Love Brief state v stark - Case Study Example

Case brief: Stark v. Stark Facts: In the year 1988 it comes to Stark’s knowledge that he is HIV positive. After confirmation of the disease he receives proper counseling and training as far as safe sex and managing his HIV was concerned. Despite numerous warnings Stark disregards the doctor’s orders, which was when he is left with no choice but to implement a “cease and desist order” authorized by RCW 70.24.024(3)(b). Even then Stark’s failure to comply resulted in his doctor reporting his actions to the County prosecutor’s office where he was then charged with three accounts of assault in 2nd degree under RCW 9A.36.021(1)(e).

Proceeding: The proceeding can be correctly categorized into multiple counts; for the first of these Stark was found to be guilty and hence charged to a total of one twenty months or ten years. As far as the second and third counts are concerned through a bench trail Stark was found guilty and then charged for a duration of ten years with an additional consecutive forty three months. Issue: There are certain area’s of concern as far as this case is concerned. The first line of argument is that of Starks intentions; more specifically that of his actions being solely carried out with the objective of causing bodily harm.

Another issue is that of the courts specified sentence, which 120 months only for the first count. A question that rises here is whether the sole reason for this specified sentence was based purely on future dangerousness of Stark’s actions.Holding: The ruling of the case was based primarily on the specific dictations by law which holds an individual responsible for his actions, which are intended to do bodily harm to another person, making him guilty of second degree assault. Stark’s careless behavior and reckless actions that transmit or expose other individuals to HIV do just that.

Reasoning: Stark’s conviction was based on the availability of evidence that can easily be concerned as sufficient to establish intent. Testimonies from the victims, Stark’s neighborhood friends as well as his doctor and nurse all pointed towards his consciously aware reckless behavior and intent to do harm. Stark clearly stated in one of reported conversation “I don’t care. If I’m going to die, everybody’s going to die” leaving no room for doubt of his intentions and hence making an appropriate court sentence inevitable.

Prior to this case, other cases such as, Commonwealth v. Brown and State v. Haines can be analyzed to find that similar sentences were given for comparable crimes by individuals. However the total sentence that Stark was given, amounting up to 120 months can be considered extreme if one looks at the fact that none of the victims actually contracted the disease up till today.ReferencesState v. Stark, 832 P.2d 109 (Wash.App. 1992)Commonwealth v. Brown, 605 A.2d 429 (1992)State v. Haines, 545 N.E.

2d 834 (Ind.App. 1989)