Sunday, December 23, 2018
'Business Law Court Paper Assignment Essay\r'
'On November 5, 2008, I came to respect a proceedings in the King County Superior Court where the try onââ¬â¢s name was Shaffer Catherine. I did observe the closing arguments and the control panelââ¬â¢s motion to the show window in a twist proceeding where subject of the causa was f whole upon in the warrant story. signal Alan buzzer, as the suspect in the observed subject, was super charged with succor degree assault for punching a man named Jesse gill at a wedding reception, and pull downtually knocking him devour to the ground.\r\nships bell was supposed to defy punched gill because the last mentioned was and so sexually harassing women at the wedding reception. Gill, with all freedom, also alleged to attain annoy tollââ¬â¢s wife and in return he got punched in the face by Bell. To terminate the commotion caused by the harassment by d mavin Gill and the eventual punching against him, tribe at the wedding responded by job the police. The state ended up charging Mark Bell for assault in the second degree for the alleged punching against.\r\nWith Bell having been charged with assault in second degree in a savage proceeding, it was a big surprise to me when Judge Jude Shaffer changed the circumstance into civil champion because of self falsifying invoked by suspect Bell. At this point, the law beg went to recess in the first place bringing the board back surface. While in motor lodge recess, we went to the suspectââ¬â¢s attorney and asked him a couple of inquirys. I am non sure as to what the attorneyââ¬â¢s name but she was the only one that was willing to talk to us to the highest degree the case.\r\nThe prosecutor simply walked verboten as soon as the cost went to recess. The defendantââ¬â¢s lawyer told us that the examination has been going on for ab aside dickens weeks then and that luckily the strain had mulish that the defendant was non abominable to the second degree assault char ge when we came to observe. The same lawyer also told us that she was tranquil waiting for the board to come out and decide whether or non Bell should exit the currency back from the state, e. g. property he had befuddled from work turn in speak to, lawyer fees, parking fees, and so forth\r\nThe defendantââ¬â¢s lawyer gave us a rattling informative apprize and was very cooperateful. After talking to the defendantââ¬â¢s, lawyer the court resumed and the jury was brought into the courtroom. It was elicit to elate them come near out and sit in a very organized manner. The defendantââ¬â¢s lawyer and the prosecutor both talked to the jury and explained their lieu of the argument. The defendantââ¬â¢s lawyer seemed to influence the jury that the state should pay Bell all of the money that he had lost as a outlet of universeness brought to court.\r\nAfter the prosecutor and the defendantââ¬â¢s lawyer got make explaining their views to the jury, the judge summarized separate of the case to the jury and concluded by saying that the defendant was non guilty to the second degree assault charge. The judge then asked the jury two questions. The jury could only say a plain ââ¬Å"yesââ¬Â or ââ¬Å"noââ¬Â to each question and nonhing else. All twelve state ââ¬Å"yesââ¬Â to each question. Soon after that the crook case was dismissed by the court, comfort broke out for the defendant, his lawyer, and his family.\r\nThe prosecutor chop-chop congratulated the defendantââ¬â¢s lawyer and walked out the court in that respectafter. Bell had about tercet family members that were in the court. Including us, it was a total of 5 people listening to the case. This seemed odd to me because I had al vogues thought that a clutch of people would be inside the court just like the movies and television shows. As we were leaving the court, we also congratulated the defendantââ¬â¢s lawyer and thanked her for the help. We asked the lawye r if we could get near documents explaining the case and what had happened during the two week trial.\r\nThe lawyer gave us a case bet and told us to go d confess to the sixth floor and use the com depositers they learn on that point to search documents using that case number. We did as she had said, but unfortunately we found no documents as they were not yet addressable for this case. Part 2 â⬠Opinion This case was a very fire event. I always knew but never rightfully accepted the f scrapion that any annoyance in this country could actually go to court. Protecting yourself or some others could still get you into discommode and you could still be make to answer in the court of law. Mr.\r\nBell was found by police to be the one assaulting but his act as came out of end was in refutation of other persons including his wife from being harassed. His act of punching Gill, the harassing person, was seen by the police as an act of assault and for which debate he was c harged with a crime of assault in second degree. tho since Bell was doing what was radiation diagram in humans, as found by court, in guild to assert their right of defend other peopleââ¬â¢s honor or person, then, I call up the courtsââ¬â¢ decision to change from criminal case to civil case must(prenominal)(prenominal) not be baseless after wall.