Description
1. Capstone Case: Tennessee v. ReevesTracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. The girls agreed that Coffman would bring rat poison to school the following day so that it could be placed in Geiger’s drink. The girls also agreed that they would thereafter steal Geiger’s car and drive to the Smoky Mountains. Reeves then contacted Dean Foutch, a local high school student, informed him of the plan, and asked him to drive Geiger’s car. Foutch refused this request. Reeves and Coffman were found to be delinquent by a Juvenile Court based on a conviction of attempt to commit second-degree murder. The question is whether the students engaged in enough activity to constitute an attempt offense.
- Did you find enough evidence that the girls had taken a substantial step toward the commission of a targeted offense?
- What test does the court establish for Tennessee to determine if a substantial step has been taken?
- Do you find that the court, in using common law rules of construction, modifies the legislative enactment of the attempt statute?
Minimum of 500 word count. APA format, scholarly sources withing past 7 years.
2. Read and compare the court’s opinion in United States v. Gladish, 536 F.3d 646 (7th Cir. 2008), involving an alleged attempt to have sexual conduct with a minor. What factors did the court consider in determining whether Gladish engaged in a substantial step toward sexual activity with a minor?
Minimum of 500 word count. APA format, scholarly sources withing past 7 years.
3. Capstone Case: United States v. Thomas
On October 30th, 1990, Wallie Howard, a Syracuse police officer working undercover for the Federal Drug Enforcement Administration (DEA), was shot and killed during a cocaine “buy-bust” taking place in the parking lot of “Mario’s Big M Market” in Syracuse. The defendants charged with Officer Howard’s death tried to assert a self-defense claim at trial, but the court refused this request.
- Lawrence fired at Agent Howard and killed him after Howard had already drawn his weapon and fired. Why was Lawrence unable to claim self-defense in the shooting?
- In this case, the U. S. Court of Appeals for the Second Circuit said: “It has long been accepted that one cannot support a claim of self-defense by a self-generated necessity to kill.” What is the logic behind this principle? Do you agree with it?
- How does this case compare to the jury verdict in State of Florida v. George Zimmerman (aka the Travon Martin case)?
Minimum of 300 word count. APA format, scholarly sources withing past 7 years.
4.Determine whether your home state has a “stand-your-ground” law that allows defendants to assert self-defense in cases where they might have been able to safely avoid a confrontation. If your state does not have such a law, locate the stand-your-ground law in Florida. After reading the law, identify the elements a criminal defendant must meet in order to successfully present a stand-your-ground defense.
Minimum of 300 word count. APA format, scholarly sources withing past 7 years.
Explanation & Answer
Attached.
Running Head: STAND YOUR GROUND LAWS
Stand Your Ground Laws
Institutional Affiliation
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STAND YOUR GROUND LAWS
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Florida Stand Your Ground Laws can be found in Florida Statutes, Under Section
776.012. The statute provides that the person can use deadly force only when the person is
justified to use such force. The law provides that the individual has the right to stand his or
her ground and not retreat if he or she believes that the use of the deadly force will be
necessary to prevent the commission of a crime. The laws which can also be used as a
defense will focus on three particular factors. One of the elements will be a reasonable fear.
The criminal defendant will have to meet this specific element for an unbeaten stand your
ground defense claim. The individual will have to establish that the use of the deadly force
was used since the defendant had a reasonable fear that harm will befall him (Ward, 2014).
The same can be seen in one of the most iconic cases, State of Florida v. George
Zimmerman. The defendant in the case managed to establish that he had a reasonable fear
that Travon Martin would do him harm. The evidence which had been provided in the court
of law focused on the bruises which had been incurred by the defendant from the struggle that
had ensued between the deceased and the defendant. The injuries show that the Travon's
intent was to harm the defendant. Furthermore, the defendant screamed for help which
showed that he was reasonably fearful of the deceased further leading him to use deadly force
which took the life of Travon Martin (Ward, 2014).
The second element which will be considered for an unbeaten stand your ground
defense claim will focus on the assumption that the individual intended to commit an illegal
action which would involve the use of violence or force. The use of deadly force can be used
if it is determined that the intruder would have committed an illegal act which would revolve
around the use of violence or force (Kaplan, Weisberg, & Binder, 2014).
STAND YOUR GROUND LAWS
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As seen in State of Florida v. George Zimmerman, the defendant's reasonably
believed that the intruder, Travon, would have committed an illegal act, that is, kill him since
Travon had managed to throw punches at the defendant and smash his head on the
pavements. The police officers in Florida fall under the protection of the laws, and they may
use deadly force if they believe that the intruder wishes to commit crime through the use of
deadly force.
STAND YOUR GROUND LAWS
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References
Kaplan, J., Weisberg, R., & Binder, G. (2014). Criminal law: Cases and materials. Wolters
Kluwer Law & Business.
Ward, C. V. (2014). Stand Your Ground and Self-Defense. Am. J. Crim. L., 42, 89.
Running Head: TENNESSEE V. REEVES
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Tennessee v. Reeves
Institutional Affiliation
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TENNESSEE V. REEVES
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The facts to the case of Tennessee v. Reeves which is also referred to as State v.
Reeves has managed to provide crucial information regarding what occurred and led to the
conviction. The evidence which had been provided in the court showed that the de...
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