JURISDICTION AND VENUE: Pursuant to International Code ratified by all member countries of the United Nations, this Court has jurisdiction to hear the present case in special session at Edison High School in Huntington Beach, California. INTRODUCTION: The prosecution pleas, Victor Frankenstein is found guilty for violating “The Prometheus Article” as well as for committing negligent homicide.
Frankenstein may be proven guilty of murder through the the elements of the mens rea and actus reus, whereas his disobedience of “The Prometheus Article” may be condemned by the three basic laws of negligence, known by many as the “Three Feasance Sisters”. The prosecution demands Victor to serve a four-life sentence with a “15 years to life” possibility of parole for the murders and a maximum 25 year sentence for the creation life; this gives Frankenstein a minimum sentence of 85 years imprisonment.
ALLEGATIONS: INTRODUCTION: The prosecution pleas, Victor Frankenstein is found guilty for violating “The Prometheus Article” as well as for committing negligent homicide. Frankenstein may be proven guilty of murder through the the elements of the mens rea and actus reus, whereas his disobedience of “The Prometheus Article” may be condemned by the three basic laws of negligence, known by many as the “Three Feasance Sisters”.
The prosecution demands Victor to serve a four-life sentence with a “15 years to life” possibility of parole for the murders and a maximum 25 year sentence for the creation life; this gives Frankenstein a minimum sentence of 85 years imprisonment. “The Prometheus Article” “The reproduction and creation of human beings is recognized as a sacred process in the Miracle of Life and is best left unaltered by humankind, therefore the artificial creation of humans in a laboratory setting is prohibited.
Frankenstein’s goal of recreating man for the benefit of society, was actually only fueled by ignorance and greed. The creation of artificial man by Victor Frankenstein demonstrates the negligent act of malfeasance. Frankenstein was told by a colleague of his, M. Krempe, that “every instance [he had] wasted on those books [was] utterly and entirely lost”(Shelley 50). Victor Frankenstein himself also stated,”The untaught peasant beheld the elements around him, and was acquainted with their practical uses.
The most learned philosopher knew little more. “(Shelley 41). Having been urged by Krempe to abandon his research, as well as coming to an understanding of nature’s boundaries, in which all humans must obey, Frankenstein still refuses to put aside his pride; Frankenstein proceeds with the experiment with gross disregard, despite its unlawful nature, as stated in “The Prometheus Article”. Frankenstein not only performs this act, but does so in a poor matter.
Demonstrating misfeasance, it is said that Frankenstein had “dabbled among the unhallowed damps of the grave, or tortured the living animal”(Shelley 62), in order to create his creature. Digging up the bodies of the dead in order to perform an already unlawful experiment seems to further establish Frankenstein’s disrespect for life. How could one who ignores the value of one’s life after death, be expected to realize the value of one’s life when they are alive? Lastly, Frankenstein demonstrates nonfeasance by failing to analyze the consequences before his act.
While creating his creature’s companion, Frankenstein ponders if “she might become ten times more malignant”(Shelley 221), if “they might even hate each other”(Shelley 221), or the creation of “a race of devils who would be propagated upon the earth who might make the very existence of the species of man a condition precarious and full of terror. “(Shelley 222). It is these types of ethical and logical dilemmas Frankenstein had failed to acknowledge before, but should’ve fully capable to, as proven by the fact that he is having them now.
Throughout the undertaking of his creation, Frankenstein exhibits all the elements of the “Three Feasance Sisters”-malfeasance, misfeasance, and nonfeasance. He does so by ignoring the sanctity of life, creating life in a poor manner, and by failing to recognize the consequences that could result. Given this, the exploit he hath committed may be proven as palpable negligence and therefore, unjustifiable by a court of law. Murder/Negligent Homicide Murder is the intentional or negligent killing of another human.
It is alleged that Victor Frankenstein acted negligently, with gross disregard for consequences, and is vicariously liable (should share responsibility) for the deaths of the following persons: William Frankenstein: a minor; Justine Moritz: an employee of the Frankenstein Household; Henry Clerval: a friend and acquaintance, and Elizabeth Lavenza-Frankenstein: the Defendant’s Spouse. Victor Frankenstein is held partially liable for the chaotic behavior of his creature. First let us analyze the “actus reus”, physical aspect of the murders committed.
