Cherayil, Heidt, Hu, Lee Inc.
205 S. Providence Avenue
Wallingford, PA 19086
Attorney ID No. 1421
Attorneys for the Prosecution
The State
Commonwealth of Pennsylvania
Court of Common Pleas
County of Delaware
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The People
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v.
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The Creature
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Defendant
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CRIMINAL DIVISION
March 2013
No.1831
Docket No. 09-LMR-011
Memorandum of Law in Support of the Prosecution’s
Motion to Pursue the Charges of First-Degree Murder,
Third-Degree Murder, and Involuntary Manslaughter
The State files this motion to pursue all charges: involuntary manslaughter for the death
of Justine Moritz, third-degree murder for the death of William Frankenstein, and first-degree
murder for both Henry Clerval and Elizabeth Lavenza. The death of Justine Moritz was not
planned or intentional. The murder of William Frankenstein was not premeditated, but the
Creature knew that his subsequent actions would kill and did so with malice. The murders of
Henry Clerval and Elizabeth Lavenza were planned more than five minutes before the crime,
which was committed with malice (“Crimes”). Therefore, the Creature is guilty on all charges.
STATEMENT OF FACTS
1 Justine Moritz
a
After the discovery of William’s dead body, a servant found a picture of Caroline
Frankenstein in Justine’s pocket, last seen in William’s possession.
b
Justine confesses to the murder of William, but secretly tells both Elizabeth and
Victor that she is innocent and only confessed in order to gain salvation.
c
Justine is executed for her “guilt”.
d
Later, the Creature explains to Victor Frankenstein that once he came across
William accidentally and learned that he was the son of Alphonse Frankenstein,
he became enraged and strangled him to death. He takes the picture of Caroline
Frankenstein that William was holding and put in in the pocket of the girl sleeping
in the barn (Justine), thereby framing her.
2 William Frankenstein
a
On Thursday, May 7th, many members of the Frankenstein family went for a walk
in the Plainpalais neighborhood in Geneva.
b
The two young brothers, William and Ernest, ran ahead of the group.
c
At dusk, Ernest returned to the main group without his brother.
d
Ernest told the family that “he had been playing with him, that William had run
away to hide himself, and that he vainly sought for him, and afterwards waited for
a long time, but that he did not return” (59).
e
The family searched for William the whole night, going back to the house and
using torches to search the surrounding areas.
f
At 5 a.m., Alphonse Frankenstein found William “stretched on the grass livid and
motionless: the print of the murder’s finger was on his neck” (60).
3 Henry Clerval
a
Clerval was born the son of a merchant in Geneva and grew up as Victor
Frankenstein’s best friend.
b
Frankenstein remembers Clerval as a boy who “loved enterprise, hardship, and
even danger, for its own sake” (30). Clerval was also a voracious reader as a boy,
focusing mainly on chivalrous and romantic novels (30).
c
As a young man, Clerval visits Victor Frankenstein at the University of Ingolstadt
where Frankenstein is currently visiting.
i
In order to go to the university and study Middle Eastern and Asian
languages, he had to convince his father that the knowledge would benefit
the company.
ii Upon meeting Frankenstein, he realizes something is a bit off but doesn’t
push the issue. Clerval ends up nursing Frankenstein back to health.
d
A letter comes from home telling Frankenstein of the death of his brother,
William Frankenstein, so both Frankenstein and Clerval return to attend
William’s funeral and see how the search for the killer is going.
e
In an effort to cheer Frankenstein up after the recent, tragic events, Clerval travels
to London with Frankenstein.
i
While in London negotiating with friends for his company’s Indian
enterprise, all Clerval knows is that Frankenstein has secluded himself on
the island. Knowing that his business is almost finished, Clerval asks
Frankenstein to meet him at Perth.
f
The Creature strangles Henry Clerval, evident by the large black marks on his
neck, and throws the body on the shore.
i
Some villagers stumble upon the body and try to revive Clerval but in
vain.
ii Victor Frankenstein arrives on shore around the same area that Clerval’s
body was found and is accused of the murder of his friend
4 Elizabeth Lavenza
a
Lavenza is an orphan girl “adopted” by the Frankenstein family.
b
The Frankensteins give Elizabeth to Victor as a gift as a young boy with the
expectation that the two of them will marry in the future.
c
During her entire life, Elizabeth is a passive girl who keeps the Frankenstein
house in order while waiting for Victor to come home and marry her.
i
While Victor is away at the university, she writes letters to him in an effort
to cheer him up.
d
On the night of her wedding with Victor, the Creature strangles Elizabeth
Lavenza to death.
