ipl-logo

The Case Of Samuel V. Morgan

1077 Words5 Pages

This memorandum is written in response to your September 1, 2015 request for information regarding the case of Samuel V. Morgan. The analysis will show that Samuel is liable to pay the fine. Robert is a senior weight lifter and member of the Alpha Chapter, Beta Phi Gamma Fraternity, Inc. at Howard University. Although he is strong, he is extremely slow moving which forces him to limit himself to fighting with people who are considerably smaller than he. This causes Robert to be characterized as a bully. Morgan is a Carver Hall Resident Assistant at Howard University who is interested in joining the Alpha Chapter, Beta Phi Gamma Fraternity, Inc. He is un-athletic and small, weighing one hundred and fifteen pounds. Samuel is a wrestler at Howard …show more content…

This means the action is done on purpose, without permission, and there is no relationship between the two that allows one party the ability to physically touch the other. The facts reveal that Morgan turned completely around, aimed and drew his gun, and fired which means that he intended on shooting the victim. The facts do not show any evidence that Samuel agreed to be shot, which proves there was no consent from Samuel allowing Morgan to complete his action. Even though there was a relationship between Morgan and Robert, the intentional victim, they did not have a relationship that would make it acceptable for Morgan to shoot Robert. Furthermore, Morgan and Samuel did not have a relationship at all, which automatically makes the shooting of Samuel unprivileged. Hence, the harmful offensive touching is intentional, unconsented, and …show more content…

This means a person can engage in battery while physically protecting themselves, their family, or property from harm as long as they do not use any more force than necessary to prevent an assailant from harming him or her. It could be argued that Morgan acted in self-defense to what he thought was a danger to himself as a result of Robert’s threat from three nights before and the size of the threatening figure approaching him. However, at a distance of thirty yards behind him, it was difficult for him to confirm that the figure was Robert. Also, there is no proof that Samuel offered a verbal or physical threat to Morgan during the night of the shooting; therefore, Morgan did not need to defend himself against Samuel, or the huge figure. Since Samuel, or the huge figure, did not require Morgan to defend himself, the used of a gun as prevention from harm was more than

Show More
Related

Baker Vs. Carr: A Landmark Supreme Court Case

310 Words | 2 Pages

1962 marked the beginning of a new era for the South. Baker Vs. Carr, a landmark Supreme Court Case, determined that malappropriated state legislatures were unconstitutional. The Baker Decision resulted in an increase of legislators from urban districts. Rural legislators, who were once in complete control of state capitols, could no longer dominate legislatures in the South.

Read More

Can Issa Be Convicted Of Second-Degree Murder Summary

1930 Words | 8 Pages

I. Issue Can Issa be convicted of an intentional homicide under MCP §100 where she inflicted a non-fatal wound on her boyfriend who was then killed in a fatal accident on the way to the hospital? II. Rule Murder is the unlawful killing of a human being with malice aforethought. Murder can be elevated to first-degree murder if the prosecution can prove premeditation and deliberation.

Read More

Sophie Marsh Case Summary

1237 Words | 5 Pages

On the facts, the defendant lunged at Frank. There is a required immediate effect of the defendants act to cause contact with the plaintiff’s person however, the facts are unclear on whether contact was made. Elucidating this fact is necessary to establish a successful action in battery. If on no account contact was made to the plaintiff’s person, an action is assault may be established. To sue for assault the facts must maintain direct and either negligent or intentional cause for the plaintiff to apprehend imminent direct contact with themselves, affecting their purpose.

Read More

Code 412: Assignment

1589 Words | 7 Pages

Mr. Reese's statement says Joseph pushed him away. 5. The SRO's in their report say “He pushed Coach Reese off the student he was trying to restrain” 6. Why does Ms Khalilah King's Principal's Statement (Olivia packet) unequivically state Joseph came down the stairs and jumped on Mr. Reeses back? Joseph was coming from the 1100 Hallway.

Read More

What Is The Topic Selection George Zimmerman Case

885 Words | 4 Pages

There were different stories about the encounter; according to Zimmerman, Trayvon was the one that attacked him after he was returning to his car. Trayvon punched him in the nose, and he yelled for help, and it got to the point where Zimmerman felt he could not breathe; however, Jeantel stated Trayvon was the one yelling for Zimmerman to get off before the call ended. During the altercation, Zimmerman thought Trayvon was going for his firearm, so he "grabbed it immediately," saying, "I just pulled my firearm and shot him" (George Zimmerman trial). This case was tried as self-defense, and the jury found Zimmerman "not guilty of murder or manslaughter, but the jury agreed that Mr. Zimmerman could have been justified in shooting Mr. Martin because he feared great bodily

Read More

How Did Taukitoku Use The Affirmative Defense Of Self-Defense

593 Words | 3 Pages

In response to the injured party, a defendant can file affirmative defenses to mitigate, or to some extent, rationalize their actions. In the Taukitoku case specifically, Taukitoku used the affirmative defense of self-defense as a rationale for the shooting. Likewise, Taukitoku may have had impaired judgment after Jacob Snyder hit him with a shovel. Self-Defense In the chain of events, Taukitoku had pulled out his gun and pointed it at multiple individuals, including the owner of the home, Jacob Snyder.

