People Vs Fernandez Case Study

On the night of January 24, 2009, Ms. Paz de Noboa was waiting outside in line to enter The Zone nightclub, an underage nightclub in Portland, Oregon (Memo in Opp, Exhibit B, Police Report, pp 25-29 of 29) (ER 4, Second Amended Complaint). As she waited to get into the nightclub, Erik Ayala approached the line and shot Ms. Paz de Noboa twice. Id. The injuries were fatal and Ms. Paz de Noboa died shortly thereafter. Id.

This case People v. Kibbe (1974), it is a hard one to decide what is the factual cause of the victim death. Based on the judicial opinion and facts of these scenes, is that there’s many factors that we can include to the victim dead. First fact that we can see in this case that could be the purpose of the death is the alcohol intoxication that Stafford had. Showing sings of no control of him self when he has at the highway before a truck hits him and kills him after he was rube by Kibbe and leaves him in the highway. Another legal purpose that causes the victims death is when Kibbe and the others commit a robbery, in the second degree, grand larceny in third degree and murder. Adding to these they leave him in the freeway with no clothes, shoes,

Attorney-General's Reference (No.3 of 1994) [1997] HL D stabbed his pregnant girlfriend V in the abdomen; she gave birth prematurely, and the baby B died some four months later as a result of its immaturity. This is transferred malice as D did not want to harm the baby but through his actions the baby came to harm

Your honor, I respectfully request that you find the defendant, Jamie Hayes, guilty of voluntary manslaughter. As you can see from our witness’s testimony, we have shown beyond a reasonable doubt that Jamie Hayes, is indeed guilty of manslaughter. Our first witness, Lou Williams, head of campus security, explained the specific details of every incident involving the track team and campus security. Alongside this, Lou Williams also told us that the security department was well trained and prepared for any incident that was to occur. All security officers were licensed to carry firearms and to use them if necessary. Furthermore, she stated that they hired Lee Valdez based off his respectable credentials and that he was a great officer to work with. During Valdez’s time, recent events involving police brutality raised some serious concerns amongst many of the students at CCU. Since then, the students have held two rallies on excessive use of force by law enforcement, and with this, the security department has noticed a change in the students’ attitudes towards authority. In response to this, Lou Williams conducted monthly training meetings with her staff on how to deescalate tense situations. Despite what defense may say otherwise, Campus Security did have a procedure that was followed on the night of the incident on May 15, 2014.

On the night of October 3, 1974 at 10:45pm Memphis police officer was dispatched to answer a burglary call. The call was from next door, and the police officers that answered the call was Leslie Wright and Elton Hymon. Officer Hymon went behind the house as the other officer radioed back to the station. The officer witness someone running across the yard. Edward Garner was the fleeing suspect. Garner stopped at the fence. Hymon used a flashlight, and he saw Hymon face, and hands. Hymon was sure that Garner was unarmed.The police testified that Garner was 17 or 18, but he was only in fact 15. Garner begin to climb the fence even though police had told him to stop. Hymon shot Garner because he believed Garner would flee if he did not. Garner was shot in the back and he died. The only thing he took was ten dollars and a purse, I think he would have took more if he had time to find more. Deadly force against a fleeing suspect is authorized under Tennessee State Statute

On Saturday September 3rd. 2016 at around 9:30 PM, Albert Schaper of North Bergen, New Jersey, was fatally shot in the chest on the Van Wyck Expressway and Jamaica Avenue. According to DA Richard Brown, 28-year-old Elvin Hernandez of Queens Jamaica fired multiple shots at the car in which Albert Schaper was sitting in. Another member of the car was shot in his arm. Both men were taken to Jamaica Hospital where Schaper was pronounced dead and the second man released in stable condition. It is suspected that the shooting was gang related. Elvin Hernandez was charged with second degree murder, first and second degree assault, second degree criminal possession of a weapon, first degree reckless endangerment and tampering with

On February 12, 1909, the NAACP, National Association for the Advancement of Colored People, was founded. The NAACP was founded in response to the 1908 race riot in Springfield, Illinois and the terrible practice known as lynching. Their goal was to secure the rights, for all people, guaranteed to people in the 13th, 14th, and 15th Amendments in the United States Constitution. Even though some of the most important wins in court happened when Charles Hamilton Houston was the leader, his student, Thurgood Marshall, won some important ones too ("NAACP Legal History", NAACP.org). This essay is going to focus on some of the court cases that were fought when Marshall was in charge ( Janken, Kenneth R. "The Civil Rights Movement: 1919-1960s")

