CRIMINAL LAW
Writing Assignment #2
1) Blind Walker and self-defense—Self Defense? Yes.
I. Explanation of the relevant facts of mini videos
• Blind walker was being robbed. Robber claims that he has a knife. Robber has knowledge that he is robbing a blind person.
• Blind person assumes he is in danger. He does not capacity to know if the robber is telling the truth.
• Blind person picks up a gun, then starts shooting wildly. Blind person does not have capacity to aim directly to the robber.
• Blind person is in fear of his life, shoots robber multiple times.
II. Explanation of the law of the videos using CACI
130. Self-Defense
If Blind person (thereafter Defendant) claims that he is not responsible for the robber’s (thereafter …show more content…
• He faced the target and starts shooting wildly in the direction of the robber.
• Shooting in that direction of the robber is reasonable force for a blind person to assume that he will hit his target.
IV. (Really this are arguments for and against each claim/cause of action)
a. Your Conclusion
The blind person can claim an affirmative defense of self-defense since he believes that a harm will come to him and he is in fear. I addition, since he is blind, he cannot retreat successfully without being harmed. By shooting the robber he eliminated the threat to his life.
2) Cardio kid/Taser and murder—Murder? NO.
I. Explanation of the relevant facts of mini videos
Cardio Kid is walking, under doctor’s order have a good heart beat. Taser kid comes up to Cardio kid, shows off his Taser. Cardio kid declines to be tased. Taser kid knowingly tazed cardio kid anyway. Cardio kid dies.
II. Explanation of the law of the videos using CACI
PC 192 Manslaughter- (b) Involuntary- in a commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and …show more content…
• Person P fell and was harmed.
II. Explanation of the law of the videos using CACI
1300. Battery—Essential Factual Elements
Person P claims that Person D committed a battery. To establish this claim Person P must prove all of the following:
1. That Person D touched Person P with the intent to harm or offend him;
2. That Person P did not consent to the touching;
3. That Person P was harmed by Person D’s conduct;
. That a reasonable person in Person P’s situation would have been offended by the touching.
III. Application of the law to the facts
• Person D is guilty of Battery by transferred intend using JEDI powers to cause Person P harm.
• Elements of Battery has been met since Person P did not consent to the touching.
• Person P was harmed by Person D JEDI power.
•
IV. (Really this are arguments for and against each claim/cause of action)
HOLDING
• Person D is guilty of Battery since all the elements of Battery was met.
• Person D intended to harm Person P to steal the book using JEDI powers.
• Person P did not consent to the touching or JEDI power.
• Person P was harmed or offended by the touching.
COUNTER
Writing Assignment #2
1) Blind Walker and self-defense—Self Defense? Yes.
I. Explanation of the relevant facts of mini videos
• Blind walker was being robbed. Robber claims that he has a knife. Robber has knowledge that he is robbing a blind person.
• Blind person assumes he is in danger. He does not capacity to know if the robber is telling the truth.
• Blind person picks up a gun, then starts shooting wildly. Blind person does not have capacity to aim directly to the robber.
• Blind person is in fear of his life, shoots robber multiple times.
II. Explanation of the law of the videos using CACI
130. Self-Defense
If Blind person (thereafter Defendant) claims that he is not responsible for the robber’s (thereafter …show more content…
• He faced the target and starts shooting wildly in the direction of the robber.
• Shooting in that direction of the robber is reasonable force for a blind person to assume that he will hit his target.
IV. (Really this are arguments for and against each claim/cause of action)
a. Your Conclusion
The blind person can claim an affirmative defense of self-defense since he believes that a harm will come to him and he is in fear. I addition, since he is blind, he cannot retreat successfully without being harmed. By shooting the robber he eliminated the threat to his life.
2) Cardio kid/Taser and murder—Murder? NO.
I. Explanation of the relevant facts of mini videos
Cardio Kid is walking, under doctor’s order have a good heart beat. Taser kid comes up to Cardio kid, shows off his Taser. Cardio kid declines to be tased. Taser kid knowingly tazed cardio kid anyway. Cardio kid dies.
II. Explanation of the law of the videos using CACI
PC 192 Manslaughter- (b) Involuntary- in a commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and …show more content…
• Person P fell and was harmed.
II. Explanation of the law of the videos using CACI
1300. Battery—Essential Factual Elements
Person P claims that Person D committed a battery. To establish this claim Person P must prove all of the following:
1. That Person D touched Person P with the intent to harm or offend him;
2. That Person P did not consent to the touching;
3. That Person P was harmed by Person D’s conduct;
. That a reasonable person in Person P’s situation would have been offended by the touching.
III. Application of the law to the facts
• Person D is guilty of Battery by transferred intend using JEDI powers to cause Person P harm.
• Elements of Battery has been met since Person P did not consent to the touching.
• Person P was harmed by Person D JEDI power.
•
IV. (Really this are arguments for and against each claim/cause of action)
HOLDING
• Person D is guilty of Battery since all the elements of Battery was met.
• Person D intended to harm Person P to steal the book using JEDI powers.
• Person P did not consent to the touching or JEDI power.
• Person P was harmed or offended by the touching.
COUNTER