mary would be charged for second degree murder. despite the fact that she is usually a peaceful person. Also if she did have a mental illness she would be put in an insane asylum because she is a danger to others and possibly herself.
ReplyDeleteNice job! I was very impressed with your knowledge of how someone can't be guilty if they have a mental illness! Although if she is found to not have a mental illness, wouldn't you think she would be accused of manslaughter since she was provoked by her husband being rude and divorcing her?
ReplyDelete