Jantzi (1982)
The case was appealed by the defendant after facing trial for assault in the second degree. In the testimony of the defendant, he was asked to accompany Diane Anderson, who then lived in the same house as the defendant and other people too. The house belonged to the estranged husband of Anderson, Mr. Rex. Rex was present at the time, and as he engaged in a chat with Anderson, the defendant participated in the destruction of Rex’s car.
On realizing this, Rex got out of the house and went after the defendant, who ran down a narrow path. The defendant in an attempt to hide from Rex jumped into the bushes nearby while still holding his knife believing that he could not see him. Rex followed him, rolling over the defendant with his knife pointing at Rex. He was stabbed. The defendant indicated that he did not remember making back and forth movement using the knife toward Rex and thus did not intend to stab Rex. He was then charged with unlawfully and knowingly causing physical injury to Rex Anderson by means of a deadly weapon. The knife was the deadly weapon.
According to the Oregon assault statute, what constitutes mental illness includes, intentionally or knowingly causing physical injury to another person by means of a deadly or dangerous weapon. The statute goes further to define knowingly as; with knowledge- meaning that a person acts with awareness that his conduct is of a nature or that a circumstances so described exist.
Under the formulation of the Model Penal Code, “knowingly” is put to be synonymous with “intentionally”. This is to mean achieves a given result knowingly when he is certain in the practical sense that the conduct he engages in will result into the particular result. This was meant to give the prosecution a simple way to prove his case as the two words would henceforth suffice.
In my opinion, the defendant could have not assaulted his victim for the reason that while participating in the destruction of the truck, he used the knife that committed the assault. As Anderson approached he ran away while carrying the knife. In any case he had the mental culpability to do the assault; he would have not run away but would have assaulted Anderson on the spot. Besides, even though he knew the knife was dangerous, he could have not foreseen Anderson jumping over him where he hid while carrying the knife. The defendant could have acted recklessly but not knowingly because he disregarded the dangers that could be involved in using the knife during this chase between him and Anderson.
People v. Goetz (1986) 1. Give an overview of the case. The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Canty, Darryl Cabey, James Ramseur and Barry Allen were riding the subway train; two of the youths had screwdrivers hidden on their person, later admitting the intention of using these
Criminal Law Title and Citation The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (Wermeil) Type of Action It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court in 2013. Currently, the U.S. Fifth Circuit of Appeals is addressing the issues presented by the Supreme Court. As compensation, the plaintiffs are seeking out: monetary damages, a change in the
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Here, Y was 13 years old when she had intercourse with D, a 25-year-old man. D is guilty of statutory rape, thus D. is incorrect. The answer would only be different if the state's law allowed for intercourse with a 15-year-old. 2. False imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right
However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first
Criminal Law and Psychopathy I. Introduction Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The