Argument
1 Justine Moritz: Involuntary manslaughter
a
Justine Moritz is dead.
i
b
“And on the morrow Justine died” (72).
Justine is dead by execution for the perceived murder of William Frankenstein.
i
c
“She perished on the scaffold as a murderess” (72).
The Creature knowingly acted in a way that could cause the eventual death of
Justine by framing her with the murder of William Frankenstein.
i
“I left the spot where I had committed the murder [of William], and
seeking a more secluded hiding-place, I entered a barn which had
appeared to me to be empty. A women was sleeping on some straw; she
was young: not indeed so beautiful as her whose portrait I held [of
Caroline]...but she shall suffer: the murder I have committed because I am
for ever robbed of all that she could give me, she shall atone. Thanks to
the lessons of Felix and the sanguinary laws of man, I had learned now to
work mischief. I bent over her, and placed the portrait securely in one of
the folds of her dress” (122-123).
2 William Frankenstein: 3rd degree murder
a
William Frankenstein is dead.
i
“‘About five in the morning I discovered my lovely boy, whom the night
before I had seen blooming and active in health, stretched on the grass
livid and motionless’” (60).
b
There is evidence of the Creature’s preferred method of killing on William.
i
c
“The print of the murderer’s finger was on his neck” (60).
William did not intend to disturb the Creature and had no intention of harming
him in any way.
i
“At this time a slight sleep relieved me from the pain of reflection, which
was disturbed by the approach of a beautiful child, who came running into
the recess I had chosen, with all the sportiveness of infancy...As soon as
he beheld my form, he placed his hands before his eyes and uttered a shrill
scream” (121).
d
The Creature did not plan to kill William, but as soon as he found out the child
was a Frankenstein, the Creature committed this crime of passion.
i
“‘Frankenstein! you belong then to my enemy--to him towards who I have
sworn eternal revenge; you shall be my first victim’” (122).
e
The murder was done with malice as shown by the rage and hatred it was done
with.
i
“I gazed on my victim, and my heart swelled with exultation and hellish
triumph” (122).
f
The Creature has confessed that he committed the murder of William
Frankenstein on several occasions.
i
“I grasped his throat to silence him, and in a moment he lay dead at my
feet” (122).
ii “I left the spot where I had committed the murder” (122).
3 Henry Clerval: 1st degree murder
a
The State can prove that Henry Clerval is dead beyond a shadow of a doubt.
i
“You are to give an account of the death of a gentleman who was found
murdered here last night.” (147)
ii “The body... it was not cold. They put it into a bed, and rubbed it; but life
was quite gone.” (150)
iii “When I saw the lifeless form of Henry Clerval stretched before me. I
gasped for breath.” (150)
b
The State can prove that the Creature killed Henry Clerval beyond a shadow of a
doubt.
i
The Creature was at the place of the crime on the night of the crime.
1
“I left Switzerland with you” (142)
2
“I saw him in his boat, which shot across the waters with an
arrowy swiftness.” (143)
ii The Creature used the same M.O. to kill Henry Clerval as he did William
Frankenstein. Both victims were strangled to death with black marks
around their necks as proof.
