Blake Gibson will unlikely be found guilty of trespassing because her decision to jump through a window for her safety outweighed the harm that would of occurred if she stayed in the public eye. Under Massachusetts’s law, the defendant must show that the harm sought to be avoided far exceeds the harm resulting from the crime committed. Commonwealth v. Hutchins, 575 N.E.2d 741, 743 (Mass. 1991). Once this is proven, defendant can inquire a defense necessity claim. A defense of necessity exonerates one who commits a crime under the pressure of circumstance if they present some evidence on four underlying conditions of the defense. Commonwealth v. Magadini, 52 N.E.3d 1041, 1047 (Mass. 2016). One, a clear and imminent danger. Id. Two, a …show more content…
Hutchins, 575 Mass. at 744. This means there may be circumstances where the value protected by the law is, as a matter of public policy, is eclipsed by a superseding value, which makes it inappropriate and unjust to apply the usual crime rule. Id. In the absence of clear and specific contrary statutory expression, the court would not frustrate legislative intent in a Thurber-type situation by recognizing a necessity defense. Id. In Hutchins, the court cites Commonwealth v. Thurber, where the defendant escaped from prison because his life was in imminent danger. The court in Thurber held that, an escape from prison might be excused, if the escape was accomplished without violence, and the prisoner reports to the authorities after attaining a position of safety from the imminent threat. Id. They reached this decision from weighting the competing harms and found that the extent of public harm likely to attend a peaceful escape from prison would be minimal compared to the likely harm to the prisoner if he were to comply with the law. Id. In Hutchins, a Thurber-type situation did not apply because the competing harms conflicted with public policy. The defendant in Hutchins was diagnosed with scleroderma and after no effective treatment or cure available; defendant used marihuana to alleviate some symptoms. Hutchins, 575 Mass. at 742. Unlike the prisoner in Thurber, the court in Hutchins held, “the alleviation … would not clearly and significantly outweigh
Among other charges, the plaintiff alleges battery or trespass as one of the offenses committed by the defendant. The question now becomes what constitutes a charge of battery and or trespass and does this embody any of the elements or circumstances that may apply to this particular case. According to criminal law, a battery is defined as both a tort and a crime, and involves the unlawful or unwanted physical contact of another person. This is supported by the reading, “Battery is the actual touching” (Showalter, 2017, pg.127). A trespass to person is any act that excites an apprehension of battery. This is supported by the text, “Trespass to the person is a tort which involves wrongs being done to an individual” (Trespass to the person,
We are so accustomed to waking up every day without a care in the world. We can basically go wherever we like, eat wherever we like, sit wherever we like, and not have to worry about another person controlling our every move (unless it’s our parents of course)! Imagine a time, not too long ago, when just because of the color of your skin, you had an “owner” and were treated as a piece of property, instead of another human being. A time where you couldn’t go into certain places, sit in certain areas, let alone use the restroom, unless it was in a designated place for your particular skin color. You weren’t labeled as people, but as black or white. Dred Scott was born a slave in Virginia and had to face these hardships his whole entire life. When he finally walked on to free soil where slavery was prohibited, he stayed and chose to still be with his owner. Once his owner died, he and his wife decided to sue for their freedom. Little did they know, that the rules only applied to certain people when they wanted them to.
Sanctions are only appealed to in the event that there is a breach. It therefore follows that the opinion of Hart is that various form of law cannot be explained in a single expression as orders backed with threats of sanction. Thus, in contradiction with Austin’s viewpoint, Hart formulated a dual system which contains two types of rules, primary rules (duty-imposing) and secondary rules (power-conferring). Primary rules are generally duty-imposing, which embodies non-optional rules of obligation. It often concerned with standard of behavior as requirement to do or to abstain from performing an act. On the other hand, secondary rules are ancillary to primary rules the former conferring right to introduce, to vary the primary rules and to determine the mode in which their violation could be determined (judicial process). Such secondary rules are rather regulatory or facilitative than coercive in nature. In short, Austin’s catch all theory of seeing law as command back with sanction leave no room for right, privileges given to subject of Sovereignty which does not constitute non optional
What alternatives are available to Brent in regards to the audit of payables? What are the pros and cons of each alternative?
The parties in this case study were the family of Jeremy Knoke and South Carolina Department of Parks and Recreation. July 5, 1991, 12 year old Jeremy Knoke died while sleeping in a cabin at Cherew State Park. He was staying at the park’s group camp facility as a guest of Berea First Baptist Church which had leased the facility from the park and recreation department. There were five boys asleep in the cabin when a fire broke out due to an electrical fan Jeremy brought with him from home. The other boy’s were able to escape the cabin quickly but Jeremy did not. His body was found on the bed next to his own as if he tried to escape but was unable to do so. The cause of death in this case was asphyxiation from smoke inhalation. The estate of
According to the above petition filed on January 5, 2017, by Officer K. A. Tennyson, the following occurred at Deep Creek High School (2900 Margaret Booker Drive) in the city of Chesapeake, Virginia.
