Criminal law- need answers to questions #5 & #6.(also, need websites

5.  What case law could you use to support your arguments? Identify and describe your examples.

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6.  Why do you think these cases are relevant to the discussion?

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Read the cases of State v. Bolarinho, 850 A.2d 907 (R.I. 2004) and State v. Fleming, 19 S.W.3d 195 (Tenn. 2000). Use your analysis of these cases to inform you in your discussion of the following questions:

Write 400–600 words that respond to the following questions with your thoughts, ideas, and comments. Be substantive and clear, and use examples to reinforce your ideas:

1.  In your own words, define the crimes of assault and battery.

answer:  Assault is a deliberate action by a person(s) that gives another person(s) the fear of physical injury. On the other hand, battery actually involves the attacker intentionally inflicting physical harm to the victim.  However, when the intimidation of violence is directly followed by an action of violence, it is assault and battery.

2.  Can a person’s hands, fists, or feet be considered dangerous weapons? Why or why not?

 answer:  The use of the hands, feet, or any other part of the body, to inflict pain on another, can easily cause harm to another person.  Therefore, the use of any of these is reflected as use of a dangerous weapon.

 3.  Would the use of hands, fists, or feet be considered mitigating or aggravating factors with regard to assault or battery? Explain.

answer:  Mitigating or aggravating factors is the information about a defendant or the circumstances of a crime that might tend to lessen the sentence or the crime with which the person is charged. Therefore, yes, the use of hands, fists, or feet can be considered mitigating or aggravating factors with regard to assault or battery.

4.  What do you think makes an object a dangerous weapon? Explain.

answer:  Any item can be a dangerous weapon, if it is deliberately utilized in a manner that it realistically seems to be capable of producing significant harm or demise to a different individual. A simple illustration of this description would be an ink pen that is directed towards someone’s eye.  In this instance, it could cause significant harm; therefore, it is a dangerous weapon. 

5.  What case law could you use to support your arguments? Identify and describe your examples.


6.  Why do you think these cases are relevant to the discussion?









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