1
“They found that the clothes were not wet, and even that the body
was not then cold... he had apparently been strangled; for there was
no sign of any violence, except the black mark of fingers on his
neck.” (149)
c
The State can prove that the Creature intended to kill Henry Clerval with malice
beyond a shadow of a doubt.
i
“I will glut the maw of death, until it be satiated with the blood of your
remaining friends.” (83)
ii “The wretch saw me destroy the creature on whose future existence he
depended for happiness, and, with a howl of devilish despair and revenge,
withdrew.” (142)
iii “Remember that I have power... I can make you so wretched that the light
of day will be hateful to you. You are my creator, but I am your master; -obey!” (143)
iv “You can blast my bother passions; but revenge remains... first you... shall
curse the sun that gazes on your misery. Beware; for I am fearless... I will
watch with the wiliness of a snake, that I may sting with its venom.” (143)
v
“It instantly darted into my mind that the murderer had come to mock at
my misery, and taunt me with the death of Clerval.” (153)
4 Elizabeth Lavenza: 1st degree murder
a
Elizabeth is dead.
i
b
She was killed by the Creature by suffocation, his method of killing.
i
c
“The murderous mark of the fiend’s grasp was on her neck” (166).
The murder was premeditated.
i
d
“The breath had ceased to issue from her lips” (166).
“‘I shall be with you on your wedding-night’” (143).
The murder was committed with malice.
i
“‘You can blast my other passions; but revenge remains--revenge,
henceforth dearer than light or food!’” (143).
5 The State can refute the defense’s arguments with solid support.
a
The State refutes the defense’s claim of insanity for the Creature.
i
The creature knows his own strength and chooses not to use it to kill,
meaning he understands the power he holds and can choose specifically
how to use it (115).
b
The Creature cannot be considered incompetent.
i
He took care of himself for many years without a guardian. He was able to
find food, water, shelter, and warmth without the help of anyone.
ii Furthermore, he even taught himself how to speak and read, which shows
that he is capable to thinking and learning.
1
“‘By great application, however, and after having remained during
the space of several revolutions of the moon in my hovel, I
discovered the names that were given to some of the most familiar
objects of discourse’” (94).
2
“‘While I improved in speech, I also learned the science of letters’”
(101).
iii The Creature is capable of learning from his actions.
1
“‘In my joy I thrust my hand into the live embers, but quickly drew
it out again with a cry of pain...I examined the materials of the fire,
and to my joy found it to be composed of wood. I quickly collected
some branches; but they were wet, and would not burn...The wet
wood which I had placed near the heat dried, and itself became
inflamed...I discovered the cause, and busied myself in collecting a
great quantity of wood, that I might dry it, and have a plentiful
supply of fire’” (88).
c
The Creature is human.
i
The Creature is composed of all human body parts.
1
“Although I possessed the capacity of bestowing animation, yet to
prepare a frame for the reception of it, with all its intricacies of
fibres, muscles, and veins, still remained a work of inconceivable
difficulty and labour” (43).
ii The Creature follows the semblance of a “human” life.
1
“‘I...satisfied myself with berries, nuts, and roots, which I gathered
from a neighbouring wood...I often took his tools, the use of which
I quickly discovered, and brought home firing sufficient for the
consumption of several days’” (94).
iii The Creatures has the feelings and morals of a human being.
1
“‘These were the reflections of my hours of despondency and
solitude; but when I contemplated the virtues of the cottagers, their
amiable and benevolent dispositions, I persuaded myself that when
they should become acquainted with my personal deformity. Could
they turn from their door one, however monstrous, who solicited
their compassion and friendship?’” (111).
d
The State refutes the defense’s argument that this story cannot be trusted based on
who was narrating.
i
There is no proof that the narrator is not a trustworthy source.
1
Story is told through Walton’s letters at the beginning and end.
Why would he lie to a loved one?
2
Story is told by Victor Frankenstein in the middle and it has to be
from his point of view because he’s the only one involved in every
event.
Works Cited
"Crimes and Offenses - 18 Pa. Cons. Stat." Onecle. Onecle, 22 Nov. 2007. Web. 21 Mar. 2013.
<http://law.onecle.com/pennsylvania/crimes-and-offenses/index.html>.
Shelley, Mary W. Frankenstein. Clayton: Prestwick House, 2005. Print.