I am writing this letter to lodge an investigation of Jarrett Dohogne, I feel that I have been given unfair treatment versus my peers either because of my race or personal feelings of me. Although Jarrett Dohogne has been commonly nice during face to face meetings, he has repeatedly ignored my customer’s jobs or left them half completed or not completed to company standards this has not only cost me multiple customers but has also negatively impacted the company’s reputation. I have requested that my supervisor, Russ look into these issues and I have also asked Tyler Qualls to inspect my completed sales neither solutions have prevented further problems. I have exhausted all alternative avenues to resolve this issue and am therefore requesting
Background checks were completed for Daniel Abbott and Elizabeth Ruyle. Daniel Abbott was negative for CANTS (12/8/2015). FBI (12/8/2015) and Illinois State Police (12/8/2015) were positive. Mr. Abbot was arrested on 08/05/2001 for driving under the influence of alochol. He was charged with a DUI. He plead guilty, paid the fines, and attended six classes. Mr. Abbott was clear with records for his fostercare license under his name. Mr. Abbot no longer drinks. Inquiries into the National Sex Offender Registry (1/22/2016) and the Illinois Sex Offender Registry on (1/21/2015) revealed no offenses for Daniel Abbot. Elizabeth Ruyle was negative for CANTS (12/8/2015). FBI (12/8/2015) and Illinois State Police (12/3/2015) were positive. Ms. Ruyle
The case study of The Thompson family presented in Chapter 10 of our textbook, “Essentials of Human Behavior” delivers a scenario that many individuals longing to become parents are faced with in life. As the wife of a retired military Staff Sergeant, this case study is a reminder of my experience of my husband’s two deployments to Iraq. The Life course perspective gives an outline of how people’s lives are shaped by different life events that we have abso1utely no control over and the also the challenges associated with managing the stressors of life. In this case study I will analyze the challenges that Will and Felicia Thompson are faced with in their transition of parenthood.
In State of Oregon v. Kipland Kinkel, Judge Haselton summarizes the decision to deny Kinkel’s appeal of his sentencing. Kinkel was sentenced by the Lower Court to 111 years and 8 months for the confession of 4 murders and 25 accounts of attempted murder. Several medical personal and parents testified against Kinkel at the hearing stating that, “he is and remains dangerous,” (para. 15). The defense’s grounds for appeal consist of the sentencing being cruel and unusual and that the protection of society was considered more than reformation. The higher court denied it was cruel and unusual because it did not shock the conscience. The presiding judge also denied that reformation was of higher significance than the protection of society because there were multiple victims affected in a public setting.
Lucius Isaiah Gibson IV, age 16, was arrested Tuesday, July 12, 2016, on the allegation that he committed sexual assault on a 3 year old girl at the home day care center known as “Jacque's Teddy Bear Child Care,” ran by his mother (Alani, 2016). The home day care facility is located at 1538 Amaryllis Court in the Thousand Oaks East Subdivision (Alani, 2016). On June 9th detectives first interviewed the 3-year-old victim, who name is not mentioned (Alani, 2016). According to the police report, the girl stated to the officers that, Gibson went into the “nap room” and assaulted her several times (Alani, 2016). Gibson’s argument to the arresting officers was that he did “expose himself in front of the children,” however, he denies touching or
The Dred Scott had a major impact on the blacks during the period of the middle 1800s. The decision had affected Scott by showcasing he is still a slave, so therefore no correct way to file a lawsuit in the United States (ecision, 1800). Scott acknowledged that the Missouri Compromise, was a success for the individuals who live in the South. The Missouri Compromise decision was a breakthrough case that drew a straight line of the government that stood on the problems of slavery. The Dred Scott case became a crucial argument that gave the supreme court power of the property and, supported the idea of slavery.
In the case of Conrad Jarrett I would envision utilizing two frontline treatment options in order to reduce the client’s symptoms of Posttraumatic Stress Disorder (PTSD). Bryant (2008) designed a treatment protocol that combines the use of cognitive restructuring and exposure therapy. Utilizing both of these therapies within structured individual sessions would allow a reduction in negative cognitions (e.g., feelings of guilt and shame) should these feelings intensify during exposure. My concern stems from the patient’s previous attempt at suicide and my desire to provide Conrad with some tools to combat his negative thoughts increasing the likelihood that he will remain unharmed and in therapy through the duration of treatment.
Exigent circumstances is one of the few exceptions accepted by the courts that would override somebody’s fourth amendment right. Over the years through the case laws, some situations have become more prominent to be considered “exigent” than others. The following scenario will show a situation where one of this circumstances might apply to subsequently argument about the reasoning and the legality behind the application of the exception in said scenario.
I believe that it´s the same offender in the Parkinson case and the Johnson case, which is making the offender a serial killer because he has killed 3 people and it has been over a period over 30 days. By looking at different serial killer typologies my firm belief is that this offender will fall into the lust serial killer typology. I concluded this by firstly looking if the crimes were act-focused kills or process kills, I concluded it was process kills because the offender had taken the time to abduct both Parkinson and Johnson and didn 't just kill them right away like an act-focused killer would do. With the offender being a process killer he could only be organized as well because process killers cannot be disorganized. The offender would either be a lust killer, power-control killer or a thrill killer. I concluded that the offender in this case would not be a thrill serial killer, since this kind of murderer gets off my seeing his victims suffering, which is the most important factor for this type of offender. In the Parkinson and Johnson murders there were no signs of torture on the victims bodies and therefore I do not believe that this offender would be a thrill serial killer.