ipl-logo

Tony Roberts Case Study

485 Words2 Pages

According to case law, a person is allowed to use “reasonable force” to protect his property but it cannot be force that will take someone’s life or inflict injury. In the case of Tony Roberts, he is not allowed to use force against Peter Christopher, the man stealing his sports car, according to the case law of “Prosser on Torts, Third Edition”. The law states that “the law has always placed a higher value upon human safety than upon mere rights in property, it is the accepted rule that there is NO privilege to use any force calculated to cause a death or serious bodily injury to repel the threat to land, unless there is a threat to the defendant's personal safety as to justify a self defense situation.” Tony was not in any danger when Peter was stealing his car; he never infringed any harm on Tony in order for him to act on self defense. Also, according to the Castle Doctrine, you must be in your home or at your place of business in order to use “deadly force” upon a Peter. In this case, Peter was not in his home or opposing harm on Tony. (Hodge, pgs 81-83) A. Tony Roberts can be criminally prosecuted and civilly sued in this case because Tony’s situation goes against the law of Prosser on Torts , Third Edition and also the Restatement of Torts, section 85. ; which …show more content…

Briney case, not entirely but some parts I do disagree. For instance, I disagree with the fact that the person who was trying to steal from someone’s property (a thief, low life, criminal, etc.) is not guilty for the action and or held responsible for it. I believe that as American citizens we should have the right to protect our property, but at the same time we should not be setting shotguns up to completely kill someone, that is what I disagree with. The law of Prosser on Torts, Third Edition, states that human life deems higher than a possessor protecting his or hers property. As a citizen, I have to abide by that law; that is the law of the

Show More
Related
940 Words | 4 Pages

The Missouri police officer, Darren Wilson, tells his side of his story in which he declares that his victim tried to attack him. Therefore, he explains that he as a police officer, has the right to defend himself against the criminal.

Read More
552 Words | 3 Pages

Imagine an individual, getting ready for their slumber. Now imagine an intruder breaking into there window with the intention to shoot anyone in its way. Recall that the homeowner is unable to legally defend himself and must retreat from the intruder. This scenario can be possible in all 50 states, but only Seventeen states do not give people the right to legally defend themselves, even if confronted with a person holding a weapon. This means a innocent person attempting to defend their family or himself would wrongly get accused if the intruder got injured.

Read More
158 Words | 1 Pages

I believe that this event is best classified as self-defense. Self-defense is defined as the defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime.

Read More
466 Words | 2 Pages

Do you agree with: the Decision/Held in the case, the Sentence? I think that the Defendant Ms Flett is guilty and I agree with the decision of the judge in this case. The sentence for Ms Flett is that she received life imprisonment for each count of manslaughter that is being served concurrently, along with six months for the charge of arson, which is also being served concurrently, and weapons prohibition for life. Ms Flett will be eligible for parole after seven years, if she is granted parole she will be under community supervision for the rest of her life.

Read More
844 Words | 4 Pages

An Act Throughout the recent years of living in the US, it is not unusual to hear about a shooting happening every day. The US skyrocketed above other nations around the globe statistically in the amount of shootings every year. Because of the second amendment, “The right of the people to keep and Bear Arms, shall not be infringed,” citizens in the United States, in the past, have been protected by the 2nd amendment since 1789. However, the amount of shootings are increasing in the US and the staggering amount of lives that are lost around the nation are also increasing, should the everyday citizens still be allowed to blame their malicious actions on the 2nd amendment? All throughout the article, “Gun Control That Actually Works,” Alan Berlow

Read More
126 Words | 1 Pages

I think the massacre of the theatre in Aurora it was one of the horrifying and tragic gun shooting events that has happen in the United States, like the massacre in Sandy Hook. About James Holmes sentence I believe that he deserved a death penalty instead of the life sentence in prison, doesn’t matter if he is diagnose from mentally Ill. Probably he deserved to suffer in lifetime with the guilt of killing good citizens but he needs to pay for what his done to the victims of taking away their lives and affecting the victim’s families forever. I believe in Eye for an eye punishment, so this is my way of see about someone killing innocent people. You kill you pay in the same

Read More
649 Words | 3 Pages

Restatement (Second) of Torts § 8A (Intent means “the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it.”). Critically, exclusion 2(a) only applies when the actor has the subjective knowledge that his conduct will inflict “personal injury.” In the present complaint, if Gil acted intentionally, then he would have harbored such a subjective intent.

