The Process of Prevailing Prosecutions

Leg WK 10 Assignment
Student's name
Affiliation
Scenario 1
Brian is charged under the criminal law, which regards certain behaviors as illegal and can therefore be punished for violating the criminal statutes. The charges were assault, battery, and murder. Assault and battery generally involve acts where the perpetrator attempts to injure another physically. Assault involves acts of trying to harm another person or threatening to cause physical injury. In a case of assault, the words spoken during the show must be accompanied by actions that can reasonably put someone in fear of imminent harm. However, in the assault, no direct contact is required. For a charge to constitute an assault, the assault must be accompanied by acts, and only a general intent to harm is needed. Battery involves making physical contacts in a manner regarded as offensive or harmful without the person's consent. For an action to amount to the battery, four conditions must be fulfilled: the unlawful threat, the accurate fear perception, the person to whom the act is directed should not provoke the perpetrator, and there existed no chance to avoid the actions from occurring through retreat or escape (FindLaw). Self-defense may be used in assault or battery, but the force applied should be reasonable compared to the threat.
Brian is guilty of assault in that his action of jumping suddenly in front of Lori with a knife and pointing it at her face amounted to an injury threat. The actions of Brian also amount to the battery through his act of striking Lori. The action of Lori of hitting Brian is justified under self-defense in that the force was reasonable in comparison with the threat imposed by Brian. Additionally, Brian is guilty of second-degree murder. He intends to cause harm to Lori resulted in Lori's death even though that was not the intention.
Scenario 2
The case of Jack and the local school under terrorism can be regarded as a case of domestic terrorism. Domestic terrorism can be defined as acts that are considered to be criminal or violent done by an individual or a group of individuals to influence ideological goals originating domestically. Such influences may be political, social, racial, environmental, or religious. The acts of domestic terrorism should have been done with the intention of intimidation or coercion of the population, influencing government policy through coercion or intimidation, and distorting the working of the government through kidnapping, mass destruction, or even assassinations (Cornell Law School). Moreover, the actions must have been conducted within the ter...