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Sociological approaches to intimate violence
Sociological approaches to intimate violence
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The Assault of the Delivery Man Regina vs. Mattachioni is a case of assault causing bodily harm. This is a criminal law issue which was dealt with and ruled over by Justice De Filippis. Mr. Mattachioni violated section 267 of the Criminal Code when he punched the complainant Mr. Michael Humphrey. The two men had begun arguing after a parking in an invalid spot.
Rusk appealed the decision saying to be convicted of rape, he would have had to have used force or or without the consent of the victim which he said none of those things happened. The appellate court found not enough evidence to prove Pat was a victim of rape and overturned the conviction. The prosecutor then appealed that decision by the court and was sent to the Maryland Supreme Court. The Supreme Court found that threats of force need not be made in an particular manner in order to put a person in fear of bodily harm (Brody and Acker, 2010). One of the judges even emphasized the absence of “force, or violence, or anything that would lead you to believe that this act was done against somebody’s will or consent (Suk, 2012).
You, the jury, can fill in the end of that sentence. He is tollable “cept when he’s not drunk and beating and raping his daughter”. The defense is going to say the attack traumatized her. She was so scared she just doesn’t remember. She may not remember some details of the attack, but getting punched in the face, you would remember.
She also says that “every time he came home, I was afraid there would be a beating” and that “he beat [her] at least once a week, although sometimes often more than that”. This shows the commonness and regularity of the abuse. Although it could be helpful to show the jury the severity of the abuse, I would not pressure her to discuss it because it’s likely uncomfortable for her and she would obviously not want to talk about her abuse to strangers. She also can provide another element to battered woman syndrome in that Mr. Stephens would force isolation between Ms. Stephens and her family and friends. In her affidavit she explains that Mr. Stephens would not allow her to have anything to do with her family and even put a lock on the phone to prevent her from calling them.
Emma Hodges Topic 2A Defense of Mr. Smith While Mr. Smith is accused of assault, we can see that this is not true when we examine the precedent set in State v. Black. To examine both cases it is important to first know the circumstances of each. In State v. Black, the wife started a fight in which the husband, after much provocation, dragged her to the floor by her hair. In Mr. Smith’s case, his wife initiated an argument, within earshot of the couple’s eight-year-old child and a neighbor’s child, over the family’s finances and her husband’s drinking. Mr. Smith, overwhelmed by his wife’s screaming, threatened to hit her unless she stopped.
In the case of Judy Norman should have been acquitted based on self-defense rather than being convicted of voluntary manslaughter. According to defense psychologist, Judy had been tortured, degraded, and reduced to an animal level of existence. Since her husband had abused her for twenty years physically assaulting her, burning her with cigarettes, forcing her into prostitution, and forcing her to eat dog food off the floor. Judy’s first resort was not to kill her husband, first, she contacted police after a horrible beating, but was so deep in a cycle of fear she did not press charges on her husband. For police officers to be first responders to domestic violence calls they should be trained to know the signs of domestic abuse, and the cycle
History of this case: The accused, Ms. Angelique Lyn Lavalee was in common law relationship with victim, Kevin Rust, for around 3-4 years between years 1983-1986. Their relationship was marred with violence, domestic physical intimidation, abuse and instances of woman-battering of Angelique at the hands of her abusive and brutal partner, Rust. Things took such a violent turn that it is alleged that Lavalee feared for her very life and safety at the hands of her stronger, abusive and violent partner, Rust, who threatened and humiliated her off and on, both mentally and physically and which also required numerous hospitalization visits for the accused on several occasions for treatment and medication for wounds inflicted on her by her abusive
But this line of reasoning does open a number of uncomfortable questions. How could she have defended herself? Is it reasonable to ask her to wait for her to threaten her life and then act in a way that could have seen her killed? How can we prevent these situations in the future? There are no easy answers to any of these questions, and often these issues need to be looked at in a case by case biases.
After further review of this case we see that Mr. Rico Gray (the estranged husband) was the criminal and not Ms. Alexander. In the moment of the incident, I do not believe that Ms. Alexander acted rational or was logic but acted out of fear and weariness. Her actions where the result of wanting to survive and she this is a classic case of someone who has been abused fighting back. People who are exposed to domestic violence often experience physical, mental or spiritual shifts that can endure and worsen if they are not
Through her own traumatizing personal experiences, Jennifer Thompson has the profound experience to advocate against the strength of eyewitness testimony. As found in her case, the eyewitness testimony that she gave against Ronald Cotton, the accused rapist, was most likely the piece of evidence that put him behind bars. Thompson was a college student with a 4.0 GPA who studied the face of her attacker in order to identify him to the police. She prepared for the identification. She was the perfect eyewitness.
So far, the prosecution’s only potential motive is that Mrs. Wright was fed up with her marriage and lashed out against her husband, which of course is a preposterous assumption, considering that there are no corroborating testimonies suggesting that Mrs. Wright was unhappy in her relationship, let alone any testimonies suggesting she was even capable of committing such a heinous act. Nevertheless, I ask that you yield to these facts and let them weigh on you in their entirety, before succumbing to the prosecution’s tactics of circumstance. All elements of the first-degree murder charge cannot be proven in this trial; therefore, the defendant must be acquitted of all wrongdoing. Model Penal Code section 1.12 states that: “No person may be convicted of an offense unless each element of such offense is proven beyond a reasonable doubt” (Robinson 204). Without any evidence of premeditation, or an eye witness to the actual murder, or most importantly, the lack of a confession from the defendant herself, should solidify my client’s innocence, and furthermore, should excuse her of all culpability beyond a reasonable
Fact Pattern Extra Credit Connie: - Had subjective fear - Self-defense - Vernon: - Attempted simple rape - Battery - Kidnapping (asportation) Vernon may try to argue that Connie had attempted voluntary manslaughter because of him having to be hospitalized due to a hard blow to the head but according to adequate provocation Connie could have countered that by saying Vernon’s actions strongly provoked her to act. Also she could use the self-defense claim because of the acts that happened before it got to the point in which she had to hit him. Connie may also try to claim that she went to go get her gun and shot him due to a “heat of passion” killing but that wouldn’t apply because she was able to get herself together and leave the room in
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.
Ladies and gentlemen of the jury, today you will hear my argument on why Verna should not be convicted of murder. It all starts during Vernas childhood. She faced a great deal of traumatic events that affected her social and emotional development. As an adolescent's you have an increase in brain development, when suffering a trauma it causes major structural components of the central nervous system that can stunt or change your emotional and social behaviors. When Verna was going through development she faced a lot of trauma, her father left as a young child, she was raped, she got pregnant, she was sent away from her home, she lost her baby and her ability to have kids.
Thud, the sound of her mothers body crashing against the bedroom wall. Her piercing scream resonates through the house. Her daughter hears everything, every slap, every punch, every moan and sits, huddled in the corner of her room just waiting for the abuse to stop. Domestic violence does not only effect the victim but also the people around them. What if this was you or your mother?