Read More
1526 Words | 7 Pages

The question on whether the 2nd Amendment in the U.S. should be changed or not has become a widely discussed and argued topic as of recent, due to recurring incidents of shootings occurring on U.S. soil by its own inhabitants. While many would be in support of the right to bear arms, including myself, I do believe that the current gun laws need to be made more restrictive than they are in their current state, for the sake of the country and the safety of its people. I’m well aware that I am not a U.S. citizen and that I have no say in what decisions are made there regarding the country’s constitution, but I feel that what I have to say is shared by many of America’s people and that it’s not only Americans that are affected by guns but also those who are visiting the country from abroad. There are many problems regarding America’s very unrestrictive gun laws at present, whether it’s the fact that there is no federal minimum age for possession of a long gun, or the fact that individuals don’t

Read More
505 Words | 3 Pages

When at the academy, a training school for potential officers, students are taught self-defence. They are told if there is a situation where deadly force is necessary, then they can use it. Unfortunately, some This happened particularly in the shooting of Trayvon Martin. George Zimmerman was a neighborhood watch captain who called 911 because he saw a “suspicious person” walking at night. 911 operators told him to stay in his vehicle and avoid approaching the person, but he completely ignored these instructions.

Read More
1158 Words | 5 Pages

The motion picture Runaway Jury touched on several aspects of moral rights and duties. There is probably not a better topic than guns in which an individual would be forced to make a decision between what is morally right and what is legally right. When the question was first introduced as to whether a gun company can be held liable in some form for the death of a person, I knew then that the plaintiff would be in for a fight of their life against the gun companies. The movie got my attention during the voir dire. It pitted the big company with unlimited funds against the “common man,” almost like David versus Goliath.

Read More
2928 Words | 12 Pages

When a person experiences a situation where their life is in imminent danger, the only alternative is to retaliate by using deadly force. The use of deadly force is not intended so that people can get away with murder. Many courts have put a label on a case by case basis where they say that a reasonable person can perceive that their life is in danger they can use deadly force. If my life was in danger and I was backed into a corner, I would say yes, the use of deadly force is warranted. The Future Of Self-Defense

Read More
1050 Words | 5 Pages

Mr Lappiere, With uttermost respect, I staunchly oppose as well as condemn of your opinions of gun ownership. Therefore, I, whose family was a victim in the Columbine High School Massacre, am writing to represent the people of the United States, whom are injured or whose family members that are wounded by the use of guns, to convince you the reasons why this country should reinforce the gun control as well as to restrict ownership of guns to the exceptionally adept, competent defense military personnel only, should be illicit from all noncombatant for the reason as nonessential accidents only disrupts the peace every civilians would like to achieve, while chaos descends. Antithetical to your profound beliefs, I think that guns expose more

Read More
1500 Words | 6 Pages

The doctrine allows citizens to use deadly force if the feel threatened or feel like harm may occur. Some states like Florida have strong Castle Laws that needing protection does not need to have a roof; it can be mobile or immobile; and it can be as temporary as a tent; Texas also protects citizens against civil action being taken against them after they have used force to protect themselves or others in their homes, automobile, or workplace (Purves). Other state like California allow citizens to protect their homes with deadly force if they or another person are in physical danger, but does not extend to theft, and it only protects residents in their homes, and not in cars or at work. You can use deadly force if you are not the initial aggressor in an altercation within your home (Purves). As a general rule, self-defense only justifies the use of force when it is used in response to an immediate threat.

Read More
1020 Words | 5 Pages

The state of Minnesota has laws that state you should retreat first instead of using deadly force and the only exemption to those laws is if you were cornered or pinned down and facing serious harm or death, then you would be authorized to use deadly force in self-defense. In the case of Byron Smith he was not legally within Minnesota’s stand your ground law because the teens that broke into his house did not corner or pinned him down and were not about to cause serious or deadly harm to him. In fact the law states he should have retreated first and avoid the use of any deadly force if possible and in this case that was

Read More
724 Words | 3 Pages

Question -1 In the above said case the facts state that John the appellant who lives on the 1st floor of a three –storied building. During the summer time one of his neighbors named Mary who had installed an air conditioner which blew out hot air directly to John’s bedroom causing his bedroom to heat up during the night and causing trouble to the appellant. When he goes to complain to Mary he is answered by Mary who said it was of no concern to her which made John to take a legal action against Mary.

Read More

More about Tony Roberts Case Study

Open Document