(1) Yes, the killer could have refused, but in the example he did not. He is guilty of murder, probably in the first degree, but the instigator is guilty of conspiracy and probably some other charges, depending on the particular state. IMO the instigator should be punished as heavily as the actual killer.Parallel extreme example -- in a case of murder for hire (or persuasion, manipulation, etc.), the actual killer is not the instigator.oooooooooooo boy lol but the "killer" (quotes intentional) made the decision to do it. They could have taken the money and split to somewhere overseas, or have just said no.along those lines though...let's say i get really ticked at greg and drive down with the intent and malice afoerthought to kill him, and instead i miss greg and kill mick. what would i be guilty of?
(2) Hmmm. I think it's still first-degree murder, or maybe it should be called felony murder because it was an accidental killing committed in pursuit of an attempted first-degree murder.
---Lowell
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