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W200 - Essay Example

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A.) The criminal acts performed by Andrew and Bob the night they shook a latter and made Carol fall from the latter and fracture her skull are that their defense of being too drunk could never excuse them from being liable. When someone intentionally causes harm to another person regardless of the state of mind the perpetrator is in the person is legally liable for causing the harm…
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Download file to see previous pages Because, the brothers were drunk the brothers do not think they should be held liable for causing the bodily harm to Carol. Even though Andrew and Bob are trying to pass off that they would have never committed this crime if they had not been drunk. The two of them still knew what they were doing despite being drunk. The crime against a person is that they were attempting to abuse, and scare Carol, but Carol ended up injured. When Carol ended up injured there was a criminal act committed. The criminal act was negligence on behalf of Andrew and Bob, but it was still a criminal act. Andrew and Bob can both be prosecuted on charges of criminal negligence. Because, Andrew and Bob were drunk they were negligent and caused harm to carol. If Andrew and Bob would not have been so childish to move the latter then Carol would not have fallen. Just because Andrew and Bob were drunk does not give them an excuse to shake the latter, and to move it off of the wall. This is the only reason Carol fell from the latter. Neither of the brothers made an attempt to catch Carol as she fell backward from the latter. So, Carol was seriously injured with a fractured skull. If Andrew, or Bob would have attempted to catch Carol as she fell from the latter, Andrew and Bob might not be facing criminal charges. However, neither brother attempted to catch Carol, so both Andrew and Bob will be brought up on criminal charges of negligently causing bodily harm to someone. The charge is negligently because they were not in their right states of mind. If Andrew and Bob had not been drinking, Andrew and Bob would not have moved the latter away from the wall, or at least attempted to catch Carol as she fell from the latter. B.) The criminal liability the brothers will face for the attack on Dennis is that they attacked a police officer. When a citizen attacks a police officer it is a criminal offense. Police officers are protected from the average citizen harming the police officer. When the two brothers attacked Dennis the two brothers infringed upon the protections offered to police officers. Dennis can criminally charge the two brothers for an offense against a police officer. Andrew and Bob are also resisting arrest by kicking and cutting Dennis. If Andrew and Bob would have surrendered to the police officer then Andrew and Bob would not be in so much trouble. But Andrew and Bob were resisting the attempts of Dennis to arrest the brothers the brothers assaulted Dennis by kicking, and cutting him. The brothers then proceeded to run. When the brothers ran the officer could charge the brothers with resisting arrest. Then the brothers were also charged with the criminal offense of assaulting a police officer. This is of course on top of the charges for the criminal negligence on the assault of Carol. Now the brothers face more charges than they did prior to the officer coming to the home. Now the brothers have to consider what to do when they are arrested and brought up on more charges than the original charges. This could add more time on to the sentence Andrew and Bob faced for the criminal negligence in the attack on Carol. When Andrew and Bob negligently assaulted Carol the police allowed them to return home on bail. Then the police came back to arrest Andrew and Bob, but Andrew and Bob did not want to get arrested. If they would have just allowed themselves to be taken down to the ...Download file to see next pagesRead More
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