This question should be answered in IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
After drinking at his favorite bar all day long and becoming very intoxicated, the defendant pulled out a gun to reenact a scene from a movie he had seen the other day. Pointing his gun at a bystander, he slurred a line from the movie and pulled the trigger. He was shocked to see the bystander fall down dead with a bullet in him. Due to his intoxicated state, the defendant cannot remember pulling out or firing the gun.
A state statute defines all murders as second degree murders unless deliberation and premedication can be shown, in which case the crime is elevated to first degree murder.
What is the most serious crime of which the defendant may be convicted?
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First, consider the impact of the defendant’s very intoxicated state on his ability to act with deliberation and premeditation in committing murder. Then, consider what criminal liability should attach to the defendant’s decision to become intoxicated with a firearm on his person.
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