Read More

The Closing Case Of Giles Corey V. Putnam

879 Words | 4 Pages

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.

Read More

George Zimmerman's Argument For The Murder Of Trayvon Martin

654 Words | 3 Pages

How far does self defense go? For the Florida man, George Zimmerman, it went as far as taking a life. Zimmerman was acquitted for the murder of Trayvon Martin causing many to become outraged. Oodles of protest were held, primarily by the African American community, for the issue of racial profiling, gun violence, and the way Zimmerman pursued Martin. Despite the controversy surrounding the case, the evidence shows that Zimmerman is, in fact, innocent.

Read More

The Case Of Sibyl Danforth Vs. The State Of Vermont

657 Words | 3 Pages

A system of law in America that we believe to find justice every time does it exists? Well many times we have seen suspects get away with a crime and the victims know what happened and justice wasn’t achieved. The court, in the case of Sibyl Danforth coming to court for manslaughter came to the proper conclusion and found justice in the trial of Sibyl Danforth vs. the State of Vermont. In some court room’s justice isn’t always found.

Read More

The Supreme Court Case Of Kirk L. Odom

1146 Words | 5 Pages

Kirk L. Odom, a convicted Washington D.C. man who served 22 years in prison, for a crime that Odom did not commit. Back in 1981, Kirk L. Odom was found guilty by a Supreme Court Judge, for the rape and robbery of a woman, in her apartment, in Washington D.C.. According to the Washington Post, since 2009 he is one of 5 of rape or murder convicts, that have been vacated based on erroneous forensics and testimony by elite FBI hair experts. Also, The Washington Post gives statistics and years, for rape and murder convictions, and who goes about trying to solve them. When the evidence proves the convicted guilty, like Kirk, the inmate should be exonerated and compensated for his time.

Read More

Issah Jünger: An Accused Of Second-Degree Crime

928 Words | 4 Pages

The victim was killed as a direct consequence of the suspect's intentional gunfire, meeting the actus reus requirement for second-degree murder. Furthermore, the Crown successfully establishes that the accused possessed the necessary mentality, or guilty mentality, for the offense. Further evidence that the accused intended to kill comes from the fact that the victim passed away from his wounds not long after being shot. On the contrary, the Defense's argument against mens rea is mostly based on assumption and other theories and is not supported by any concrete proof. The defense's assertion of the accused's lack of motive or intent is weakened by the absence of a clear explanation for the shooting.

Read More

Mr. Corliss Case

901 Words | 4 Pages

To defend Mr. Corliss against his murder charge by using Illinois’ self-defense stature, we must prove that Mr. Corliss “reasonably believe[d] that deadly force was necessary to prevent great bodily harm to himself.” There is no real dispute that Mr. Corliss believed force was necessary because he was scared enough to have brought a gun to the party in the first place. This memorandum will discuss only the issue of showing that this belief was reasonable. As referenced In re S.M., Illinois courts consider two factors to conclude the reasonableness of the defendant’s belief that deadly force is necessary to avoid great bodily harm.

Read More

Essay On Marbury Vs Madison Case

749 Words | 3 Pages

In 1803, the Marbury v. Madison case was brought before the Supreme Court. The plaintiff was Federalist William Marbury and, through the principle of judicial review, he wanted the Court to issue a writ of mandamus so that he can receive official documents from the Secretary of State. Marbury claimed that it was unconstitutional for Madison to withhold the commission, but James Madison was under orders from the president, who could ignore court decisions. This case helped solidate the Supreme Court’s position and power as a branch of government equal to the Legislative and Executive branches.

Read More

Marbury V. Madison: The Supreme Court Case

1592 Words | 7 Pages

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.

Read More

Marivic Genosa Case Essay

888 Words | 4 Pages

The case of Marivic Genosa validly invoke the "battered woman syndrome" as constituting self defense for treachery attended the killing of her abusive, immature, irresponsible, alcoholic and violent husband while sleeping. The regional trial court in Ormoc found Marivic guilty "beyond reasonable doubt" of parricide and sentence her to death. The court however, is not discounting the possibility of self-defense arising from the battered woman syndrome for in may defined as a woman "who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something she wants her to do without concern for her rights." First, each of the phases of the cycle of violence must be proven to have characterized at least two battering episodes between the appellant and her intimate partner. Second, the final acute battering episode preceding the killing of the batterer must have produced in the battered person's mind an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save her life.

Read More

More about The Case Of Samuel V. Morgan

Open Document