Felony murder rule and the misdemeanor manslaughter rule

If I Can’t Have You Bertha shot and killed her husband and his lover after discovering them having sex in his car. When an officer came to her house toinform Bertha that her husband had been shot, Bertha broke down and admitted she did it. She also admitted that she had purchased a gun illegally because she suspected her husband of cheating. This confession took place before the officer read Bertha her Miranda rights, although when he went to the house the officer had suspected Bertha. Bertha was convicted of manslaughter because her confession was suppressed. Answer the following questions:

a. You are the trial judge at the sentencing hearing. If you wish, you can rely on the suppressed confession for a sentence enhancement, in effect imposing the same sentence Bertha would have received for second-degree murder. Should you do so? Why or why not?

b. If you were on the appellate court reviewing Bertha’s sentence imposed as described in (a), would you rule that this sentence is fair?


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