LAW 2599 : Criminal Law : People v. Hernandez /Santana

Question

Case Brief : People v. Hernandez /Santana

1. Facts
2. Issue
3. Holding
4. Rationality

Answer

Criminal Law

Facts

In People v Hernandez and Santana, 82 N.Y.2d 309 case, the defendants made a plan to rob a man by pretending that they sell drugs. They lured the man into a building to sell him drugs (Signorelli 78). They were unaware that the man was an undercover state trooper. The trooper was backed up with fellow officers,and he was wearing a transmitter to record the conversation. Hernandez pointed a gun at trooper’s head,and a fight started in which the trooper fired his gun. Hernandez ran,and he encountered other members of the police who started shooting at him. One of the bullets fired by a trooper hit and killed one of the othertroopers. The defendants were held liable for the murder,and they argued that they did not shot the trooper.

Issue

Whether the defendants can be held liable for the death of the trooper?

Holding

The New York Court of Appeals rejected the claim made by the defendants and affirmed their convictions.

Rationality

The police werethere to prevent the crime and hold the criminals,and Hernandez was aware regarding the fact that the police will start to shoot if heresisted arrest and remain armed. It is implausible that the defendants were not awareof the fact that the troopers can get hurt when Hernandez provoked a gun battle based on which they were liable for the killing of the trooper who was shot by one of the othertroopers (Ohlin).

Reference

Ohlin, Jens David. Criminal Law: Doctrine, Application, and Practice. Wolters Kluwer, 2016.

Signorelli, Walter. Criminal Law, Procedure, and Evidence. 1^st ed., CRC Press, 2011, p. 78.