In 1875, John Smith was unjustly arrested for an assault charge placed against him by his wife and the mother of his children. It began with a standard marital argument that included subjects such finances, the husbands sporadic work schedule and the wife’s claim that the John Smith’s drinking only made their problems worse. Mr. Smith told his wife that “he had not been drinking and that if (she) did not shut up that he would hit her”(Smith). Mrs. Smith continued to shout at her husband, all the while being in front of their child and the neighbors child. Mr. Smith then proceeded to walk over to a pile of kindling wood and a picked a piece about (roughly two inches in diameter) and then proceeded to walk back over to his wife with the piece …show more content…
Based on the precedents set by cases that came before it, the court should have absolutely no choice but to dismiss the assault charge against Mr. Smith because no permanent injury was inflicted- or intended- upon his wife, Mr. Smith has the duty of disciplining his wife when she is unruly, and the precedent set forth by many previous cases indicate that domestic issues should be left to the family government. This case should be dismissed before going to court because no permanent damage was inflicted upon Mr. Smith’s wife and there is no evidence to suggest he intended to inflict any permanent injury. There are several past cases that justify dismissal in these grounds, including Joyner Vs. Joyner, State Vs. Black, and State Vs. Rhodes. Joyner Vs. Joyner was an 1862 divorce case where the wife claimed that her husband- who was of a lower social class than her- had hit her with a horse whip on at least one occasion and hit her with a switch on several occasions. She was not granted the divorce on several different factors with one of them being that unless the jury could find that-from the evidence- any permanent injury was inflicted upon the wife or that the striking in its nature was meant to inflict any serious
In this case due to the very general nature of the battered woman syndrome given from the expert and Heather there was no error in the directions given to the jury. 3. Significance This particular case is quite significant as it raised a fair bit of awareness about domestic violence and violence against women. The use of ‘the battered woman syndrome’ as a defense linked to self-defense, and the publicity surrounding the case meant that the general Australian public was exposed to the issue. As a result of the case, a feminist activist group called “The Release Heather Osland Group” fought for the emancipation of Heather, any other women in a similar situation to her and a change in legislation making ‘the battered woman syndrome’ an legal defense.
In 1986, the U.S. supreme court ruled to uphold the constitutionality of a Georgia sodomy law criminalizing anal and oral sex in private between consenting adults, marking a legal precedent allowing individual states to freely enforce sodomy statutes of their own. This supreme court case, Bowers v. Hardwick, began when Michael Hardwick was found by police having oral sex with another man when they entered his home. Hardwick was charged with sodomy, a felony in Georgia. A preliminary hearing was held with Hardwick, as a self-described practicing homosexual, asserting that the anti-sodomy statute placed him in imminent danger of arrest. He filed suit in Federal District Court, arguing the statute was unconstitutional.
The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.
Russo had alleged that White had intentionally inflicted emotional distress upon her when, after she dated him one time, he called her hundreds of times and hung-up the phone when she answered. She even alleged that he knew when she was inside the house or not. The court decides that “it was more than reasonable for her to feel that White was likely to escalate the matter to the point of violence”. Id. The court agrees with the plaintiff and assume, without deciding, that defendant 's conduct rose to the level of outrageousness required to support the cause of action even if the court held that there was no intentional infliction of emotional
People v. Smith, 437 Mich 293, 470 NW2D 70, 78 (1991) addresses public policy conflicts and balance as it relates to the juvenile justice process (Elrod & Ryder, 2014). The issue presented in People v. Smith (1991) by the Supreme Court of Michigan is whether the inclusion in the presentence investigative report of an expunged juvenile record, in this case of defendant, Ricky Franklin Smith, requires, under MCR 5.913, presently MCR 5.925(E), that Smith be resentenced (People v. Smith, 1991). The issue involved was that Smith argued that he should be resentenced due to the inclusion of the pre-sentence investigative report of his previously expunged juvenile record. In People v. Smith (1991), it is stated that, “The purpose of the court rule,
United States v. Lopez was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution. The issue of the case was that It exceeded to the power of Congress which had no say over it because the case had nothing to do with commerce or any sort of economic activity. The case United States v. Lopez involved Alfonzo Lopez Jr., Supreme Court Justice William H. Rehnquist, and Congress. Unites States v. Lopez was about a 12th grader named
Detective Dana Hughes, Metropolitan Police Department- I would not want to put Detective Dana Hughes on the stand. Often times it’s valuable to have the responding officer who at first hand witnessed the crime scene, although Hughes seems more like a bias hazard. It’s clear she has a bias to battered woman syndrome when in her affidavit she says, “it’s just a new excuse for committing murder. She never said anything about being beaten to me.
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
The simple assault “conduct” by Kraus did cause “bodily injury” which is not considered too trivial. In New Jersey v. Bazin. examples of de minimis infractions are cited. New Jersey v. Bazin.
The event that took place over two hundred years ago, but still has an effect in our government today is the Marbury v. Madison court case. This supreme court case is considered to be one of the most important milestones in history because of how it played out. Now, all three branches of the United States government have an equal role to each other. Although Chief Justice John Marshall did not want to rule against William Marbury receiving his commission for his position as a justice of the peace, he did so to establish judicial review, the element that was missing in the system of checks and balances. It all began when Thomas Jefferson of the Democratic-Republican party defeated John Adams of the Federalists in the election of 1800.
Ladies and gentlemen of the jury, you are here because one person in this courtroom decided to take law into her own hands. The defendant, Mrs. Dominique Stephens, murdered the man that she vowed to love. This sole act by the defendant is violation of all morals and her husband’s right to live. Afterwards, she even felt guilty about this violation of justice and called the cops on herself, and she later signed a written statement stating that she is guilty of the murder of Mr. Donovan Stephens. Then the defendant later recanted this statement and said that she only killed Mr. Stephens in self defense.
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
This is the case of a 64-year-old Winnipeg man named, Miloslav Kapsik. The crime occurred on March 21, 2010 at 12:04 am. Miloslav and his wife, Ludmila Kapsik, 59, were in middle of watching a hockey game, where he suddenly got up, walked to the storage room and grabbed a hammer and started beating his wife. Before he calmly called the police to confess what he had just committed, he cleaned the blood off his hands and face, changed his clothes and sat on the couch for nearly an hour and then called 911 to report “I hurt my wife, send the police”. He beat his wife a minimum of fifty seven hammer strikes to her skull, and a total of one hundred blunt force trauma wounds all over her body.
You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
I am here today to defend my client, Thomas Putnam, who has allegedly been sending his daughter, Ruth, out to falsely accuse neighbors of witchcraft. The reason, as declared by Giles Corey, is to buy off his convicted neighbor’s land in order to expand his estate. However, I am here to refute these inadequate claims with the clear and defined truth. Nevertheless, I will not claim that my client, Mr. Putnam, is a complete saint as he (and with numerous others) has his flaws. Yet, with Mr. Corey raising these erroneous claims, I will not stand here and let his faulty and inaccurate logic falsely persuade the jury.