Although Frankenstein had not committed the murders with his own hands, he had, in a sense, targeted the individuals by informing his creature of their whereabouts. The first victim, Frankenstein’s youngest brother William, was found by the creature roaming the forest; had Victor not written in his journal of Geneva, his family’s home town, the creature would not have been able to travel to the general area in which his relatives could be found. After “grasping his throat to silence him”(Shelley 188), William was left dead and the creature was able to continue his havoc.
Being now relatively close to the home of Frankenstein, the creature was able to frame his second victim, Justine Moretz, leading to the sentencing of her death. Notice here that the creature exclaimed “be hers the punishment! “(Shelley 190), rather than frame the murder on his creator. After what can be confirmed as a brief interaction with Frankenstein, Frankenstein denies his creature’s demands. The creature tells Frankenstein that he will “be with him on his wedding-night. “(Shelley 225), inferring the murder of Elizabeth, and rather than apprehend him Frankenstein allows him to, once more, vanish into the night.
Frankenstein knows his creature had been lurking in the area but did not act and allowed him to further murder his longtime friend and assistant, Henry Clerval, and eventually his spouse, Elizabeth LavenzaFrankenstein; Frankenstein had practically led the murderer to his victims. It is described that “the murderous mark of the fiend’s grasp was on [Elizabeth’s] neck, and the breath had ceased to issue from her lips. “(Shelley 265). At this point all victims are accounted for and may be proven as indirectly listed to the creature, by Frankenstein, as targets.
We must now move onto the “mens rea”, which is the mental capacity to comprehend the crimes committed. Frankenstein, upon allowing his creature to vacate his laboratory, was completely aware of the danger he had put society, let alone his family,in. He may had not known this danger extended to the threat of death in the first incident involving Wiliam, but had sat idly through the trial of Justine, allowing her to be executed. It is stated that Frankenstein “listened to [the] discourse with the extremist agony. “, further mentioning that he “not in deed, but in effect, was the true murderer. “(Shelley 118).
Knowing the true murderer of William, Frankenstein had silently allowed the death of Justine. After the aforementioned interaction with his creature, it would’ve been in the best interest for Frankenstein to warn any and all of his colleagues/family members of their possibly death, but ignores this. Frankenstein, with a guilty conscience and unbreakable pride, does not want to publicly announce his absolute involvement. Even after the sight of Henry Clerval’s “lifeless form”(Shelley 237), Frankenstein pretends to act shocked to Clerval’s parents stating he was “sorry that she was] still alive to feel [the] misery and horror. (Shelley 239).
In what could have been a last effort to save someone he was said to have “loved dearly”, Frankenstein lies to Elizabeth when questioned for his agitated behavior, responding that,”this night and all will be safe”(Shelley 264); Elizabeth is the last to be murdered. Frankenstein never fully informs anyone of his murderous acts until meeting Walton; Frankenstein dies in Walton’s care, to which Frankenstein claims, signified the end to his “insatiable passion” of his “demoniacal design”(Shelley 299).
Regardless of the grim series of events that had taken place, Frankenstein never seemed to recognize his complete involvement or negligence. It is arguable that Frankenstein had never actually committed the actus reus nor possessed the proper mens rea, but upon close examination, particularly the argument presented above, it can be elucidate rather easily. Frankenstein’s actions were not only cowardice, but also led by pride and ego. The murders committed may, in this court of law, be proven to be delegated by the defendant, Victor Frankenstein.
Closing Remarks Victor Frankenstein should be held crimes against humanity. He broke a law of nature, and created an unnatural creature with the impulse of a child. As a result, he not only caused his creature to murder close relatives and friends, but has also never taken custody of doing so. From 1818, the year his monster seemed to have been created, until the time of his death, Frankenstein ran from persecution. The year is now 017, almost 2 centuries later, and it is time to punish him; we must wait no longer. I hope the jury may come to a fair verdict and once and for all, put an end to this mayhem.