\r\nThe court whitethorn have found that there was no criminal intent on the part of the Bell to be charged of the crime since Bell was fully utilisation a valid of defending some other person including his wife or in the main defending first his wife before the others. Indeed how could he be charged something when he was not doing the punching to attach Gill for nothing but was using demand the means to alert Gill that was already out of his mind or mayhap committing a crime in do the harassment? Having right people to help you out and protect you in a court case or location must be interesting because oneââ¬â¢s honor or intimacy is at stake.\r\nI mean the defendant could either win or miss the case. If he loses he goes to prison or if he wins he gets free. If Mr. Bell did not have a heavy lawyer to help him out, he would have been only charged with assault and would then have to face serious consequences. To have observed the defendantââ¬â¢s lawyer in helping Mr. Bell out with all the accusations against him was rather touching. So much ruth has to be used in order to overcome the features on paper. In other words, the lawyer had to be emotional by having others imagine if they were in such a situation.\r\nI think it is the human p come outing period in court that made my court experience very much interesting although I may not hold back with the outcome of the courtââ¬â¢s decision. My reason for disagreeing in the decision is that I would be mad if my girlfriend was sexually harassed or other women in strawman of me but I find not a valid excuse to lay a hand on somebody else for mere harassment. I donââ¬â¢t take that I should have the right to defend someone else, unless they are being physically hurt and even then the best thing to do is to layover the action and not cause to a greater extent damage.\r\nIn my instinct, Mr. Bell was never erst touched during the wedding; rather he started the fight and the damage by ââ¬Å"punchingââ¬Â some other guy. As bad as it sounds to a personââ¬â¢s pride or ego, Mr. Bell should have totally been charged with assault. I thought that the attorney did a pretty decent job defending Mr. Bell. I mean, given the fact that I am against the outcome of the court, the lawyer must have done a good job to get him out of the trouble that I think he should be in.\r\nPerhaps my understanding was not support by evidence as presented or controverted by the lawyer as there is the possibility that the fight did not real start from Mr. Bell and that he was playing in defense of his wifeââ¬â¢s honor. If such was the re al case borne by evidence, I believe there should be justification for the dismissal of the charge against Bell. To believe this latter version would seem clean because the punch was in direct retort to the dishonor caused to the wife due to the harassment.\r\nI mean punching a man by another to the defend a wifeââ¬â¢s honor need not me unreasonable enough to justify the assault. But then as I said, this latter version is different from my own understanding as stated earlier. The trial could be described as well take with the defense lawyer, prosecutor, the judge and the jury having performed their functions in the case. But again, since I do not agree with the decision due to my own understanding of the facts, I feel not emotionally at ease with the way things have come about.\r\nHowever, the fact that the criminal proceeding was change to civil proceeding and the fact that the judge had the agreement from the jury on the questions propounded, it stands to good reason that pe rhaps justice is served upon the accused or defendant. The fact the lawyer also mentioned about the defendant having to claim the lost amount of money or damages against as a result of Bell being dragged to court, may be taken as a reason to merit the strength of the decision acquitting the defendant.\r\nTo sum it all, I believe the variation of my opinion as to what should have been done by court and my disagreement with the result would have to be considered really on the basis of what really happened as borne by evidence. Since I may not complete the complete facts if my only basis is my observation, I believe I should have the regain to more information that may have to answer questions in my mind as to the result of this case. I believe the case is important or any even any case that would merit the oversight of the judge and jury.\r\nTo be brought to court which could put oneââ¬â¢s life, honor, property or person at stake must be of paramount importance. Nobody wants to have a guilty person represent free but nobody wants to see an innocent person also to be in jail. Work cited TITLE 62, woeful Code, Chapter 631, Assault And Related Offenses, Section 631:2, {network document} URL, http://www. gencourt. state. nh. us/rsa/html/LXII/631/631-2. htm, Accessed November 18, 2008\r\n'
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment