State V. Stewart Case Study

Improved Essays
The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions.
An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla. After an issue with Carla, Mike refused to let the daughter sleep in a proper room, forced her to do all of the household chores without help from her mother or sister, the family members were also not allowed to speak to her. After a short
…show more content…
For example, Dr. Hutchinson’s testimony about Peggy’s “repressed knowledge she was in what was really a gravely lethal situation.” Hutchinson testified that Peggy’s “cycle of violence” contributed to her reasoning for not leaving her abusive husband; further into the text, Hutchinson explained that since Peggy was consistently abused mentally, emotionally and sexual by Mike, then wooed by him, that she only participated in the relationship simply hoping to get “pass” the abuse to what she considered as “love.” Thus, leading Peggy to a frightening state of helplessness. Together with Hutchinson’s statements, Dr. Moldin also held a very important factor in the case. Dr. Moldin described that the oral sexual abuse “would not be trauma sufficient to trigger post-traumatic stress disorder,” with this being said, Moldin did not contribute nor oppose to the theories that Hutchinson described to the jurors about then “battered woman

Related Documents

  • Improved Essays

    Korematsu v. United States (check) (signifigant) Do the President and Congress have the power to excluded United States Citizens of Japanese’s descents without violating the Fifth Amendment, Due Process Clause, and the Fourteenth Amendment, Equal Protection Clause? After the Japanese bombed Pearl Harbor in 1942, The American Military became concerned about the Security of the United States. With General DeWitt’s recommendation, President Franklin D. Roosevelt signed the Executive order 9066, “authorizing the removal of any or all people from military areas, as deemed necessary or desirable”. After this order was passed Fred Korematsu, an American born citizen of Japanese decent, had some facial surgery, changed his names and claimed to be…

    • 297 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…

    • 983 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the case of the State of New Hampshire v. Sondra Murray, Ms. Murray was charged with disorderly conduct, resisting arrest, and possession of marijuana. She was convicted of the disorderly conduct which violated N.H. Rev. Stat. Ann. § 644:2, and possession of marijuana, which violated N.H. Rev. Stat. Ann.…

    • 805 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Assignment Two: State Court Survey In Arizona, the majority of cities and towns have a municipal court which is sometimes also called city or magistrate court. This court hears misdemeanor and petty offense violations within their town or city. City or town magistrates preside over some criminal and civil traffic cases. Criminal traffic cases with no serious injuries and civil traffic cases that involve violations of city ordinances. They have the ability to issue Orders of Protection and search warrants.…

    • 1211 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    State V. Evans Case Study

    • 774 Words
    • 4 Pages

    In the case of State v. Evans, 671 N.W.2d 720, (2003). , we see the distress of the victim that suffered from both harassment and stalking from her predator for a period that span more than three years (Brody and Acker, 2010). The harassment aspect that Hubert Evans summited the victim, Rebecca Arnold, to started out at a very slow rate with it become more intense and leading to stalking over years leading to the arrest of Mr. Evans and criminal conviction for harassment and stalking (Brody and Acker, 2010). The criminal charges were heard by a judge and jury where Mr. Evans gained a criminal conviction for the charges that he faced in the trial. The criminal conviction of Mr. Evans lead to his appeal to the State of Iowa Appeals court to evaluate the case as it relates to the state statute for harassment and stalking (Brody and Acker, 2010).…

    • 774 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Crime After Crime, a documentary that tells the dramatic story of the complex legal battle to free Debbie Peagler, an incarcerated survivor of domestic violence. Debbie was wrongfully convicted for the murder of her abusive boyfriend, and received a sentence of 25 years to life. Debbie Peagler unlike many other wrongfully convicted person’s stories. Debbie 's story is rather complex. On May 27, 1982, she led Oliver Wilson, the father of one of her two daughters, to a park where two gang members then beat and strangled him to death.…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    California v. Greenwood: Case Brief California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash collector of Mr. Greenwood's trash to place it separately from the other trash they normally picked up.…

