Thursday, August 29, 2019

Reflection Essay Example | Topics and Well Written Essays - 750 words - 11

Reflection - Essay Example Filing of the case as homicide is arguably inapt. I have specifically used the term ‘arguably’ because, the prima facie of the case is evident towards the assumption of homicide. The entire scenario would have turned upside down had Popeye died in the fight. A supportive argument can this way be placed. Bluto did not die in the fighting with his rival, Popeye. In fact, Popeye was about to swoon and staggered in the fight. The physical might of Bluto was really overpowering Popeye making him virtually inert to fight further. At this juncture, it is quite unimaginable to think of the death of the aggressor in the place of victim. Thus the cause of death of Bluto had to be reinvestigated who was effectually vigorous during the entire scene of fight and up to the time of his death. Assault was the crime committed by Olive on Bluto. Assault generally is a crime of violence involving the intent to cause physical injury that result in physical injury. In New York, assault without any weapon is a misdemeanor and that with the use of a weapon is felony. As such Olive’s act of criminality can be restricted to felony. Here the article 35.15 of New York may be read. The article clearly goes this way: â€Å"A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless: (a) the latter’s conduct was provoked by the actor himself with intent to cause physical injury to another person.†. Here, although the provoking of Olive to the Bluto’s aggressive conduct is seemingly apparent, the term à ¢â‚¬Ëœwith intent’ attracts the explanation of motive, which may not be legally required obligatory to defend the accused. Evidently, the motive of Olive was only to stop the

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