Legal Question in Criminal Law in Michigan

Re: adultery, murder, w/ accessory

Bob could be guilty of 1st Degree Murder (life w/o parole), 2nd Degree Murder (up to life w/ parole) or Voluntary Manslaughter (up to 15 years).

1st Degree Murder requires an intentional killing w/ "premeditation" (enough time for a reasonable person to think about whether to kill ... but the law doesn't say how much time is enough time). The time to walk to Ann's, to get the gun, to talk to Ann about his plan, to return home and kill Victor may be enough time for a jury to say he could have weighed the consequences. Self-defense is not a defense to this crime.

2nd Degree Murder requires an intentional killing but w/out premeditation or 'lawful excuse' (i.e., self-defense).

Voluntary Manslaughter requires that Bob have caused a death, that he intended to kill, but that he act out of anger or passion brought about by adequate cause and before he had reasonable time to calm down. I'm sure the defense would focus on this, claiming that he "acted in the heat of passion".

Self defense could be asserted re: 2nd Degree Murder and Involuntary Manslaughter, but I don't think it would work. This defense is a legally-justified use of force to protect one's self, another person against some injury attempted by another person. It is the right to repel force with force. The defendant (i) must have honestly and reasonably believed that he had to use force for protection, (ii) may use only the type and degree of force that seems necessary for protection at the time based on the circumstances known to him, (iii) must not have acted wrongfully and brought on the assault (i.e., provoked the attack). In Michigan, a Prosecutor must disprove a self-defense claim beyond a reasonable doubt. Bob won't win on this issue because he did not actually or reasonably know that Victor had a knife, or that Bob had to use deadly force to protect himself or another person. Like the old "tree falling in the woods but no one there to hear it" concept, if he does not know that Victor is a threat to kill or seriously injure him, he cannot claim self defense because he "found out later" that Victor had a knife.

Ann could be charged as an "aider or abettor" to Bob's criminal conduct (murder or manslaughter) --- and face the same maximum penalties as him --- because she let him have the weapon, and encouraged his plan. But, she appeared to have very little time with Bob to fully understand what was going on, or to assess how serious Bob was.