    • 561 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Dred Scott Vs Sanford Case

    • 1043 Words
    • 5 Pages

    In the founding of America, the founding fathers formed much of the structure that America is based on today. In the world today we still follow the same Federal System that the Americans did in the 1800’s. There have been many Supreme Court cases that have left an impact on our country, but none have left the impact that the Dred Scott versus Sanford decision left. In order to understand the Dred Scott versus Sanford case one must know: the function of the Supreme Courts , who Dred Scott was, and the impact that the case left on future presidents choosing their Supreme Court Justices. The Supreme Court was founded in 1789 because of the Judiciary Act of 1789.…

    • 1043 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The case of Gregg v. Georgia starts with a man named Troy Gregg. Troy was imprisoned by the state of Georgia after he was found guilty of armed robbery and murdering two people in 1973. Following Gregg’s trial, the jury found Tory Gregg guilty and sentenced him to death. Troy challenged his remaining death sentence for murder, asked for an appeal, and claimed that his capital sentence was cruel and unusual punishment, in violation of the 8th amendment. The Georgia state court ruled that the death penalty was for murder.…

    • 1040 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Gitlow v. New York Hale, 2 Gitlow v. New York: Establishing Selective Incorporation Scarlet Hale Liberty High School AP Government 3A/B Gitlow v. New York may not be a commonly known case among citizens, but is quite significant within the United States government. The case was argued in 1923 and reargued in that same year after Benjamin Gitlow was handing out copies of the Left-Wing Manifesto during the first Red Scare in the United States (Chicago-Kent College of Law, 2015) (US Supreme Court). The court case was not established until two years later in 1925. Gitlow v. New York established that a state government has the right to punish an individual or group for promoting revolution, even though they have the…

    • 848 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    Kiara Rivas Philosophy 25 Due Date: 5/6/2015 Mock Trial: U.S v. Dominique Stephens The case I am presenting today is about a woman who admits to having killed her husband and is being charged with first degree murder. The woman’s name is Dominque Stephens and Mrs. Stephens claims that she has acted in self-defense after suffering many years of domestic violence in her marriage.…

    • 2831 Words
    • 12 Pages
    Superior Essays
  • Decent Essays

    Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    I’M NOT YOUR VICTIM I. Introduction The book, I Am Not Your Victim, by Beth Sipe and Evelyn J.Hall, is a true story about Beth’s life experience as a victim of domestic violence. She was married to Sam for sixteen years and suffered of violence for sixteen years. This paper will explain, some of the Beth’s situations where she didn’t get help when she expected too. Additionally, some resources Beth and her children could use for help of the abuse.…

    • 1154 Words
    • 5 Pages
    Great Essays
  • Great Essays

    Evan Miller has had a rough upbringing. He has had emotional abandonment from his alcoholic and drug abused mother, his abusive father and forced to be placed in multiple foster cares throughout his childhood. Miller is a prime example of an abandoned, troubled minor, whose true destiny has been destroyed due to these circumstances. The problems he has faced steered him to being depressed and unsatisfied, using drugs, alcohol and four suicide attempts to trying and fulfill the emptiness he has been feeling his entire life.…

    • 1439 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Angelique Lavallee was a 21 year-old woman, who was charged with murder after shooting her spouse in the back of the head while he was leaving the bedroom. Kevin Rust, her spouse, had threatened to kill her that night and loaded the gun for her. But instead Ms. Lavallee ending up shooting him that night with the intentions of missing. The psychiatric, Dr. Shane, did an assessment stated her as being terrorized by her partner such as physical, sexual, emotional and verbal abusive. Therefore, in the psychiatrist’s opinion the killing was a final desperate act by a woman who seriously believed she would be killed that night, which would refer as a victim of Battered Woman Syndrome.…

    • 829 Words
    • 4 Pages
    Improved Essays