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7. Fake Healer

(10%)
Eddie brought his son Randy to a local faithhealer known as “Mother Himala.” He was diagnosed by the faithhealer as being possessed by an evil spirit. Eddie thereupon authorized the conduct of a “treatment” calculated to drive the “spirit” from the boy’s body. Unfortunately, the procedure conducted resulted in the boy’s death.

The faithhealer and three others who were part of the healing ritual were charged with murder and convicted by the lower court. If you were the appellate court Justice, would you sustain the conviction upon appeal? Explain your answer.

1 comment:

Anonymous said...

No. Murder is not committed because any of the following circumstances which qualify the killing to murder is not present in the case at bar:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity;
2. In consideration of a price, reward, or promise;
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.