To compare to the Rodney King beating, a New York 22 year old resident born in West Africa, was shot at 42 times by four New York City uncover police officers. Unfortunately, 19 of those bullets hit Amadou Diallo killing him. Diallo was returning home in the Bronx, from his job in Manhattan. From his doorway the four police officers open fire when Diallo went to get his wallet out of his back pocket. The officers believed he was pulling out a gun. All four officers, who were in plainclothes, said they approached Mr. Diallo because they thought he fit the description of a man wanted in a rape case. The officers faced prosecution on second-degree murder and other charges but were acquitted by a jury in Albany. The trial had been moved because of concerns over pretrial publicity. (Buckley, 5)

On September 20th, 2016 Kenneth Lamont Scott, a Charlotte, North Carolina resident was shot and killed by members of the Charlotte Police Department. According to the Charlotte Police Department, officers were at Scott’s apartment complex searching for someone unrelated to Scott on an outstanding arrest warrant. Officers observed Scott exit a vehicle in the parking lot carrying a handgun. According to police reports, Scott failed to comply with orders to drop the weapon and was shot and killed by police. During the confrontation, Scott’s wife was present and recorded the encounter on her cell phone. Scott’s wife claimed that he was sitting in his car reading a book and that he

The police came to stop a burglary after a woman reported that she heard the sound of a window being busted nextdoor. A police officer named Hymon went to the back of the house to find a fifteen year old boy named Eugene Garner next to the fence. When the officer had seen the boy, Garner attempted to jump over the fence. Officer Hymon then yelled for him to stop but Garner ignored him and continued to climb over the fence. The police officer then shot the kid even though he did not have a weapon or pose any real threat. The bullet hit him in the back of the head and Garner died shortly after in the hospital. The victim's father believed that the victim's constitutional rights were violated due to the fact that Garner was unarmed and officer Hymon knew that he was not carrying a weapon.

Jerry Hargrave, plaintiff, was convicted of the attempted murder of Shirley Mae Gill (the victim), in a trial by the court under Va. Code. 1950 § 18.2-51. The plaintiff and Ms. Gill, his common-law wife, had been drinking in the earlier part of the day in question. Sometime later, they disputed about the plaintiff moving out of the home they shared to begin a relationship with her sister. At which time victim refused to surrender the plaintiff’s property. Following, the plaintiff left the premises, returning shortly after with a rifle in hand standing 10 feet away from victim, and then shooting a bullet into a washing machine that was three feet way from the victim. The plaintiff was sentenced to a term of 4 years in the State penitentiary.

The Acting District Attorney Gonzalez stated "that they believe that the perpetrator was waiting outside the house of the victim, attacked him and shot him in cold blood. This is was a pre-planned, mindless murder and he intends to litigate this crime to fullest extent of the law"

People v. Booker, 53 A.D.3d 697, 703 (3d Dep’t 2008). The defendant assisted a friend, Hoffer, in acquiring the necessary materials to murder the victim. Acquiring a TRAC phone to lure the victim, a gun and bullets for Hoffer. Later on, Hoffer asked the defendant if the defendant could hide the remaining bullets for Hoffer. Id. at 702. He was assisting Hoffer in many different ways for crack cocaine, which the court ruled as viable for pecuniary compensation. Id. at 698. The evidence was considered legally sufficient to satisfy the element of intent for both murder and conspiracy charges. Even with the defendant’s testimony claiming that he was only helping for the crack cocaine. The intent was inferred from the circumstance. Id. The court agrees that they can reasonably infer from the evidence and testimony that the defendant is guilty.

While reading through the CNN news website I came across a tragic news story about a young teenager named Jesse James Romeo who was being shot at and killed by an officer after shooting at another officer earlier this week in LA. The suspicion of a gang related vandalism led up to Jesse’s horrible death. As LA officers were investigating the vandalism call, they encountered 2 suspects who fled the scene after being caught. One of the suspects was identified as Jesse J. Romero and was pronounced dead. LAPD Deputy Chief Robert Arcos stated that a nearby witness said that they saw the suspect with a handgun and shooting the weapon “in the direction of the pursing officers”. The mother of Jesse however is stating that her son was never a delinquent

When reading this case you have to take it back to the abuse of human rights and how to properly proceed the evidence that will allow the violators to be accountable for their actions. The story clearly analyzes on how the shooting in New Orleans on the Danziger Bridge in 2005 occurred. At this time it was during the wake of Hurricane Katrina were two victims were killed and four others were injured ((Bohm & Haley, 2014) when crossing the Danziger bridge these six bystanders were killed and injured by the hands of a police officer's. However, these officers failed to mention the use of deadly force against six unarmed citizens. Arthur Kaufman was among one of the officers that made the attempt to cover up the crime (Bohm & Haley, 2014)